Las Vegas Criminal Defense Blog

This week a forty-one year old special education teacher was arrested for allegedly committing the Las Vegas crime of child abuse. She's accused of taking a child's hand and forcing him to hit himself with it several times on the head. The teacher was booked on $6,000 bail and is expected in court today.

The Las Vegas crime of child abuse makes it illegal to cause or permit a child to endure abuse, neglect or endangerment. Injuries do not have to be physical to support a claim of abuse--substantial mental harm qualifies as well. Typical defenses include self-defense, accident, wrongful accusations, and a parent's right to discipline.

The punishment for a conviction of the Las Vegas crime of child abuse depends on several factors. These include the type of abuse, the age of the child, whether the abuse involved sexual abuse, and whether the child was physically or mentally injured. The most severe abuse cases may carry felony lifetime sentences, while the least serious cases are gross misdemeanors with potentially no jail at all.

For more on this story go to: http://www.lvrj.com/news/las-vegas-teacher-facing-child-abuse-charge-118884789.html

Last week a twenty-nine year old woman lost a trial on charges of Nevada felony DUI law stemming from a 2008 head-on crash in Reno that resulted in a man being seriously injured. The defendant was allegedly driving in the wrong direction on Interstate 80. She may be sentenced to up to 20 years in prison.

Nevada felony DUI law applies to drunk driving accidents that result in death or a serious injury. A third DUI within a seven year period is also prosecuted as a felony even if no death or injury occurred. Common defenses to this crime include that the accident was not caused by the DUI, that the testing equipment was faulty, or that the police engaged in misconduct.

Typical penalties for violating Nevada felony DUI law depend on the circumstances of the case. A DUI resulting in injury or death carries two to ten years in prison and fines of $2,000 to $5,000. But if it's a third DUI in three years with no injury, then the prison range is one to six years.

For more on this story go to: http://www.ktvn.com/Global/story.asp?S=14331051

Last week the Nevada Supreme Court held that there was insufficient evidence to sustain Marc Young's conviction for the Nevada crime of child abuse. Last year he'd been found guilty of kicking a twelve-year-old boy in the groin in Las Vegas even though the boy testified that Mr. Young never assaulted him. The court stated that “no rational juror could have found the elements essential to proving child abuse and neglect.”

The Nevada crime of child abuse makes it unlawful to cause (or allow a child to endure) abuse. Child abuse comes in many forms including physical abuse, mental abuse, sexual abuse, and neglect. Common defenses to this crime include accident, false allegations and self-defense.

The punishment for a conviction of the Nevada crime of child abuse depends on the type of abuse, the age of the child, and whether it resulted in substantial physical harm. The most serious abuse is a category A carrying a life sentence. The least serious abuse is a gross misdemeanor with a maximum year in jail.

For more information go to our page on: http://www.lasvegassun.com/news/2011/mar/18/court-overturns-las-vegas-mans-child-abuse-convict/

Saturday night the Clark County prosecutor in last year's Paris Hilton drug possession case in Las Vegas was arrested himself for alleged violation of Nevada cocaine possession law. Police report that he bought rock cocaine from a street dealer near Desert Inn Rd. and Maryland Pkwy. He's scheduled to appear in court on this charge in May.

Nevada cocaine possession law makes it a crime to possess any quantity of cocaine in any form. The law draws no distinction between being in actual possession, constructive possession or joint possession of the drug. Typical defenses include that the cops performed an illegal search or that you didn't know the drugs were there.

The penalties for violating Nevada cocaine possession law depends on your criminal history. A first or second offense is a category E felony potentially carrying up to four years in jail. However, a first offense is usually probationable, and you may be able to get the charge dismissed if you complete a Drug Court program. A third or fourth offense is a category D felony carrying up to four years in jail and maybe a $20,000 fine.

For more information on this story go to: http://www.lvrj.com/news/arrest-of-high-profile-drug-case-prosecutor-shocks-colleagues-118406724.html

A man who has been convicted of involuntary manslaughter and violating Nevada child abuse law in Las Vegas has had his $500,000 bail revoked after appearing at his verdict reading with thousands of dollars of jewelry. The prosecution believes he was going to use it as getaway money, though the defense claims he was merely attempting to protect his property. His sentencing is in May.

Nevada child abuse law makes it a crime to abuse, neglect or endanger a minor. This extends to both physical and emotional abuse as well as sexual abuse and medical maltreatment. Typical defenses to child abuse charges are accident, self-defense and false allegations.

The penalties for violating Nevada child abuse law turn on such factors as whether the alleged abuse was willful, whether substantial harm occurred, whether the harm was sexual, the child’s age, and whether the accused is a repeat-offender. Willful abuse that results in substantial bodily harm is a category A felony potentially carrying life in prison. In contrast, merely allowing a child to be abused and without causing harm is a gross misdemeanor that potentially carries no jail.

For more on this story go to: http://www.ktnv.com/story/14183566/stan-rimers-bail-revoked

Last month a twenty-three year old Washoe County man was arrested by federal authorities on a probation violation and charged with additional criminal counts of being an ex-felon in possession of a firearm. The arresting agency was Nevada FIST, short for Fugitive Investigative Strike Team. Last year Nevada FIST arrested nearly 250 people wanted on felony charges.

A Nevada probation revocation hearing is a court hearing to determine whether a person who's been convicted of a crime has violated their probation. Also called a "revo hearing" or "probation violation hearing," a Nevada probation revocation hearing affords defendants the rights to testify, to be represented by a lawyer, to cross-examine witnesses, and to present evidence. If you win the hearing, your probation will be reinstated. Otherwise, the judge will usually revoke the probation.

If someone loses their Nevada probation revocation hearing, the judge considers several factors when determining the final sentence. These include how serious the violation was, the person's criminal record, how long you've been on probation, and what the Department of Probation recommends. Typical punishments include prison and fines.

For more on this story, go to: http://www.mynews4.com/story.php?id=38005&n=122

Last month police arrested two men for allegedly committing the Nevada crime of mortgage fraud. They reportedly scammed homeowners by telling them that their Bank of American mortgages were now being served by Great Western Business Services, a sham company they set up. The Attorney General is reviewing how many checks the two men have received from deceived homeowners.

The Nevada crime of mortgage fraud occurs when a person intentionally defrauds a participant in a mortgage lending deal. Typical examples include knowingly making a false statement about a material fact related to a mortgage and receiving money from a mortgage transaction you know was fraudulent. Each act of fraud is a separate crime in Nevada, so one person may be prosecuted for several counts of mortgage fraud for the same property.

The Nevada crime of mortgage fraud is both a state and federal crime. In Nevada, mortgage fraud is a category C felony carrying one to ten years in prison and/or up to $10,000 in fines. And a pattern of engaging in mortgage fraud is penalized more harshly as a category B felony, carrying three to twenty years and/or up to $50,000.

For more on this story go to: http://www.fox5vegas.com/news/26736098/detail.html

The evidence hearing for boxer Floyd Mayweather Jr. is scheduled for this Thursday, March 10. Mayweather has been charged with felony domestic violence, coercion, robbery, misdemeanor domestic battery, misdemeanor harassment, and violating Las Vegas grand larceny law. If convicted he faces decades in prison.

Las Vegas grand larceny law occurs when someone deliberately steals another's property valued at $250 or more. Typical grand larceny scenarios include shoplifting, taking another's money from an ATM, stealing furniture from a hotel room, or stealing another's pets or livestock. If the property is valued at less than $250, the applicable offense is petit larceny (also called petty larceny).

The penalty for violating Las Vegas grand larceny law depends on the worth of the property. If it's at least $250 but less than $2,500, the penalties include restitution, one to five years in prison, and maybe a fine of up to $10,000. If it's $2,500 or more, then the punishment is restitution, one to ten years in prison and a fine of up to $10,000.

For more on this story, go to: http://www.usatoday.com/sports/boxing/2011-01-24-floyd-mayweather-court-postponed_N.htm

The Federal Trade Commission named Nevada as the most scam-ridden state for 2009. They report that close to 11,000 people filed complaints for fraud that year. The majority of the culprits were debt collectors who broke federal laws. Consumers also reported cases of the Nevada crime of identity theft and mortgage fraud.

In the internet age the Nevada crime of identity theft is more rampant than ever. Like it sounds, identity theft is when one person uses another person's ID to commit fraud (such as to get money). Typical acts of ID theft include willingly possessing someone else’s ID card, willingly possessing a stolen ID card, and utilizing another person’s identification to perpetrate a felony or violate a federal law.

The Nevada crime of identity theft carries very harsh penalties, including up to 25 years or more in prison. It's typically prosecuted in federal court under the Identity Theft and Assumption Deterrence Act of 1998. People may commit ID theft by using not only another's name but also their birthday, credit cards, bank account numbers, and social security numbers.

For more on this story go to: http://www.8newsnow.com/story/13882083/nevada-is-scam-central-new-report-finds?clienttype=printable

This month the final defendant to be sentenced for the assassination of a Palomino Club doorman in 2005 was ordered to serve four to twelve years in prison. He had pleaded guilty to voluntary manslaughter with a deadly weapon. At the Las Vegas sentencing hearing the judge gave him credit for already having done more than a thousand days in jail, which means he'll be eligible for parole in a few weeks.

A Las Vegas sentencing hearing is where the judge imposes a penalty on a defendant who has been convicted of a crime. In some ways it's like a mini-trial where both the state and defense may call witnesses and present evidence. Depending on the gravity of the crime, these hearings may last less than a minute or span several hours.

During a Las Vegas sentencing hearing the state may present "aggravating" evidence to persuade the judge to hand down a harsher penalty. Examples include that any injuries or damage resulting from the crime were substantial, that the defendant used a weapon to commit the crime, or that the defendant has a long criminal record. Conversely, the defense may offer "mitigating" evidence to sway the judge to give a lax sentence. Examples include that the defendant had an abusive childhood, has helped the community, and/or has suffered from a mental illness.

For more on this story go to: http://www.lvrj.com/news/final-palomino-club-murder-defendant-sentenced-115785559.html?ref=559