Las Vegas Criminal Defense Blog

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:

Last week a man suspected of a 2007 Strip shooting that resulted in four people being injured was arrested in Chicago. He's been charged with attempted murder, assault, the Nevada crime of battery, and other offenses. He is awaiting extradition to Nevada.

The definition of the Nevada crime of battery makes it illegal to use unlawful physical force intentionally on another person, such as punching, burning or biting. Just this month the Nevada Supreme Court in Hobbs v. State affirmed that battery also comprises the act of spitting. Typical defenses to battery include consent to the battery, self-defense or accident. Battery is a separate crime from assault, which is intentionally putting someone in apprehension of unlawful and immediate physical force.

Penalties for committing the Nevada crime of battery depend upon the circumstances. If no deadly weapon was used and no one sustained substantial bodily harm, it will probably be prosecuted as a misdemeanor carrying up to $1,000 in fines and/or up to 6 months in jail. But battery committed with a deadly weapon and substantial bodily harm is a category B felony carrying two to fifteen years in prison and maybe up to $10,000 in fines.

For more on this story go to: http://www.lvrj.com/news/man-arrested-in-chicago-for-2007-strip-shooting-of-four-people-122363148.html

A February trial date has been set for boxer Floyd Mayweather's misdemeanor charge of allegedly committing the Nevada crime of battery. He's been accused of poking a security officer in November during a confrontation about a parking ticket. Mayweather is out on his own recognizance.

The Nevada crime of battery is when someone uses unlawful physical force on another person, such as punching or shoving. Common defenses include lack of intent (accident), self-defense, and consent. Battery is a different crime from assault, which is causing someone "apprehension of physical force" such as making your hand into a fist and threatening you're going to punch.

Penalties for the Nevada crime of battery range from very lax to very serious depending on the circumstances of the case. If no one gets hurt and no deadly weapon is involved, it's usually just a misdemeanor carrying up to six months in jail and/or up to $1,000 in fines. But if the battery caused substantial bodily harm, involved a deadly weapon or was committed with the intent to rape, then it's a felony carrying several years in prison and high fines.

For more on this story go to: http://www.lvrj.com/news/trial-set-in-latest-mayweather-legal-problem-111532204.html

A Mesquite police officer who was charged with battery had his case dismissed in Moapa Justice Court earlier this month. He'd been arrested for allegedly pushing someone following a wrestling match at Virgin Valley High School while he was off duty. After posting a $1,000 bail, he was ordered to complete 50 hours of community service, attend impulse control counseling, forfeit the bail and to stay out of trouble in exchange for getting his case dismissed.

The officer was placed on administrative leave following the incident and has now been demoted from a sergeant to a patrolman. He's been with the Mesquite Police Department for 10 years. He returns to active duty today.

Moapa Justice Court is a small courthouse in Moapa township that hears cases only on Wednesdays. Moapa Justice Court handles misdemeanor and traffic matters that allegedly occurred in Moapa. Any felony charges may eventually be bound over to Clark County District Court in Las Vegas.

For more on this story, go to http://www.mesquitelocalnews.com/viewnews.php?newsid=5271&id=2.

Last week a former janitor at the Lloyd George U.S. Courthouse pleaded guilty to one charge of simple assault, a federal crime which carries a maximum of six months in jail. Initially, though, he was charged with abusive sexual contact. He confessed to U.S. District Judge Kent Dawson that he grabbed a female co-worker in a jury restroom and then would not let her leave.

In state court, the crime of breaking Nevada assault law is defined as putting another person in reasonable apprehension of immediate and unlawful physical contact. Unlike battery, assault does not require that physical contact be made, but the alleged victim must be aware of the assault in order for it to be criminal. Furthermore, the prosecutor must prove that the suspect intended to perform the assault in order for him/her to be found guilty.

The penalties for violating Nevada assault law depend on the circumstances. If it’s committed without a deadly weapon, it’s just a misdemeanor and carries up to six months in jail and/or a $1,000 maximum fine (the judge may impose community service instead, too). But breaking Nevada assault law with a deadly weapon is a category B felony, carrying one to six years in prison and/or up to a $5,000 fine. Often if someone is charged with mayhem that did not result in permanent injury, the prosecutor will reduce the charge to assault.

Read more about this story at http://www.lvrj.com/news/ex-courthouse-janitor-pleads-guilty-89670467.html.

Earlier this month, a twenty-seven year old man in Story County was acquitted of felony charges in connection with his alleged assault of a police officer in August. His lawyer argued that he was actually the victim of police brutality, evidenced by the cop tasing him five times during the fight. Although he escaped felony convictions, the suspect was found guilty of various misdemeanors and faces up to three years of jail.

Tasers, which resemble guns, shoot electrical volts rather than bullets. Currently, over 14,000 law enforcement agencies around the world use stun guns. Nevada taser laws allow cops to use them to subdue unruly suspects whose aggressive behavior is threatening the safety of others or police officers.

Nevada taser laws prohibit police from using tasers if certain circumstances: If doing so would cause substantial injury or death, if the officer knows the suspect has come into contact with flammable liquid, if the suspect is already handcuffed, to awaken a suspect who’s unconscious or drunk, or when the suspect is pregnant. Nevada taser laws discourage police from using stun guns in other circumstances unless it’s absolutely necessary: When the suspect is driving, holding a gun, or is very old, infirm or disabled.

Read more about this story here: http://www.amestrib.com/articles/2010/03/09/ames_tribune/news/doc4b96791278c42216131226.txt

Last Friday, a twenty-two year old man from Lockwood pleaded not guilty in First Judicial District Court in Virginia City to felony counts of open murder and violating the Nevada crime of battery on a peace officer with substantial bodily harm. These charges stem from the October beating death of a forty-seven year old woman.

Police claim that the accused beat the victim after she denied him a cigarette, starting an altercation outside of the Rainbow Bend Community Center. He then reportedly left the scene and fought with a cop prior to arrest, which led to the charge for the Nevada crime of battery on a peace officer. His trial is set for November.

The Nevada crime of battery on a peace officer is defined as unlawful use of force or violence on a peace officer, which includes policemen, fire department employees, and court judges. If substantial bodily harm occurs, it may be charged as a felony and carries a prison term of two to ten years and/or a fine of up to $10,000. If there’s no substantial harm, it may be charged as a gross misdemeanor, carrying up to a year in jail and/or a fine of up to $2,000.

Read more about this story at http://www.nevadaappeal.com/article/20100220/NEWS/100219472/0/FRONTPAGE.

Last week, a judge in Washoe District Court revoked the probation of a Reno man for allegedly assaulting his former wife with a knife. The judge then sentenced the sixty-year-old to up to six years in prison for assault with a deadly weapon. The defendant originally fled, but detectives of the Northern Nevada Repeat Offender Program found him.

When issuing an order granting probation, the court may fix the terms of probation, require that the probationer dispose of his weapons, and mandate any other reasonable conditions that would ensure the health, safety or welfare of the community. The probationer may also be ordered to stay within a certain state or county or to refrain from contacting or seeing a certain person. Probationers are under the supervision of the Chief Parole and Probation Officer.

Nevada probation violation law is taken very seriously by judges. Sometimes, just the slightest misstep can cause a judge to deem that you’ve broken Nevada probation violation law. People on probation may find themselves back in jail for the smallest things like jaywalking, not reporting to their officers, or failing a drug or alcohol test.

Roger “Black Mamba” Mayweather has been charged with battery-strangulation, battery causing substantial bodily harm and breaking Las Vegas coercion law in Clark County in connection with his alleged attack on a female boxer in August. The victim testified that Mayweather punched her in the ribs and choked her. The former junior welterweight champion pled not guilty last week and is scheduled for trial on June 1.

Las Vegas coercion law makes it unlawful for someone to use or threaten violence on someone with the intent to compel them to do something that the victim has the right not to do. Equally unlawful is forcing someone to abstain from doing something that they have the right to do. It’s also considered coercion to threaten or hurt the victim’s family or property or to simply intimidate by threats of force.

The penalties for breaking Las Vegas coercion law depend on whether the defendant allegedly used physical force or threatened the immediate use of physical force. If there was none, then it’s just a misdemeanor, carrying up to six months in jail and/or up to a $1,000 fine. But if there was force or the threat thereof, coercion’s a category B felony, punishable by one to six years imprisonment and maybe a $5,000 fine as well.

Las Vegas Police are looking for leads in the November assault on sixty-year-old homeless man Paul Schmidt. Police believe he was attempting to stop people from breaking Las Vegas graffiti law when the beating and robbery occurred. Schmidt remains in a coma at UMC.

The penalties for breaking Las Vegas graffiti law vary depending on the damage. If the damage is valued at less than $250, then it’s a misdemeanor, carrying up to six months in jail, 100 hours of community service and a $400 fine. If the damage ranges from $250 to up to $5000, then it’s a gross misdemeanor, carrying up to one year in jail, 200 hours of community service and between $750 and $1000 in fines. Beyond that, using graffiti in prohibited areas is chargeable as a class E felony, carrying up to four years in state prison.

Parents of minors convicted of breaking Las Vegas graffiti law are expected to pay any fines that the court impose or, in the alternative, perform community service. Furthermore, these minors may have their license suspended for six months to two years.

Rachel Jessee, who starred in “Scarlett and her Seductive Ladies of Magic” at the Riviera, was arrested on a misdemeanor count of breaking Las Vegas domestic battery law. The twenty-one year old allegedly assaulted her sixty-seven year old boyfriend two weeks ago. The police report states that she grabbed him by the ear after an argument and punched him in his right eye.

Las Vegas domestic battery law defines domestic violence as the infliction of a battery, assault, coercion, sexual assault or course of harassment on a spouse, parent, roommate or romantic partners (past or present). Many people are falsely accused of domestic battery by vengeful significant others, or else they’re in fact the victims in the skirmish and acted only in self-defense. Non-citizens charged with DV have to be careful to choose a lawyer familiar with immigration law because it’s a deportable offense.

Continue reading "Las Vegas Magic Show Star Charged with DV" »

Las Vegas deputy fire chief Richard Gracia has been charged last week with two counts of breaking Nevada domestic battery law. He allegedly grabbed his wife’s wrist and shoved his teenage daughter into a hallway wall. He’s been placed on administrative leave.

Nevada domestic battery law comprises assaults, batteries, or harassment cases between spouses, romantic partners, roommates, or family members. A first or second offense is a misdemeanor, carrying up to six months in jail, domestic violence counseling, community service and fines. A third offense is a category C felony, punishable by up to five years in Nevada State prison. Immigrants and other non-citizens may be deported for domestic violence convictions.

Continue reading "Las Vegas Fire Chief Charged with Domestic Battery" »

A couple in Carson City was arrested last week after they allegedly locked a five-year old boy and a three-year old boy in a boarded-up bedroom for an extended period. The five-year old had black eyes and the three-year old had an infected wound on his face. The boys are now in protective custody.

The couple was charged with felony child abuse with substantial bodily harm, false imprisonment, and with breaking Nevada child neglect, abuse and endangerment laws (NRS 200.508). Child abuse occurs when a person causes someone under eighteen to endure unjustifiable physical or mental pain.

Continue reading "Carson City Couple Arrested for Child Abuse" »

Last week police arrested nineteen-year-old Matthew Andrews for sexual assault in Las Vegas after he allegedly molested children at his mother's day care facility. Currently, Andrews is charged with the sexual assault in Las Vegas of three children. Police are now asking all parents who left their children there to question them to see if they were possible victims.

Holly Andrews, the mother of the suspect, has not been charged at this time. Police claim there's currently no indication that she knew of her son's alleged behavior.

Police are also urging all parents who use day care facilities to take precautions, such as dropping in unexpectedly once in a while to see what's going on there as well as to talk to their children about what they do there.

On Monday morning, police arrested Reno resident Shawn Newman for child abuse and battery in Nevada after allegedly belting his son and then a bystander who tried to intervene. Newman had been walking his son to school when the argument started. Once he allegedly struck the bystander, who fought back, neighbors called authorities and managed to separate the two until the Reno police arrived.

According to police, both the son and bystander suffered injuries, though they are minor. Newman was booked in the Washoe County Jail on $4,115.00 bail.

Battery in Nevada without a deadly weapon and with no substantial bodily injury is a misdemeanor, carrying a $1,000 fine and up to six months in jail. The judge may impose community service instead.

The Jaycee Lee Dugard kidnapping case has prompted parole officers in Nevada to search the backyards of the sex offenders under their supervision. In addition, they’re also checking satellite images of their residences on Google Earth. In an effort to crack down on sex crimes in Nevada, Governor Jim Gibbons said he wants to make sure "that our officers are checking things they may have bypassed in the past."

According to a legislative audit released last year, the Nevada Division of Parole and Probation (http://dps.nv.gov/npp/index.shtml) isn’t always meeting their standards: Thirty-one percent of the time, parole officers neglected to meet their twice-monthly requirement to visit sex offenders. And nearly fifty percent of the time, parole officers didn’t take the required DNA samples from the sex offenders. Since, then, however, these problems have reportedly been addressed.

Continue reading "Dugard Case Prompts NV Parole Officers to Check Sex Offenders' Backyards" »

On Tuesday, Bill Beeson, a former drama teacher from Virginia City High School, accepted a plea of guilty to solicitation of a minor to engage in acts constituting a crime against nature (NRS 201.195). In addition, he will register as a sex offender.

NRS 201.195 is a gross misdemeanor, so Beeson faces a $2,000 fine and up to one year in jail. He’s scheduled for sentencing on October 16 in Storey County Court.

In the spring of 2007, a student accused Beeson of inappropriately touching him, at which point he was placed on administrative leave. Meanwhile, other former students accused Beeson of sexual assault in Nevada, and Beeson was eventually arrested. In October 2008, Beeson pled to felony sexual assault in Nevada and gross misdemeanor unlawful contact with a child for the 2007 incident. The reason for this week’s plea was to stop prosecutors from charging Beeson with crimes stemming from other former students’ accusations.

Recently four men have been arrested and booked in Las Vegas for pimping a 15-year-old girl. They face charges of living off the earnings of a prostitute and first-degree kidnapping in Las Vegas, the latter of which may carry a life sentence.

The suspects, who are all under twenty-two years old, are members of or associated with the LA-based gang “Blythe Street.” They’re accused of keeping a 15-year-old girl locked in a room at an Extended Stay Motel and forcing her to have sex with Johns. Allegedly they struck her in the face with a gun when she tried to leave and even played “Russian Roulette” on her with a gun.

Details of the alleged kidnapping in Las Vegas are still unclear, but the girl was apparently locked up for several weeks. The situation wasn’t discovered by authorities until a motel patron, whom one of the suspects tried to solicit the girl to, called the police.

Last Monday California businessman Kirk Vartanian appeared in Las Vegas Justice Court on charges of theft and unpaid casino markers. In 2007, he allegedly passed a total of $250,000 in bad checks at two Las Vegas casinos—the Venetian and the Wynn.

Under the current deal with prosecutors, Vartanian must pay $3,771 a month for the next four years. He’s already repaid $60,000 and, according to reports, an additional $9,000 before that. Once the full amount is repaid, the case will be dismissed.

Judge Nancy Oesterle scheduled a status check hearing in January at Las Vegas Justice Court, though Vartanian won’t be required to attend.

Vartanian has also been charged with assault and domestic violence in California.

Las Vegas Metro reports that the crime index total has dropped more than twenty-five percent from last year. This takes into account crimes such as thefts, robberies, burglaries, and aggravated assaults in Las Vegas. Unfortunately, though, sexual assault in Las Vegas has risen slightly.

For the overall positive report card, Metro credits community involvement and “good old-fashioned police work.” Metro is hopeful that the numbers for sexual assault in Las Vegas will follow suit and decrease soon. As Deputy Chief Gary Schofield explained, "One victim of a rape is one too many. One victim of a homicide is one too many. But we have made significant strides to make this a safer place to live.”

If you live in or around Las Vegas, you can search for crimes that have recently been confirmed in your neighborhood at Las Vegas Metro’s CrimeView website.

Back in May, Governor Jim Gibbons signed into law Assembly Bill 164, which significantly increases punishment for domestic violence battery in Las Vegas that involves strangulation. Prior to this law, a first offense for battery DV with strangulation was just a misdemeanor with a maximum six months in jail, but it’s now a felony, carrying up to ten years in state prison and a $15,000 fine.

Since AB 164 took effect on July 1 of this year, Las Vegas Metro has arrested nearly a person a day for battery domestic violence in Las Vegas with strangulation. According to some reports, it’s ten times more probable that a person will kill his partner if he’s already attempted to strangle the partner in the past.

Las Vegas typically has 20,000 DV cases a year, and a third of all homicides stem from domestic violence. Las Vegas Metro reports that more than sixty percent of attempted murders were accomplished by strangulation. Furthermore, fifteen percent of all DV homicides within Metro’s jurisdiction were done by strangulation between partners.

At this time, only ten or so other states have laws related specifically to strangulation.

O.J. Simpson, who’s currently serving out his prison sentence for kidnapping, robbery and assault, has recently asked the Nevada Supreme Court to grant him release on bail while he seeks an appeal. On August 3rd, a three-justice panel in Las Vegas will preside over a bail hearing to hear Simpson’s arguments.

A bail hearing is where the defendant goes before the court to ask for an O.R. release (own recognizance) or a reduction in their bail amount. In determining whether to grant release, the judges then consider whether the defendant either:

1. poses a flight risk, and/or


2. presents a danger to the community or himself.

Predictably, defendants are more likely to be granted Las Vegas bail release if they have no history of violent behavior, no other criminal record, and sturdy community ties in Nevada. (Las Vegas bail rules usually permit for the bail money to be ultimately returned to the defendant, even after a guilty verdict.)

Continue reading "O.J. Simpson Requests Nevada Bail Hearing Pending Appeal" »

A few weeks ago, Nevada Governor Jim Gibbons signed into law Nevada Senate Bill 14, which helps fund domestic violence programs by adding a $5 fee to state marriage licenses and official copies of marriage certificates. That means in Clark County, marriage licenses now cost $60.

Battery, which includes deliberate acts such as punching, pushing or poisoning, is considered “domestic violence” when it occurs between two people related by blood, marriage or guardianship (as well as roommates).

A first or second conviction for battery domestic violence in Nevada is a misdemeanor, carrying up to 6 months in jail, a $1,000 fine and weekly DV counseling sessions. A third conviction of battery domestic violence in Nevada is a felony, carrying up to five years imprisonment and a $10,000 fine.

It’s predicted that Nevada Senate Bill 14 will generate over a million and a half dollars a year for programs aimed at reducing domestic violence in Nevada.

Last week, former Hard Rock Hotel employee Sara Ure won a $250,000 judgment against NBA star Dennis Rodman after he neglected to respond to a lawsuit for tortious assault and battery in Nevada. According to papers filed, in 2006 Ms. Ure was working as a beverage manager in the hotel when Rodman grabbed her, forced her to dance with him, rubbed his body against hers, and slapped her backside.

Although it seems Rodman was never arrested for this incident, Rodman’s alleged behaviors arguably fit the definition of Nevada criminal battery (NRS 200.481), which is the unlawful use of force on someone’s body, as well as the definition of Nevada criminal assault (NRS 200.471), which is putting another in reasonable fear of immediate bodily harm. “If Rodman were arrested for this incident,” according to Nevada criminal defense attorney Mike Becker, “he might have been able to raise some good criminal defenses to assault and battery in Nevada:”

First of all, Rodman could have tried to argue the intent defense for battery in Nevada—that he lacked any purpose to use unlawful force on Mrs. Ure's body. He also could have attempted to argue that merely dancing suggestively with Mrs. Ure does not meet Nevada’s assault definition of putting someone in "reasonable apprehension of immediate bodily harm." In addition, Rodman might even have tried to pull the Nevada consent defense for assault and battery—that he believed Mrs. Ure gave every indication that she wanted to dance with him, or that it was “common practice” for hotel beverage managers to dance with guests.

That Mrs. Ure sustained no bodily injuries in this incident is irrelevant in judging criminal guilt for assault and battery in Clark County. Certainly, a Clark County criminal judge may impose increased penalties for assault and battery in Las Vegas if serious bodily injuries are sustained. But since Ms. Ure’s only alleged injuries were “embarrassment, humiliation and anxiety,” Rodman probably would have received only the minimum Nevada punishment for assault and battery had he been found criminally liable. (A sentence for assault or battery in Las Vegas with no deadly weapon and no severe bodily injury is that of just a misdemeanor, penalized by up to six months in jail and/or $1,000 OR community service in lieu of jail and fines.)