Las Vegas Criminal Defense Blog

On Sunday, two men allegedly broke into a home in Henderson with intent to rob it. Someone in the house called the police, prompting the men to take off. One was caught on the street, while the other attempted to hide in another house. But this house was owned by a police officer, who was home at the time, and he shot the suspect in the leg.

A neighbor later said, "It's always been a comfort. The neighborhood knows a policeman is in the neighborhood that takes an interest in our safety here." The two suspects, who are in their late thirties, are facing charges of kidnapping, robbery, and violating the Nevada crime of coercion. No one else was hurt in the incident.

The Nevada crime of coercion (NRS 207.190) makes it unlawful for someone, with the intent of compelling another person to act or not act in a way that person doesn’t have to, to use violence or threats on that person, his/her family or property. The Nevada crime of coercion is only misdemeanor where no physical force or immediate threat of physical force is used. But if it is, coercion is charged as a category B felony, carrying up to six years in prison and maybe a fine of up to $5,000.

Read more about this story at http://www.ktnv.com/Global/story.asp?S=12140598.

Mid-February, a Reno judge ordered a seventeen-year-old boy and a sixteen-year-old boy to face criminal charges as adults in relation to burglary incidents on December 10th, 2009. They were booked on counts of kidnapping, robbery with a deadly weapon on an elderly woman, burglary, grand larceny of a car, possession of a stolen vehicle, false imprisonment, and with committing the Nevada crime of possession of stolen property.

According to reports, the boys allegedly invaded a seventy-three-year-old woman’s home at 4 a.m. and stole her car, which the police spotted one of them driving later that day. After the arrest, the police linked the boys to a burglary earlier in the night, where a TV was taken. Police also claim they used guns stolen from past burglaries and that one of the boys struck the elderly woman with a rifle.

The Nevada crime of possession of stolen property makes it unlawful for someone to knowingly possess property that they know or should have known is stolen. If the value of the property is less than $250, it may be charged as a misdemeanor and carries up to six months in jail and/or up to a $1000 fine. If the value of the property ranges from $250 up to $2,500, it may be charged as a category C felony and carries a one to five year prison sentence and maybe a $10,000 fine. And for property valuing $2,500 or more, it’s a category B felony carrying one to ten years in prison and a fine of up to $10,000. In addition, anyone convicted of the Nevada crime of possession of stolen property will be ordered to pay restitution.

Read more about this story here: http://www.rgj.com/article/20100212/NEWS18/100212031/1321/news

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.

Last week two men allegedly entered the Virgin Valley Pawn Shop, pulled a gun and sprayed one of the employees in the face with pepper spray. A second employee managed to record the suspects' license plate number before they fled the scene. Police pursued the suspects, who crashed their car and escaped on foot before eventually being caught.

Both suspects have been charged with breaking Nevada robbery law with a deadly weapon, conspiracy to commit robbery with a deadly weapon, evading police and the possession of methamphetamine. One of the men was also charged with coercion with a deadly weapon. Chief Douglas Law expressed his relief that the situation ended without violence: “We were fortunate no one was injured, especially given the circumstances surrounding the armed robbery and pursuit; I want to commend everyone who worked as a team to safely apprehend the suspects.”

Nevada robbery law makes it a felony to take the personal property from the person of another in his presence, against the person's will, and by means of force or fear of injury. (Robbery is another word for mugging.) It carries two to fifteen years in prison, though the sentence may be doubled if a deadly weapon was used in pursuance of it.

According to the FBI, violent crimes and robberies decreased in Las Vegas during the first half of 2009 compared to the first half of 2008. However, violent crimes increased around Las Vegas. For examples, instances of people breaking Nevada robbery law jumped 29 points in Henderson, 25 points in North Las Vegas, and 15 points in Reno. And in Reno, aggravated assaults increased 20 percent.

Nevada robbery law is defined as the unlawful taking of personal property from someone else using force or fear of injury. It’s a category B felony, carrying two to fifteen years imprisonment. If a deadly weapon is used, the judge may increase the sentence for Nevada robbery law up to twenty years, but the added time may not exceed the underlying sentence.

Continue reading "Robbery Crimes Increase Around Las Vegas" »

Conan Pope, who killed his abusive dad when he was fifteen, appeared before the state Pardons Board in the hopes for a pardon that would allow him to join the military. Although he served six years for breaking Nevada voluntary manslaughter law, he hasn’t been able to get a decent job due to his criminal record. Although two Nevada Supreme Court justices took his side, the Board denied his request for a pardon.

Working against Pope’s favor are his past heroin abuse as well as the Board’s determination not to send a message that it’s okay for children to kill abusive parents. Deputy District Attorney Chris Owens said, "There are other youth out there with bad parents, but they don't shoot them.”

Nevada voluntary manslaughter law concerns homicides whereby the alleged killer was seriously and highly provoked to inflict injury (by being injured him/herself) or intended only to commit serious personal injury and not death. Nevada voluntary manslaughter law makes the crime a category B felony punishable by one to ten years in state prison and maybe a $10,000 fine.

On Thursday morning, an elderly man fended off several home invaders who kicked in the front door of his house near the intersection of Rancho and Vegas. After the intruders allegedly attacked the homeowner, he grabbed his gun and shot at them. One died and the rest fled the scene.

NRS 205.067 makes it a crime to forcibly enter an inhabited dwelling without permission of the owner or occupant. It makes no difference whether or not there is someone in the house at the time of the alleged invasion.

Anyone convicted of NRS 205.067 faced a category B felony, carrying one to ten years in state prison and maybe a $10,000 fine. If the suspect has previously been convicted of NRS 205.067 or burglary, they may not be granted a suspended sentence or released on probation. And if the suspect had in his/her possession a deadly weapon at the time, the sentence range is increased from two to fifteen years.

Twenty-two year old Miguele Rubio, who was court-ordered to stay away from gangs, was taken into custody last week when law enforcement allegedly observed him near Carson City’s Lima Street Gang. Rubio is now in a Douglas County Jail awaiting his next court date.

Rubio was originally arrested in March along with Andrew Tagay, a gang member, for allegedly mugging two teens. He pled guilty to robbery in Nevada and was given a suspended sentence on the condition that he avoid all gang crimes in Nevada, including being near any gang members.

Gang crimes in Nevada are penalized harshly by the state courts, enhancing an underlying criminal sentence by one to twenty years.

Even though it’s illegal to give cell phones to inmates, a significant number of Nevada prisoners still manage to procure and use cell phones. To help combat this issue, Nevada prison chief Howard Skolnik advocates using signal-jamming technology in prisons. Skolnik explained, "We don't always know what's inside our institutions, so the best way for us is, if these unauthorized cell phones get in, to make sure they aren't functional.”

Skolnik recounts how Kenneth “Jody” Thompson, who had been doing time at the Northern Nevada Correctional Center for grand larceny and robbery in Nevada, used a smuggled cell phone to orchestrate his escape in August 2005. Thompson then proceeded to commit robbery in Nevada several more times before being recaptured.

All non-governmental radio communications is subject to Federal Communications Commission (FCC) rules. Currently, FCC permits only federal agencies to jam cell phone signals, which excludes state prison systems.