Las Vegas Criminal Defense Blog

In August two men were arrested for allegedly breaking into an apartment and then stealing a motorcycle. A January 2011 trial date has been set on their charges of robbery, home invasion, and committing the Nevada crime of grand larceny of a motor vehicle. Reportedly the men took the motorcycle as "repayment" for a debt.

The Nevada crime of grand larceny of a motor vehicle occurs when someone intentionally steals, takes and carries away, drives away or otherwise removes a car or motorcycle owned by another person. This crime also includes failing to return a car rental. Common defenses include that the car belonged to the defendant or that the defendant had permission to borrow the car.

The penalties for committing the Nevada crime of grand larceny of a motor vehicle depend on the worth of the car. If it's $2,500 or more, it's a category B felony carrying one to ten years in prison, a fine of up to $10,000, and restitution. Otherwise, it's a category C felony carrying one to five years in prison, maybe a fine of up to $10,000, and restitution.

For more on this story, go to: http://www.nevadaappeal.com/article/20101116/NEWS/101119753/1070&ParentProfile=1058

Earlier this month a thirty-one-year old man was arrested in Reno by the Nevada Highway Patrol for violating Nevada hit and run law. He allegedly sped through an intersection and hit an SUV as well as a pedestrian. The pedestrian sustained serious bodily injuries. The driver was later found reportedly drunk and with an infant that was in the car at the time of the collisions.

Nevada hit and run law makes it a misdemeanor to flee a car accident that resulted only in property damage. If the vehicle hit is unattended at the time, the driver has a duty to stop and try to find the owner or else leave a written note with their name and address as well as to inform the police. Possible penalties include up to $1,000 in fines and/or up to six months in jail as well as six demerit points on your license and possible restitution to fix the damaged car.

Nevada hit and run law makes it a category B felony to flee a car accident that resulted in bodily injury or a fatality. The driver has the duty to stop, exchange information and render aid. Penalties include two to fifteen years in prison, a fine of $2,000 to $5,000, and possible license suspension.

For more on this story, go to: http://www.kolotv.com/home/headlines/Driver_Arrested_for_DUI_in_Sun_Valley_Hit_and_Run_108270324.html

Earlier this month a twenty-seven year old man was found guilty by a Carson City jury of a third offense of the Nevada crime of battery domestic violence. He was previously convicted in 2009 and July of 2010. This latest dispute allegedly happened this past August when he reportedly choked and beat his girlfriend. The victim was the same in all three incidents.

The Nevada crime of battery domestic violence occurs when someone uses unlawful physical force on a significant other, family member or roommate. Common defenses include self-defense, accident, or self-inflicted wounds. The state often prosecutes these cases even if the "victim" later recants the story.

As long as there was no substantial bodily harm, a first or second conviction of the Nevada crime of battery domestic violence in a seven-year period is punished as a misdemeanor. Typical penalties include domestic violence counseling, community service, fines, and mandatory jail (if it's a second conviction). But a third conviction within three years is punished as a felony, carrying one to five years in prison and maybe a fine of up to $10,000.

For more on this story go to: http://www.nevadaappeal.com/article/20101116/NEWS/101119753/1070&ParentProfile=1058

Today a Las Vegas judge set a $1 million bail for a middle-aged man who's been arrested for the Nevada crime of murder. He's accused of strangling and beating his wife, a junior high school science teacher. He is currently incarcerated at the Clark County Detention Center.

The Nevada crime of murder is divided into first degree and second degree. First degree murder comprises premeditated killings and homicides committed in perpetration of certain other crimes such as rape or kidnapping. Second degree murder includes killings that weren't premeditated but were the result of such reckless behavior that the person should have known that death might result (such as playing "Russian Roulette").

The Nevada crime of murder is prosecuted as a category A felony. Possible penalties for a first degree murder conviction include death, life in prison without the possibility of parole, or life in prison with the possibility of parole after 20 years, or 50 years in prison with the possibility of parole after 20 years. Possible penalties for second degree murder include life in prison with the possibility of parole after 10 years, or 25 years in prison with the possibility of parole after 10 years.

For more on this story go to: http://www.lvrj.com/news/bail-set-at-1-million-for-man-accused-of-killing-his-wife-109909159.html

Last week North Las Vegas police booked five teenagers (ranging from sixteen to seventeen) on suspicion of committing up to five counts of the Nevada crime of robbery. Some also face charges for possession of a stolen vehicle. Their names won't be disclosed because they are still juveniles.

The Nevada crime of robbery is the unlawful taking of another person's personal property in their presence by means of force or fear of injury. Examples include holding up a store or mugging someone. Typical defenses include lack of force or fear, mistaken identity and false allegations.

The Nevada crime of robbery is a category B felony. The typical sentence is two to fifteen years in prison, though the sentence may be enhanced if a deadly weapon is used. Double jeopardy forbids someone from being convicted of both robbery and battery in the same case (unless the battery was wholly unrelated to the theft).

For more on this story, go to: http://www.lvrj.com/news/north-las-vegas-police-arrest-five-teens-in-robbery-spree-107148948.html

Last month ended with the sixty-second fatal car crash in Las Vegas Metro's jurisdiction. On October 30th a twenty-six year old passenger died from a car accident that allegedly resulted from drunk driving. The twenty-four year old driver, who sustained only minor injuries, was arrested for committing the Nevada crime of DUI causing death. The crash occurred west of the 215 between Robindale and Windmill.

The Nevada crime of DUI causing death is a category B felony in Nevada. The sentence includes two to twenty years in prison and maybe a fine of $2,000 to $5,000. However, people convicted of the Nevada crime of DUI causing death are usually housed in minimum security facilities and segregated from violent offenders.

When a DUI-related car accident does not result in death or substantial bodily harm, it's usually prosecuted as a misdemeanor. Typical penalties include fines, suspended jail time, DUI School, a Victim Impact panel, and a three-month drivers license suspension. However, a third DUI in seven years is always charged as a felony.

For more on this story, go to: http://www.lasvegassun.com/news/2010/nov/10/man-killed-dui-related-crash-south-valley-identifi/

A forty-five year old Silver Springs woman, who received probation nine months ago for shoplifting from a Douglas County Target, has had her probation revoked for allegedly violating Nevada shoplifting law again in a Washoe County's Kohl's store. She will now have to serve an extra 32 months in prison.

Nevada shoplifting law prohibits someone from intentionally stealing store property. If the value of the goods is $250 or more worth, then it's considered "grand larceny," which is a felony. And if the value is less than $250, it's only petit larceny, which is a misdemeanor.

Standard defenses to shoplifting charges include lack of intent or mistaken identity. The penalties for violating Nevada shoplifting law depend on whether the charge was for petit or grand larceny. For petit larceny, the maximum punishment is six months in jail and/or $1,000 in fines and restitution. For grand larceny, the judge can order restitution, one to five years in prison (or one to ten years if the value is $2,500 or more), and maybe an extra $10,000 in fines.

For more on this story, go to: >http://www.recordcourier.com/article/20101102/NEWS/101109957/1062&ParentProfile=1049

This weekend the Henderson police shot at a man suspected of committing the Nevada crime of robbery. None of the shots fired hit the suspect, though after the standoff he was taken to Sunrise Hospital for what seemed to be a self-inflicted gunshot wound. The police had originally stopped the man after the employees at a Check and Go store reported that they had been robbed.

The Nevada crime of robbery is the unlawful taking of property from the person of another (or in their presence) by means of force of fear of injury. Typical examples include holding up a store or mugging someone. Robbery is different than larceny from a person (commonly called pick-pocketing), which does not involve the use of force or fear of injury.

Common defenses to the Nevada crime of robbery include lack of force or fear, mistaken identity, and false allegations. As a category B felony, robbery carries two to fifteen years in prison. If a deadly weapon is used, the sentence may be increased.

Last weekend the Nevada Highway Patrol made thirteen arrests in Reno for alleged violations of Nevada DUI law. This is an improvement from Nevada Day weekend in 2009, when seventeen motorists were arrested in Reno. This year there were no DUI-related fatalities either.

Nevada DUI law makes it a criminal offense to operate a motor vehicle while under the influence of alcohol and/or with a BAC of .08 or above. If a cop suspects you of drinking and driving, he may ask you to submit to a preliminary breath test as well as field sobriety tests such as walking in a straight line and standing on one foot. If you're then arrested, you're usually given the choice to submit to a breath or blood test.

The penalties for violating Nevada DUI law depend on your criminal history and whether anyone got hurt. If it's your first or second DUI in seven years and there were no serious injuries, then it's only a misdemeanor. But if it's your third DUI in seven years or if someone died or sustained substantial bodily harm, then it's prosecuted as a felony.

For more on this story, go to: http://www.rgj.com/article/20101101/NEWS01/101101029/-1/CARSON/NHP-makes-13-DUI-arrests-in-Reno-in-over-Nevada-Day-weekend