Las Vegas Criminal Defense Blog

Last week the Nevada Supreme Court delivered an important advance opinion clarifying how courts should deliberate double jeopardy claims. This ruling stems from a district court case where the jury acquitted the defendant on lewdness with a minor but deadlocked on the related charge of the Nevada crime with sexual assault. Las Vegas Defense Group, which represents the defendant, persuaded the Nevada Supreme Court that the district court abused its discretion when deliberating whether the defendant was a victim of double jeopardy.

The Nevada crime of sexual assault (rape) occurs when someone has sexual penetration with someone else against his/her will or when he/she is too incapacitated to legally consent. The most common defenses to this crime are that the victim consented or that there's insufficient evidence to prove the rape charge. People suspected unwanted sexual touching that falls short of rape may instead be charged with the Nevada crime of open and gross lewdness.

Continue reading "Nevada Supreme Court Sides with Las Vegas Defense Group in Sex Assault Case" »

Last week, a 34-year-old physician was arrested for allegedly committing the Nevada crime of sexual assault on a 68-year-old patient in a North Las Vegas hospital. The physician also faces a charge of open and gross lewdness. After posting bail, the doctor was released from jail.

The Nevada crime of sexual assault (rape) occurs when someone has sexual penetration with another against his/her will. It's also considered rape if the victim isn't in the position to consent (such as by being asleep or under the influence of drugs or alcohol). The primary defense to rape charges is that the victim consented to the sex.

Continue reading "Doctor Arrested for Sexual Assault in North Las Vegas" »

Last week a former Las Vegas Wrangler and National Hockey League player pleaded guilty to attempting the Nevada crime of sexual assault and attempting the Nevada crime of lewdness with a child. He's alleged to have molested a young girl throughout a four-year time span. He will be sentenced on January 30th, where he faces up to forty years in prison.

The Nevada crime of sexual assault (rape) is when someone commits sexual penetration with another against the victim's will or while the victim isn't able to freely consent (such as while being unconscious or drunk). Common defenses to rape include false allegations or that the victim did indeed consent. People accused of unlawfully touching someone sexually without penetration would instead be charged with open or gross lewdness.

Continue reading "Former Las Vegas Wrangler Takes Plea to Attempted Rape" »

Last week a twenty-four year old man was arrested for allegedly committing the Nevada crime of sexual assault on a thirteen year old girl. He reportedly kidnapped the girl and raped her at gunpoint. The victim also claimed that the man threatened to murder her family.

The Nevada crime of sexual assault ("rape") occurs when someone has sexual penetration with someone else without his/her consent. This includes non-consensual intercourse, oral sex, anal sex, digital penetration, or sexual penetration with an object. Non-consensual sexual touching that doesn't include penetration is charged not as sexual assault but rather open or gross lewdness.

Common defenses for the Nevada crime of sexual assault include false allegations, mistaken identity, or that the victim consented. Penalties depend upon the victim's age, whether the rape resulted in substantial injury, and whether the suspect had previous rape convictions. The most severe penalty is life in prison without the possibility of parole.

For more on this story, go to: http://www.8newsnow.com/story/19210219/man-arrested-in-sexual-assault-of-girl

To learn more about Nevada rape laws, watch our informational video:

Last week authorities arrested a North Las Vegas man for allegedly holding himself out as a doctor and sexually assaulting patients under sedation. Among the reported victims are a fifty-year-old woman, a twenty-seven year old woman, and a five-year-old boy. Police claim that the crimes all transpired in the suspect's residence in North Las Vegas.

The Nevada crime of sexual assault Nevada crime of sexual assault (or "rape") is when someone has sex with someone else against that person's will or when that person doesn't have the capacity to consent. Sexual assault includes not only forced sexual intercourse but also any type of forced sexual act that involves penetration. Common defenses to this crime are false allegations, lack of proof, or that the person consented.

The base punishment for the Nevada crime of sexual assault is life in prison. Whether the defendant gets the possibility of parole and for how long depends on the victim's age, the suspect's criminal history, and whether the incident resulted in substantial bodily harm. Depending on the case, some rape charges may be pleaded down to battery or open or gross lewdness.

For more on this story go to: http://www.lvrj.com/news/man-accused-of-posing-as-doctor-then-sedating-sexual-assaulting-victims-140180693.html

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

Last week mixed martial artist fighter Michael "Iron Mike" Whitehead began serving a one to four year prison sentence for allegedly violating Nevada sexual assault laws. He was convicted of attempting to sexually assault a woman at his Las Vegas home nearly two years ago. He also will have to register a a sex offender for the rest of his life. Whitehead had entered an Alford Plea, where he didn't admit guilt but acknowledged that the prosecutors would be able to prove the charges.

Nevada sexual assault laws defines rape as sexual penetration without consent. A person may also be convicted of rape if the victim was asleep or too intoxicated to give consent. Typical defenses to this charge include that the victim consented or that the sex act involved no penetration.

Penalties for violating Nevada sexual assault laws are almost as harsh as for murder. A first offense can carry life without parole if the victim sustained substantial bodily harm. Otherwise, it's life with the possibility of parole after ten years.

For more on this story go to: http://www.lvrj.com/news/mma-s-iron-mike-gets-prison-in-vegas-sex-case-137710303.html

To learn more about Nevada sexual assault laws, 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 month a thirty-three year old Sparks man was arrested for the Nevada crime of sexual assault with a victim under 14. He's also charged with Lewdness with a child under 14. The arrest occurred after the alleged victim reported him to the authorities. He was booked in Reno with a bail set at $60,000.

The Nevada crime of sexual assault occurs when someone has sex with another against his/her will or when that person is too incapacitated to understand what is happening. Sexual assault comprises not just forced intercourse, but also any other forced sexual penetration. Common defenses to this crime include insufficient evidence, consent, or false allegations.

The Nevada crime of sexual assault is a category A felony. The penalty may include life in prison with or without the possibility of parole. The younger the victim, the harsher the penalty becomes.

To learn more about this story go to:
http://www.kolotv.com/home/headlines/Sparks_Man_Arrested_for_Sexual_Assault_of_a_Child_Under_14_130367663.html

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

The former bailiff for former Clark County District Court Judge Elizabeth Halverson has pleaded guilty to violating lewdness with a minor law in Nevada. He was arrested back in February after allegedly assaulting a young teenage girl sexually. He will be sentenced on June 2 and is currently being held at the Clark County Detention Center on $170,000 bail.

According to the police report, the former bailiff sexually abused the girl while his mom and ex-fiancee talked with the victim’s mother outside of her house. The responding officer reported that the victim’s underwear appeared bloodstained. She reportedly told the police that he assaulted her.

Lewdness with a minor law in Nevada makes it a crime to commit any lewd or lascivious act upon a child under fourteen with the intent of receiving or giving sexual gratification. The touching does not have to be on a sex organ as long as it’s committed with sexual intent. The standard sentence for violating lewdness with a minor law in Nevada is life in prison.

Read more about this story at http://www.lvrj.com/news/former-bailiff-enters-guilty-plea-89558002.html.

A former bailiff of former Clark County District Judge Elizabeth Halverson was arrested on Valentine’s Day on charges of breaking Nevada sexual assault law and lewdness with a minor law. North Las Vegas police were called to a residence on reports that the former bailiff allegedly assaulted a fourteen-year-old. The victim is said to be the daughter of the former bailiff’s friend.

The former bailiff was a witness in the infamous recent case that contributed to Judge Halverson’s ousting. The former bailiff accused her of performing services well beyond the call of duty, including picking lint off her judicial robe with scotch tape and slipping on her shoes. Halverson denied any wrongdoing and claimed the former bailiff would insist on helping her with her shoes.

Nevada sexual assault law (rape) makes it a crime to force another person to have sex. If bodily harm results and the victim is a child of age 14 or 15, the penalties for breaking Nevada sexual assault law include life without the possibility of parole. If no substantial bodily harm results, penalties include life with the possibility of parole after twenty-five years. However, if the suspect was previously convicted of a sexual offense, the sentence will be life without parole.

Read the whole story here: http://www.lvrj.com/news/breaking_news/Man-arrested-in-sexual-assault-in-North-Las-Vegas-84354872.html