Las Vegas Criminal Defense Blog

A forty-eight-year old Reno man faces a June trial for allegedly shooting and killing his younger brother in September. The defendant allegedly battered the victim and stole his phone just hours before the fatal shooting. The defendant was reportedly on anti-psychotic medication and has mental health problems.

The Nevada crime of murder is the most serious offense in the state. It's defined as the unlawful killing of someone with malice aforethought. First degree murder is premeditated killing or killing in the course of carrying out another felony. Second degree murder is extremely reckless killing, such as playing Russian Roulette.

Penalties for committing the Nevada crime of murder range from a fifty year prison sentence to life imprisonment or even the death penalty. Common defenses include: that the defendant killed out of self-defense, that the incident was an accident (and therefore lacked malice aforethought), or that there's insufficient evidence to convict the defendant. If the victim was age sixty or older, the judge may order an additional sentence of up to twenty years.

To read more about this story go to: http://www.lvrj.com/news/trial-set-for-northern-nevada-man-held-in-brother-s-death-134483658.html

To learn more about the Nevada crime of murder watch our information video:

This month a 49-year-old man from Sun Valley was indicted on a federal charge of child pornography for allegedly receiving child pornography this past February. He entered a plea of not guilty, and trial is set for January. Nearly a decade ago he was indicted on firearms possession, but the case was dismissed.

Nevada child pornography laws make it a crime to possess, make or promote child pornography in Nevada. It's prosecuted as a category A felony or a category B felony depending on the nature of the charges. Common defense include that the defendant lacked intent to possess child pornography, that the materials aren't pornographic, or that the police entrapped the defendant into possessing child pornography.

A violation of Nevada child pornography laws is a crime of moral turpitude. Therefore aliens and non-citizens convicted of it may face deportation from the United States. Immigrants who are accused of violating Nevada child pornography laws should retain counsel to try to dismiss the case or else change the charge to a non-deportable offense in order to protect them from removal.

For more on this story go to: http://www.lvrj.com/news/sun-valley-man-indicted-on-child-pornography-charges-134483668.html

To learn about the Nevada defense of entrapment watch our informational video:

The Nevada Supreme Court suspended a Las Vegas lawyer from practicing law after he took a third guilty plea for the Nevada crime of drunk driving. He was first convicted in 2008 and is currently serving a prison sentence in Southern Desert Correctional Center. The suspension is temporary until the Nevada Bar Association determines a punishment.

The Nevada crime of drunk driving is one of the most common offenses in the state. A person may be convicted of DUI for either driving impaired by alcohol or driving with a BAC of .08 or above whether or not he/she is impaired. The arresting officer determines whether the driver may be under the influence by administering field sobriety tests and a chemical breath or blood test.

Penalties for committing the Nevada crime of drunk driving vary with the circumstances. A first-time DUI with no injuries is prosecuted as a misdemeanor, and often the judge will impose no jail unless the defendant fails to complete the other terms of his/her plea bargain. Meanwhile a third-time DUI or a DUI causing substantial injuries or death is prosecuted as a felony carrying prison.

For more on this story go to: http://www.lasvegassun.com/news/2011/nov/19/supreme-court-suspends-two-las-vegas-lawyers/

To learn more about penalties for a First-, Second- or Third-time DUI in Nevada, watch our informational video:

Last week a former medical marijuana activist's mom was ordered to serve four months in prison for participating in a marijuana dispensary run by her family. She also has to serve four months in home confinement as well as five years of supervised release. She was not taken into custody right away but has to surrender by the middle of February.

Nevada medical marijuana laws are very specific and narrow. The state does not recognize storefront dispensaries. Instead, patients and their designated caregivers may grow their own under Nevada medical marijuana laws.

Nevada medical marijuana laws is meant to help patients suffering from either multiple sclerosis, AIDS, epilepsy, cancer, glaucoma, or any condition where the patient endures severe nausea, severe pain, muscle spasms, seizures, or cachexia. A licensed physician has to recommend the patient to the program. And a medical marijuana card is valid for only one year.

To learn more about this story go to: http://www.lvrj.com/news/mother-of-ex-medical-marijuana-activist-sentenced-134055848.html

To learn how much medical marijuana a cardholder is allowed to have in Nevada, watch our informational video:

This week a man initially charged with attempted murder for shoving his spouse off a cliff into Lake Mohave pleaded guilty to the Nevada crime of assault as part of a plea bargain. As part of his misdemeanor sentence, he will be on probation and is restricted from going back to Lake Mohave. His spouse survived the fall.

The Nevada crime of assault is when someone deliberately puts someone else in apprehension of immediate physical harm or touching. In other words, assault is an attempted battery. It's not required that the defendant ever touch or hurt the victim for it to qualify as assault. But the victim has to be aware of the assault--it's not possible to assault an unconscious or sleeping victim.

Penalties for committing the Nevada crime of assault depend on several factors, including whether the defendant used a deadly weapon, whether the defendant was a prisoner or parolee, and whether the victim was part of a protected class (such as a cop). If none of those circumstances apply, then assault is a misdemeanor carrying a maximum of six months in jail. If all of those circumstances apply, then it's a category B felony carrying a maximum six years in jail.

For more on this story go to: http://www.lvrj.com/news/man-gets-five-years-probation-after-pushing-wife-off-cliff-into-lake-mohave-133932338.html

To learn more about the Nevada crimes of assault and battery, watch our informational video:

This month three suspects have pleaded guilty to conspiracy to commit the Las Vegas crime of burglary stemming from an April "swarm burglary." They and twenty-three others allegedly entered a convenient store en masse and took various items such as alcohol and snack foods. The judge ordered the three to several months in jail.

The Las Vegas crime of burglary is defined as entering a building, vehicle or boat with the intention to commit assault, battery, larceny, or a felony inside. It's not necessary that the defendant "break and enter" in order for the D.A. to prosecute him/her for burglary. A common defense is that the defendant had no intention to commit a crime when he/she entered the building.

Penalties for committing the Las Vegas crime of burglary depend on whether the defendant had a deadly weapon with him/her at the time. If not, the prison sentence is one to ten years (as well as up to $10,000 in fines). If so, the range is increased to two to fifteen years.

To read more about this story go to: http://www.fox5vegas.com/story/15953207/sentences-handed-in-vegas-swarm-burglary

To learn about when a burglary charge becomes a felony in Nevada, watch our informational video:

This week Motley Crue vocalist Vince Neil took a guilty plea to the Nevada crime of disorderly conduct in Las Vegas Justice Court. The original charge he faced was battery domestic violence. The judge ordered that he pay a $1,000 fine.

The Nevada crime of disorderly conduct is extremely broad and is often referred to as a "catch-all" offense. It can comprise any type of disruptive behavior, usually in a public space. Examples include: acting too rowdy in a bar, challenging someone to a fight, or using profane language in addressing someone else.

The Nevada crime of disorderly conduct is a misdemeanor. The punishment includes up to six months in jail and/or up to $1,000 in fines. A first-time offense can often be dismissed if the defendant agrees to pay a fine, perhaps attend an impulse control counseling class, and to stay out of trouble while the case is open. Many more serious charges can sometimes be pleaded down to a disorderly conduct charge as part of a plea bargain, as in Vince Neil's case.

To read more on this story go to: http://loudwire.com/vince-neil-pleads-guilty-disorderly-conduct/

To learn more about the Nevada crime of disorderly conduct, watch our informational video:

This weekend, sheriff's deputies in Nye County seized approximately thirty pounds of marijuana stemming from a traffic stop. The driver reportedly confessed to being impaired, and a deputy smelled marijuana in the truck. The driver was arrested for various crimes including the Nevada crime of driving under the influence of drugs.

The Nevada crime of driving under the influence (DUID) of drugs is very similar to that for alcohol. It's a crime either to drive impaired from drugs or to drive with a BAC of certain drugs that exceeds state limits. A driver who's suspected of DUID may be pulled over and asked to perform various field sobriety tests such as walking in a straight line and standing on one leg. However suspected drugged drivers may not elect to take a breath test and are required to submit to a blood test.

Penalties for committing the Nevada crime of driving under the influence of drugs depend on the defendant's history and whether any injuries occurred. A first-time DUID is a misdemeanor as long as no one gets hurt, and the judge frequently imposes a suspended sentence instead of jail. But a first-time offense that results in substantial injury or death is prosecuted as a felony carrying imprisonment.

For more on this story go to: http://www.lasvegassun.com/news/2011/nov/06/nye-county-offices-confiscate-30-pounds-marijuana/

To learn how to get a Las Vegas DUI charge dismissed, watch our informational video:

Yesterday a twenty-eight year old man pleaded guilty to conspiracy, possession of stolen property, armed robbery, burglary, possession of a firearm by an ex-felon, and the Nevada crime of murder for beating an eighty-two year old man to death in Henderson in 2009. Prosecutors won't be seeking capital punishment in return for the plea agreement. Four other people have been charged in connection with the attack.

The Nevada crime of murder comprises premeditated killing (first-degree) and extremely reckless killing (second-degree). Murder is a distinct crime from manslaughter, which is an unlawful killing without premeditation or malice. Voluntary manslaughter is homicide done in the heat of passion. Involuntary manslaughter is homicide that resulted from an act of negligence.

The punishment for committing the Nevada crime of murder may be either fifty years in prison with the possibility of parole after 20 years, life in prison with the possibility of parole after 20 years, life in prison with no parole, or the death penalty. The death penalty may be imposed only if the jury finds at least one aggravating factor which outweighs all the mitigating factors, if any. Convicted murderers who were minors at the time may not be executed for it.

For more on this story go to: http://www.lvrj.com/news/man-pleads-guilty-in-beating-death-of-man-82-133208393.html

To learn more about the Nevada crime of murder, watch our informational video:

Recently, there has been an increase in the amount of traffic-caused pedestrian fatalities in Las Vegas. One included a twelve year old trick-or-treater who was struck by an allegedly drunk driver, and another was a fifty-five year old woman who was crossing the street near the Strip. There have also been similar recent incidents in Henderson and North Las Vegas. The drivers in such cases are typically charged with felony DUI, reckless driving causing death, or vehicular manslaughter.

Nevada vehicular manslaughter law applies when a driver proximately causes the death of another through an act or omission that constitutes simple negligence. Simple negligence is the failure to act like a reasonable driver would act in the same situation. Common examples may include failure to yield, slight speeding, or failing to put on headlights at night.

Defenses to charges of violating Nevada vehicular manslaughter law include that the death was not the proximate cause of the driver's actions or that the victim was more to blame than the driver. This crime is a misdemeanor carrying up to six months in jail and/or up to $1,000 in fines. Penalties may be doubled if the incident occurred in a work zone.

For more on this story go to: http://www.lvrj.com/news/pedestrian-deaths-rise-in-alcohol-related-accidents-trouble-police-133123168.html?ref=168

To learn more about Nevada vehicular manslaughter law, watch our informational video: