Las Vegas Criminal Defense Blog

On Tuesday a sixty-five year old driver who was allegedly under the influence of alcohol struck and seriously injured a man refueling his car off the US 95 and Cheyenne Ave. She's since been charged with the Nevada crime of DUI with injury. The victim is in critical but stable condition.

The Nevada crime of DUI with injury is when a driver under the influence of drugs or alcohol causes an accident that results in someone else sustaining substantial bodily harm. Police try to determine whether the driver was under the influence by having him/her perform various field sobriety tests and submitting to a breath or blood test. A common defense to this crime is that the victim was more at fault than the driver, or that the driver's intoxication was not a proximate cause of the accident.

The Nevada crime of DUI with injury is a category B felony. The punishment range is two to twenty years in prison and a possible fine of up to $5,000. The judge will be more likely to impose a higher prison sentence if the defendant was transporting a child fifteen years old or younger at the time.

For more on this story go to: http://www.lvrj.com/news/woman-facing-dui-after-man-hit-on-u-s-95-136343828.html

To learn more about Nevada DUI with injury laws, watch our informational video:

The Sparks Police Department is teaming up with several other agencies to implement Nevada DUI Checkpoints on New Year's Eve. Grants made by the Department of Public Safety, Office of Traffic Safety are making it possible for additional officers to be added to the task force. In 2011, Sparks had four fatal car crashes which involved drunk driving.

Also called "sobriety checkpoints," Nevada DUI Checkpoints are when police cordon off certain areas of a high-traffic road to check drivers for signs of drunk driving. Every car which goes through the checkpoint is stopped, and the police will ask the driver if he/she has had anything to drink. If the police suspect the driver is under the influence, the police will conduct field sobriety tests including the one-legged stand, the walk-and-turn, and the horizontal gaze nystagmus eye test.

Nevada DUI Checkpoints are common over holiday weekends such as July Fourth. In order for a checkpoint to be legal, the police must abide by various regulations including using a flashing red light that's visible to oncoming traffic. It's illegal to drive through a checkpoint without stopping, and the driver may face high fines or even prison depending on whether the driver caused injuries.

For more on this story go to: http://www.foxreno.com/news/news/crime-law/dui-enforcement-campaign-setup-christmas-and-new-y/nF7n5/

To learn about what happens if someone gets arrested at a DUI checkpoint in Nevada, watch our informational video:

Yesterday, celebrity boxer Floyd Mayweather Jr. was sentenced to 90 days in jail after pleading guilty to the Nevada crime of battery domestic violence and no contest to two harassment counts. The conviction stems from a 2010 incident where he allegedly assaulted the mother of his children. Mayweather also must attend a year of counseling, perform community service and pay a fine.

The Nevada crime of battery domestic violence occurs when someone allegedly commits battery on his/her family member, dating partner, ex-dating partner or roommate. Often these cases begin with a verbal altercation that turns physical. Common defenses to this crime include self-defense, accident, or that the defendant was falsely accused.

Penalties for the Nevada crime of battery domestic violence depend on whether the defendant has a history of domestic abuse, the nature of the alleged abuse, and whether the victim sustained substantial bodily harm. Even a first-time charge may be prosecuted as a felony if the defendant allegedly used strangulation. And a third-time charge is always a felony even if the victim wasn't badly injured.

For more on this story go to: http://www.lvrj.com/news/mayweather-gets-90-days-in-jail-in-plea-deal-for-domestic-violence-incident-136019633.html

To learn more about Nevada domestic violence laws watch our informational video:

A former SEAL in the U.S. Navy was given sixty days in jail and probation after being convicted of seven counts of the Nevada crime of battery stemming from his attacking eight people with a lead pipe last year in the Venetian. He was reportedly intoxicated at the time on nearly twenty alcoholic beverages. As part of his sentence he also has to avoid alcohol, pay restitution and go to counseling.

The Nevada crime of battery is the unlawful or unwanted use of physical force on someone else. Typical examples of battery are hitting, pushing, pouring a drink on, or even poisoning. Defenses to battery allegations may include that the "victim" consented to the touching, that the defendant acted in self-defenses, or that the "victim" falsely accused the defendant.

Penalties for a battery conviction range from minor to devastating depending on the severity of the incident, whether weapons were involved, and many other factors. For instance a simple punch that results in no substantial bodily harm would probably be prosecuted as a misdemeanor, and the judge may choose to impose no jail time. But if the defendant used a knife and the victim sustained a bad injury, it's a category B felony carrying up to fifteen years in prison.

For more on this story go to: http://www.lvrj.com/news/former-navy-seal-sentenced-to-probation-in-strip-attack-135762543.html

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

The firm of Las Vegas Defense Group recently won a resounding victory in a high-profile sexual assault case involving a former Nye County Sheriff's deputy. Sexual assault and kidnapping charges were dismissed before trial, and a jury thereafter fully acquitted the defendant on charges of sexual misconduct with a prisoner and oppression under color of state law. The case stems from 2008 allegations against a former police officer accused of sexually fondling an inmate. The defendant faced up to eight years in prison.

During the two-day trial, Las Vegas criminal defense attorney Michael Becker cross-examined the Nye County Sheriff Office lead detective, whose testimony demonstrated that the state neglected to follow proper protocol when investigating the purported victim’s claims. Michael Becker explained to the jury during closing arguments, “Law enforcement also has an obligation to look for evidence that might exonerate people. [The Detective] wholly failed in that obligation.” The jury returned a verdict of “not guilty” after less than an hour of deliberation.

After the defendant was acquitted, Las Vegas criminal defense attorney Michael Becker told the Pahrump Valley Times, “We are grateful, and especially now, [the defendant] can go on about trying to move forward with his life and that’s the thing we’re most grateful for.” Michael Becker has nearly two decades of criminal defense experience as well as dozens of successful trials under his belt. Also assisting at trial was Las Vegas Defense Group associate attorney Daniel Young.

To learn more about this case read the Pahrump Valley Times article: http://pvtimes.com/news/update-former-ncso-deputy-found-not-guilty-in-sexual-misconduct-trial/

To hear Las Vegas criminal defense attorney Michael Becker explain how to get a case dismissed, watch our informational video:

This weekend a teenager was arrested for allegedly committing the Nevada crime of sexual assault last week. The nineteen year old is accused of entering a residence and battering and raping a female inside. He faces additional charges for home invasion, assault with a deadly weapon, battery with intent to commit rape, first-degree kidnapping, and battery with intent to commit robbery.

The Nevada crime of sexual assault occurs when someone has sexual relations with another either without that person's consent or if that person isn't capable of giving consent. Examples include if the person is drunk or unconscious. Typical defenses to rape are false allegations, that the victim consented, or that insufficient evidence exists to support a conviction.

The Nevada crime of sexual assault is a category A felony, and penalties turn on the victim's age, the defendant's criminal history, and whether the victim sustained substantial bodily harm. The laxest punishment is life in prison with the possibility of parole after ten years. The harshest punishment is life in prison with no possibility of parole.

For more on this story go to: http://www.lvrj.com/news/man-arrested-in-las-vegas-home-invasion-sexual-assault-135412613.html

To learn more about Nevada rape laws watch our informational videos:

Last week nine township Justice Courts in Clark County began accepting payments of traffic fines and court fees through the internet. These Justice Courts are in Henderson, North Las Vegas, Boulder City, Laughlin, Searchlight, Bunkerville, Goodsprings, Moapa, and Moapa Valley. Las Vegas Justice Court has already been accepting online payments for court fees and violations of Nevada traffic law some time. People can access the e-payment program through www.ClarkCountyNV.gov.

Nevada traffic law comprises hundreds of various crimes regulating drivers' behavior on the road. The three main types of traffic tickets in Nevada are for parking violations, non-moving violations, and moving violations. Possible penalties include fines and incarceration depending on the severity of the violation.

Nevada traffic law uses the demerit point system, which adds a predetermined amount of demerit points to a driver's license for each traffic violation he/she is convicted of. Demerit points stay on the license for a year. Racking up twelve or more demerit points within a year period results in automatic license suspension.

For more on this story go to: http://www.lvrj.com/news/justice-courts-to-begin-accepting-online-payments-135155083.html

For information about Las Vegas jails watch our video:

Last month four people allegedly committed the Nevada crime of vandalism against Coronado High School's Henderson Campus by chopping down trees, gluing locks and door hinges, and shooting paintballs at a wall mural. The school is offering a $1,000 reward for information. The school principal suspects that the culprits are Coronado students.

The Nevada crime of vandalism is the willful damaging, destruction or defacing of another's property. Other names for vandalism are malicious mischief and public offense. Common defenses are that the defendant had lawful consent to vandalize or that the property belonged to the defendant.

Penalties for committing the Nevada crime of vandalism depend on the extent of the damage. If the value of the damaged property is under $500, it's a misdemeanor carrying a maximum six months in jail. If it's less than $5,000, it's a gross misdemeanor carrying up to one year in jail. Otherwise it's a felony carrying up to five years in Prison. The judge also orders restitution to pay for the damage and perhaps additional fines.

For more on this story go to: http://www.lvrj.com/news/reward-rises-to-1-000-for-vandalism-suspects-134956298.html

For Las Vegas jail information watch our video: