Las Vegas Criminal Defense Blog

Last week a mother was charged with murder as well as the Nevada crime of child abuse in connection with her one-year-old son's death a year and a half ago. The mother claims to have taken her son to a UMC Quick Care prior to his death, but investigators found no record of this visit. She's currently incarcerated at the Clark County Detention Center.

The Nevada crime of child abuse occurs when someone endangers, neglects, or inflicts physical, mental or sexual abuse on a child under eighteen years old. Typical defenses to child abuse charges are that the child had an innocent accident, or that the defendant was acting in self-defense.

Another defense is that the child made up the abuse allegations in order to "get back at" the defendant, and sometimes the child will even wound themselves to back up the story.

Continue reading "Mother Charged with Murdering Her Infant in Las Vegas" »

Last week a thirty-eight year old mother was arrested for the Nevada crime of child abuse after her son severely injured himself by shooting himself in the head. According to authorities, the mother wasn't home when the ten year old shot himself. He's currently in the hospital and can't speak.

The Nevada crime of child abuse is a broad crime that encompasses physical abuse, emotional abuse, neglect, sexual abuse and exploitation, and endangerment. Evidence that the prosecution uses to try to convict the defendant includes witness testimony, physical evidence, and expert testimony concerning the children's injuries. Common defenses to this crime are false allegations, self-defense, lack of criminal intent, or accident.

Continue reading "Mother Arrested for Child Abuse in North Las Vegas after Son Shoots Himself" »

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:

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 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/

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

According to the Nevada Division of Child and Family Services, investigated cases of the Nevada crime of child abuse have been on the decline. Specifically, they fell from 14,322 in 2008 to 12,241 in 2009. This drop may have to do with extra funding to help victims of domestic violence and grants to move foster kids into permanent households.

The Nevada crime of child abuse makes it an offense to willfully cause a child to undergo physical abuse, emotional abuse, sexual abuse, neglect or endangerment. Typical defenses include corporeal punishment, accident, self-defense, or self-inflicted injuries. Child Protective Services is one of the agencies that may investigate a claim of child abuse.

Penalties for the Nevada crime of child abuse vary depending on the nature and extent of the abuse. For example, willful abuse that involved sexual exploitation of a child 13 or younger and resulted in substantial bodily or mental harm is a category A felony potentially carrying life in prison. But if the defendant merely allowed the abuse to happen and it didn't result in substantial bodily or mental harm, the charge may be just for a gross misdemeanor carrying $2,000 and/or up to a year in jail.

For more on this story, go to: http://www.lasvegassun.com/news/2010/dec/16/report-shows-decline-nevada-child-abuse-cases/

Earlier this month a woman from Elko was found guilty of violating Nevada child abuse law stemming from the 2005 death of her seven-month old daughter by starvation. She was originally convicted in 2006 but was granted a new trial. The next two trials ended in hung juries.

Nevada child abuse law makes it a crime to abuse, neglect or endanger a child. It is permissible to use reasonable corporeal punishment, but nothing excessive. Emotional abuse, such as brainwashing a child or not allowing them to go to school, is considered child abuse as well.

Common defenses to child abuse charges are accident, self-defense and lack of intent to harm. Penalties for violating Nevada child abuse law depend on whether the abuse was willful, whether substantial harm occurred, whether the harm was sexual, the child's age, and whether the accused is a repeat-offender. Charges can range from Category A felonies with a possible life sentence to gross misdemeanors with possibly no jail time at all.

For more on this story, go to: http://www.lvrj.com/news/elko-woman-found-guilty-in-starvation-death-of-infant-104231864.html

Last week a 43-year-old woman was arrested after allegedly kidnapping a 9-year-old boy who was riding his scooter on a Reno Street. After neighbors reported the boy's screaming from the woman's apartment, she was booked at the Washoe County Jail and will likely be charged with kidnapping, burglary, and violating Nevada child abuse laws. The boy is reportedly fine.

Nevada child abuse laws make it a crime to willfully cause or permit a child to undergo physical, emotional, or sexual abuse or to abandon or neglect them. Allegations of child abuse are usually investigated by Child Protective Services, who notify law enforcement if they believe abuse has occurred. A person cannot be convicted of child abuse if they did not intend to cause or let the abuse happen.

The penalties for violating Nevada child abuse laws turn on a variety of factors, including whether the abuse was willful, whether substantial harm occurred, the child's age, whether the accused is a repeat offender, and whether the harm was sexual. Depending on the facts of the case, child abuse can be punished as anything from a gross misdemeanor with up to a year in jail to a serious felony carrying life in prison. Convictions for child abuse can never be sealed from criminal records.

For more on this story, go to: http://www.rgj.com/article/20100428/NEWS01/100428031/1321/news.

Last week, Las Vegas police arrested a twenty-one-year old dad for allegedly violating Nevada child abuse law on his infant son. The three-month-old was rushed to a medical center in critical condition with injuries police say are consistent with blunt-force trauma to his abdomen and bite marks. The dad was booked into the CCDC on eight counts of breaking Nevada child abuse law with substantial bodily harm and other charges.

Nevada child abuse law makes it a crime to willfully cause or allow a child to endure unjustifiable physical pain or mental suffering. Anyone convicted of willfully abusing a child with substantial bodily injury or mental harm faces two to twenty years in prison. If the child was less than fourteen and the alleged abuse was sexual in nature, the sentence increases to life with the possibility of parole after fifteen years.

If someone is accused of willfully abusing a child without substantial or mental harm in Nevada, the possible penalties depend on if the citizen accused has any previous child abuse convictions. If so, the sentence range is two to fifteen years, but if not, the sentence may be only one to six years. In cases of neglect or endangerment, penalties may be as little as one year to as much as life depending on the age of the child, the nature of the abuse, whether substantial bodily or mental harm occurred, and whether the accused has past convictions.

Read more about this story at http://www.lvrj.com/news/father-accused-of-beating-3-month-old-boy-85145712.html

The Exchange Club of Mesquite, Nevada, which advocates for the prevention and enforcement of Nevada child abuse, neglect and endangerment laws, is holding the Mesquite Madness IX Charity Action on March 13 at Casa Blanca. Auctioneer David Pierson will orchestrate the event, and funds raised will go towards preventing child abuse and neglect.

Nevada child abuse, neglect and endangerment laws make it a crime to purposely cause or permit a child to endure unjustifiable physical pain or mental suffering. Child abuse, neglect and endangerment also includes sexual abuse, sexual exploitation, excessive corporeal punishment and lack of supervision.

Continue reading "Mesquite's Exchange Club to Hold Benefit to Prevent Child Abuse" »

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.

The National Highway Traffic Safety Administration identified Nevada as one of ten states that showed an increase in the number of fatal DUI crashes last year where the driver was a woman. Nationwide, there was a 4.6% increase in the number of females arrested for driving under the influence between 2003 and 2007.

Even though females still make up less than twenty percent of drivers arrested for DUI in Nevada, resulting accidents therefore are usually more dangerous because women drivers tend to have more passengers, such as children: NHTSA reports that thirty-five percent of all alcohol-impaired female drivers have passengers.

Continue reading "Nevada Singled Out for Increase in Fatal DUI Accidents Where Driver was Female" »

Last month in Chavez v. State, the Nevada Supreme Court clarified its position on the 2004 U.S. Supreme Court case Crawford v. Washington, which held that the Sixth Amendment confrontation clause bars “admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination.”

In Chavez, the defendant Chavez was charged with sexual assault on a minor in Nevada for allegedly having sexual relations with his daughter, D.C. D.C. had testified at the preliminary hearing, during which Chavez subjected her to extensive cross-examination. However, D.C. passed away before she could appear at Chavez’s actual trial, so the judge, in accordance with Crawford, allowed D.C.’s preliminary hearing testimony to come in as evidence.

After Chavez was convicted of sexual assault on a minor in Nevada, he appealed to the Nevada Supreme Court on several grounds, including the Sixth Amendment. In affirming the verdict, the Nevada Supreme Court explained that preliminary hearing testimony can “afford a defendant an opportunity for effective cross-examination.” However, whether the preliminary hearing actually does provide that opportunity is something the Court will determine on a case-by-case basis. In Chavez, the breadth of D.C.’s testimony and Chavez’s cross-examination and the fact discovery was nearly complete by the preliminary hearing rendered her testimony admissible in line with Crawford and the Confrontation Clause.

Alex Kopystenski has been charged with one count of felony child endangerment in Las Vegas this week after his five-year-old son Giovanni accidentally shot himself in the head with Kopystenski’s gun.

On Monday, father and son (and a friend of the father’s) drove to a Walgreens to fill a prescription. While they were at the drive-thru window, Giovanni took his father's gun, which was allegedly on the front seat's center console, and pulled the trigger. Kopystenski and his friend rushed Giovanni to Spring Valley Hospital, where he died early Tuesday morning.

Kopystenski was booked at Clark County Detention Center, where he was released on $3,000 bail. Child endangerment in Las Vegas can be a category B felony, carrying two to twenty years in state prison.