Las Vegas Criminal Defense Blog

Starting today licensed vendors begin selling Safe-N-Sane variety fireworks throughout Clark County. In accordance with Nevada fireworks law they may remain on sale all week until 11:59 PM on July 4. After that the sale and purchase of all fireworks, including Safe-N-Sane, will be illegal until the week before the next July Fourth.

It's illegal under Nevada fireworks law to bring fireworks into Clark County from anywhere else, even the Safe-N-Sane variety. Police often set up checkpoints along Blue Mountain to check cars for fireworks that may have been purchased in Nye County, where it's legal to sell them. Any fireworks found will be confiscated, and the driver and/or passengers may be cited or arrested.

Nevada fireworks law makes possessing illegal fireworks a misdemeanor carrying up to six months in jail and/or up to $1,000 in fines.

People who use illegal fireworks are also vulnerable to prosecution for related crimes. For instance someone who uses fireworks in willful disregard of another's safety may be arrested for reckless endangerment, which may carry as much as five years in prison. And maliciously using fireworks to destroy property can carry decades in prison depending on whether anyone got hurt or killed.

For more on this story go to: http://www.8newsnow.com/story/14972826/fire-department-preps-for-fireworks-season

Las Vegas illegal fireworks law prohibits the purchase and use of all types of fireworks with one exception. In the week prior to July Fourth, licensed vendors may sell Safe-N-Sane fireworks throughout Clark County. Tomorrow booths will begin appearing across the valley to sell these specially-approved fireworks.

Las Vegas illegal fireworks law makes it a crime to use any of the following types of fireworks at anytime during the year including July Fourth: Chasers, trick matches, M-80s, mortar shells, cigarette loads, autofoolers, and any other type that is not Safe-N-Sane. People suspected of buying or using illegal fireworks will face misdemeanor charges carrying up to six months in jail and/or up to $1,000 in fines.

It is legal to purchase many types of fireworks in Nye County, but Las Vegas illegal fireworks law prohibits people from carrying them across county lines into Clark County. Police may set up checkpoints along Blue Diamond and search cars for people trying to smuggle in fireworks. It's also legal to purchase various non-Safe-N-Sane fireworks in the Moapa Indian Reservation, but for safety reasons the vendors usually require purchases to ignite them on-site.

For fireworks safety tips go to:
http://www.fox5vegas.com/story/14972806/fireworks-go-on-sale-tuesday

In the weeks prior to Fourth of July the police routinely set up checkpoints on various Nevada highways. But they're not to check for DUI--they're to check if anyone is trying to commit the Nevada crime of illegal fireworks. Last year Las Vegas Metropolitan police confiscated tens of thousands of pounds of illegal fireworks on Blue Diamond alone.

Each county in Nevada has its own rules regulating the sale and use of consumer (class C) fireworks. Clark County permits the use and possession of Safe-N-Sane fireworks that are sold by licensed vendors only during the week before July 4. Otherwise fireworks are illegal in Clark County.

Examples of fireworks that are always unlawful in Nevada, even on July 4th, include roman candles, bottle rockets, parachutes, black jacks, and lady fingers. It's a misdemeanor to possess, buy or transport fireworks in Clark County (with the exception of the Safe-n-Sane ones in the week prior to July 4th). Maximum penalties for the Nevada crime of illegal fireworks include six months in jail and $1,000 in fines.

For more on the Nevada crime of illegal fireworks go to: http://www.8newsnow.com/story/5109836/law-enforcement-seizing-illegal-fireworks

Until this year Nevada fireworks law prohibited the sale and use of fireworks on the Pyramid Lake Paiute Tribe Reservation. But lawmakers decided to lift the ban because police had trouble regulating it. Now some fireworks including small mortars are available for sale in designated area at designated times. The revenue, which includes a 7.5% fee, will go towards the tribe's public safety departments and for lake maintenance.

Nevada fireworks law outlaws the sale and use of consumer fireworks throughout most of Nevada. Each county has its own laws regulating when and where fireworks may be used legally. However consumer fireworks are always illegal on streets, sidewalks, school property, and any federal, state or city property such as parks. Fireworks remain illegal in Clark County except for a specific, low-risk variety available only during the week prior to July 4. Consumer fireworks can't be brought into Clark County even if they were legally obtained elsewhere.

Nevada police may set up checkpoints on various streets and highways to search cars for illegal fireworks during high-incident times such as July 4th. People found with fireworks may then be given a citation or even arrested, and the fireworks will be confiscated. Violating Nevada fireworks law is a misdemeanor, carrying up to six months in jail and/or up to $1,000 in fines.

For more on this story go to: http://www.rgj.com/article/20110528/NEWS/105280348/Fireworks-legalized-Pyramid-Lake?odyssey=mod%7Cnewswell%7Ctext%7CLocal%20News%7Cs

A trial date has been set for a Henderson City Attorney who was arrested for allegedly violating Nevada DUI law. Last month she reportedly drove intoxicated and crashed her car before leaving the scene of the accident. The Clark County D.A.'s office is prosecuting her, and she's on paid leave pending the case's outcome.

Nevada DUI law prohibits operating a motor vehicle while either 1) drunk or high, or 2) with a BAC of .08 or above. So someone may still be convicted of a DUI even if they're driving well as long as there's too much alcohol or drugs in their blood. Typical defenses to this crime include that the breath testing equipment was faulty or police misconduct.

Penalties for driving drunk in Nevada depend on the circumstances and the defendant's criminal history. A first or second DUI in seven years is a misdemeanor carrying a maximum six months in jail. But a third time DUI in seven years, or a DUI that causes death or injury, is an automatic felony carrying prison.

For more on this story go to: http://www.greenfieldreporter.com/view/story/b31cfb953b9a4f878d53a16ed801f471/NV--City-Attorney-DUI/

To learn more about Nevada DUI Law, go to our informational video:

Last month a sixty-nine year old man from Silver Springs was arrested for allegedly committing the Nevada crime of lewdness with a minor under the age of 14. The criminal complaint claims he encouraged a four-year-old to touch his genitals. The man is a former associate pastor.

The Nevada crime of lewdness with a minor under the age of 14 is defined as committing a lascivious act on the body of a child thirteen or younger with the purpose of sexual gratification of the defendant or the minor. The touching does not have to occur on a sexual organ. As long as the defendant had sexual intent, touching any part of a child would qualify as lewd conduct.

Standard defenses to this crime include false accusations and lack of evidence. Penalties include life in prison. For a first offense, the defendant may have the possibility of parole. Otherwise, there is no possibility for parole.

For more information about this story go to: http://tinyurl.com/3jg6w2g

For more information about the Nevada crime of lewdness with a minor under the age of 14, watch our informational video:

Last month the owner of the Palms hotel-casino pleaded no contest to a DUI First in Nevada. Back in October he was stopped for speeding after driving home from a wedding. He reportedly failed the sobriety tests and admitted to having drunk four beers and taking Ambien.

A DUI First in Nevada is charged as a misdemeanor as long as no one gets hurt from the incident. A second DUI in seven years is also a misdemeanor. Though a third DUI in seven years is automatically charged as a felony even if there was no accident or injuries.

Penalties for a DUI First in Nevada usually consist of $585 in fines, DUI School, a Victim Impact Panel, a six month suspended jail sentence, an order to stay out of trouble, and a three month driver's license suspension. If the defendant's BAC was .18 or higher, the judge may also order a drug/alcohol evaluation and that a breath interlock device be installed in the defendant's car. Clark County also offers Misdemeanor DUI Court, which allows defendants with a drinking problem to go through an intensive rehabilitation treatment in lieu of incarceration.

For more on this story go to: http://www.lasvegassun.com/news/2011/may/26/palms-owner-george-maloof-pleads-no-contest-dui-ch/

To learn about Nevada DUI laws, go to our informational video:

Last month a twenty-two year old Las Vegas man was sentenced for committing the Las Vegas crime of child abuse after allegedly tying up and gagging his girlfriend's young children so he could watch a basketball game in peace. The judge ordered him to six years in prison, minus the two years he's already served. Soon he will be eligible for parole.

The Las Vegas crime of child abuse is a very broad offense that includes physical abuse, emotional abuse, sexual abuse, neglect and endangerment. Typical defenses include self-defense, accident, corporal punishment, self-inflicted injuries, or lack of intent. Many of these cases begin with emergency calls to 911 and/or child protective services.

Penalties for committing the Las Vegas crime of child abuse depend on the type of abuse and the harm sustained. For instance willful abuse that results in substantial bodily harm is a category A felony that may carry life in prison. Meanwhile permissive abuse that results in no substantial harm may be charged as a gross misdemeanor carrying a maximum one year in jail.

For more on this story go to: http://www.ktnv.com/story/14707752/vegas-man-sentenced-after-tying-and-gagging-his-girlfriends-kids

To learn more about Nevada child abuse laws, go to our informational video:

Last month the Nevada Supreme Court clarified that the act of spitting on someone qualifies as the Nevada crime of battery. In doing so the court affirmed the battery conviction of the defendant, who was arrested after angrily spitting on his ex-girlfriend. The court explained that battery “need not be violent or severe and need not cause bodily pain or bodily harm.”

The Nevada crime of battery is the intentional use of unlawful physical force on another person. Common examples include punching, pushing, biting, burning and even poisoning. Typical defenses to battery include self-defense, consent, and false accusations.

Penalties for the Nevada crime of battery depend on various factors including the extent of the injuries (if any) and whether a deadly weapon was used. For instance, a mild kick that results in no substantial bodily harm would be prosecuted as a misdemeanor carrying up to six months in jail and/or up to $1,000 in fines. But a stabbing that results in serious bodily harm would probably be prosecuted as a category B felony carrying two to fifteen years in prison and maybe $10,000 in fines.

For more on this story go to: http://www.lasvegassun.com/news/2011/may/23/nevada-high-court-rules-spitting-someone-misdemean/

To learn more about Nevada battery law, go to our video on the subject:

Despite a nationwide dip in violent crimes, there has been an increase in the Las Vegas crime of burglary. According to the 2010 Preliminary Annual Uniform Crime Report, 312 more burglaries occurred in 2010 than in the previous year. Nationally, however, property offenses showed a 2.8 percent decline.

The Las Vegas crime of burglary is defined as the entry into any residential or commercial structure, vehicle, plane or rail car while having the intent either to steal, commit battery or assault, or carry out a felony. Note that breaking and entering is not a requirement--burglary may be accomplished by walking through an unlocked door. Common defenses include lack of intent, mistaken identity and false allegations.

The Las Vegas crime of burglary is punished as a category B felony. The standard prison sentence is between one and ten years, plus a fine of up to $10,000. However if the defendant had a gun or other deadly weapon during the commission of the burglary, then the prison range is increased to two to fifteen years.

For more on this story go to: http://www.lasvegassun.com/news/2011/may/23/assaults-burglaries-rise-las-vegas-despite-dip-vio/

For more information on the Las Vegas crime of burglary, view our informational video:

Last week a Las Vegas police officer was arrested for allegedly committing the Nevada crime of battery domestic violence. He reportedly choked his ex-wife during an argument and shot a gun at the ceiling. He was booked at the Clark County Detention Center and denies having touched his ex-wife.

The Nevada crime of battery domestic violence occurs when someone inflicts unlawful physical force on his/her spouse, significant other, family member or roommate. Common defenses to this crime include self-defense, accident, and false allegations. Typical evidence used in these kinds of cases include 911 calls, eye-witnesses, and expert testimony regarding injuries.

The penalties for committing the Nevada crime of battery domestic violence depend in part on the defendant's history. For example a first-time conviction with no substantial bodily harm or strangling is a misdemeanor carrying community service, fines, counseling, and probably no jail time (although the judge may order up to six months). But a third conviction in seven years is a felony carrying up to five years in prison.

For more on this story, go to: http://www.lvrj.com/news/las-vegas-police-officer-arrested-on-charges-of-domestic-violence-122629094.html