Wednesday, July 17, 2019

The 4 Degrees of Arson in Nevada

Setting a property on fire is a violation of law in Nevada. As stated in the Nevada Revised Statutes (NRS) 205.005, someone can be charged of arson when properties such as a dwelling house, a mobile home, or an abandoned building is found scorched, charred or burned and you have directly or assisted in starting the fire. Currently, there are four degrees of arson in Nevada and your case can be tagged as any of them depending on the structure and the magnitude of the damage the fire caused. Here are the four degrees of arson. 


First-degree arson

As the highest level of arson in Nevada because of the severity of the destruction it could cost, a first-degree arson is punishable by category B felony. You can be convicted of this degree of arson when you have set fire to a house presently being resided, may it be a single-family home or a mobile home, or any personal property occupied by one or more persons. Up to 15 years of jail time and a fine of at least $15,000 should await you once proven guilty.


Second-degree arson

A second-degree arson is done when you have burned or helped with the incineration of an abandoned building. This is a category B felony and shall include punishments of one to 10 years or imprisonment and a fine not more than $10,000.

This level of arson in Nevadais made to protect vacant buildings that are otherwise still owned by the government or private sectors. 


Third-degree arson

Though milder than the first two arsons when it comes to punishment, a third-degree arson still guarantees prison time that ranges from one to four years. You have committed a third-degree arson in Nevadawhen you burned any unoccupied personal property that costs $25—any timber, shrubbery, and vegetation that is not yours, and any personal property that another person has legal interest on, one example is a vehicle. One to four years of incarceration and a fine of not more than $5,000 should be imposed on you. 


Fourth-degree arson in Nevada

When you are caught maliciously attempting to burn a building or any of structures already mentioned above, it is fourth-degree arson. NRS had further stated that “placing or distributing of any inflammable, explosive or combustible material or substance, or any device in any building or property” can be considered as a fourth-degree arson. This is also a category D felony and holds the same penalties as a third-degree arson.

The punishment for arson in Nevada is scaled depending on the degree of the arson you have committed. Still, no matter the level of your offense, you can still come out unscathed with the help of a Las Vegas criminal defense attorney.

Thursday, July 11, 2019

Are there Sex Crimes Involving Domestic Battery?

Domestic violence encapsulates all types of abuse that you can think of such as battery and sexual assault. Sometimes, these kinds of maltreatment are carried out together by the perpetrator, causing the victim to suffer both physically and emotionally. Now, does committing sexual crimes during a domestic battery struggle warrant separate charges or are they all under the umbrella of domestic violence? Read this post to find out.

Sexual assault in domestic battery

Sometimes, when an abuser is committing battery such as hitting and beating, they also commit sexual assault. For example, a husband wanted sex from his wife. When she refused, the man repeatedly beat her and then forced himself on her (a.k.a. marital or spousal rape). This could count as both sexual assault and battery. However, know that they are two different entities under domestic violence and they can be an element in other similar cases. They can also be done together or be an ensuing result of one another. For instance, the female victim is injured due to forceful sexual action done by her partner that is without consent.

According to National Coalition Against Domestic Violence (NCADV), intimate partner sexual assault is likely to cause more injuries than an attack from a stranger or an acquaintance.

Charges of sex crimes in domestic battery

Currently, you cannot be charged separately with sex crimes in a domestic battery case. However, if the sexual crime was too severe and it endangered or harmed a child during its perpetration, then you can be incriminated with child abuse or with the respective punishment for the sexual crime. For example, your battery was also associated with child pornography (you pimped your own child) then you will most likely be imposed with a category A felony which means life imprisonment.

If you beat your spouse and rape him or her in the process, you are committing spousal rape which is punishable under Nevada’s rape laws. This means you can both be charged with domestic violence and spousal rape; both carrying severe punishments.

Beating a spouse or any member of a family is bad enough. Interspersing it with sex crimes makes it inhuman. If accused of these actions, know that you can defend yourself if you firmly believe in your innocence. Of course, to successfully achieve acquittal, you need to have a domestic battery lawyer at your aid.

Thursday, July 4, 2019

Fast Facts about First DUI Offense in Las Vegas

Being arrested for a DUI offense for the first time guarantees a whirlwind of emotions that leaves the arrested confused and unsure of what to do next, especially if the particular person has no experience in criminal apprehension or law in general.

To prepare yourself in case you encounter it in the future, here are some quick information about Las Vegas DUI first offense. This will ensure that you will keep your feet on the ground during the arrest and you will not do anything that will be a detrimental to your case up to the moment you finally have a DUI lawyer by your side.

What is DUI?

DUI stands for Driving Under the Influence. This is one of the worst offenses in Nevada as it causes loss of lives and resources and a reminder that drugs are prevalent in the State as ever.

A person is guilty of DUI when they fulfill the following measures:
·       He or she has a BAC (blood alcohol concentration) level of at least or more than 0.08 
·       His or her drug tests showed that he or she violated the limit set by the Drug Schedules
·       He or she refused sobriety tests or tried escaping from law enforcement

What happens after the arrest for Las Vegas DUI first offense?

Here is a rundown of what usually happens before, during, and after an arrest for first DUI offense in Nevada.
·       Police notices the driver’s erratic driving behavior or discovers alcohol or drugs in the vehicle itself
·       Police will ask driver to pull over and to perform several sobriety tests
·       Driver’s results will come out positive and you are taken under custody for booking and detention
·       DUI lawyer comes to the driver’s aid for potential interrogation and the rest of the legal procedure
·       Arraignment commences where the driver’s charges are officially advised and where it is decided if the case will go to trial or not

A first DUI offense in Nevada is a misdemeanor and consists of penalties such as:
·       Jail sentence up to six months
·       Fines of $1,000
·       Attendance to a Nevada DUI school and other Department-approved DUI programs
·       Driver’s license suspension for 90 days

What can you do?

For a Las Vegas DUI first offense, it is recommended to have a DUI lawyer immediately. Know that you hold the right to have them as decreed by the Fifth Amendment’s right to counsel.

During the entire legal process, you need to calm down, especially if you are completely guiltless of the accusations and you have one of the best criminal justice attorneys with you, you can come up with defenses to help push your claim of innocence.

If defenses do not work, you can still have means of escape such as a plea bargain and to some level, a record sealing.

A Las Vegas DUI first offense can definitely be contested. You only need to know the facts to better formulate your defenses with a DUI lawyer.

Thursday, June 27, 2019

What is Federal Drug Conspiracy in Nevada?

Conspiracy is when two or more people agree to a plot that is usually of sinister nature. This can apply to crimes, especially to drug crimes, where drug dealers can conspire to perform different violations like drug trafficking. Know that you do not have to have committed the planned crime to be charged with conspiracy, just simply agreeing to act will mean drug conspiracy while doing an overt act will entail a federal drug conspiracywhich is the charge we talk about more below.

Agreement, intent, and execution

For a drug conspiracy or general conspiracy to be proven by criminal justice attorneys, the offenders must have agreed in to doing the offense. They also must have the intent. The defendants only talking about the plot vaguely and not doing anything to show evident intention is not enough to render a drug conspiracy. For example, they must have a specific place in mind to traffic drugs or something similar. Usually, drug conspiracies also result in execution—the absolute requirement for defendants to be charged with the crime and the appropriate penalties based on the result of their execution.

A drug conspiracy becomes a federal drug conspiracywhen the defendants contrived to target the United States, its agencies, and other national bodies. For example, the defendants had conspired together to sell drugs in a federal-owned land or had travelled across state lines just to make a drug deal.

Overt act

Another move made by the defendants that could downright try them for federal drug conspiracy is the overt act. In a way, an overt act is a more concrete form of intent, meaning there is tangible or clear evidence that can be produced out of them. A particular example of an overt act is the conspiring people purchasing drug paraphernalia used for manufacture and eventual sale of illegal substances. You can consult your trusted criminal justice attorney for further information about the overt act.

Penalties of federal drug conspiracy in Nevada

The punishments the conspiring offenders will face for a federal drug conspiracyis considerably harsher than the ones found in a state drug conspiracy. According to the Section 371 of the chapter for conspiracy in the United States Code, anyone guilty of federal conspiracy “shall be fined under this title or imprisoned not more than five years, or both.” The properties of the convicted can also be seized and their financial accounts immobilized if they have done costly damages to the federal government.

If, however, the commission of the said conspiracy only resulted to misdemeanor, then what penalties are intended for misdemeanor charges should be the only consequences that must be imposed to the offenders.  

Federal drug conspiracyis a heavy violation to be convicted of. Enlist the help of criminal justice attorneys in Nevada to protect yourself from its hefty penalties!

Friday, June 21, 2019

Defenses Against Second DUI in Nevada

Another DUI (Driving Under the Influence) offense in Nevada within seven years after the first one is considered a second DUI violation. While not differing too much when it comes to penalties from the first one, a second DUI in Nevada still means a tarnish to your records and reputation. 

Carrying two DUIs is not something you should be proud of. Yes, you can seal the records after a few years but it is ultimately better to be cleared off any conviction in the first place. Go read this post to learn about the defenses that can help you avoid a second DUI conviction.

Definition of second DUI in Nevada

It is considered a second DUI in Nevadawhen you have committed the offense seven years after the first case had closed. Of course, to be arrested and charged with DUI in Nevada, you need to have had reached or went beyond a particular BAC (blood alcohol concentration level). It is 0.08 for alcohol while it varies for drugs.

When arrested for a second DUI in Nevada, there will always be a mandatory sentence that might last at least 10 days whether in jail or through a house arrest. You should also know that if your first DUI is a felony, you will automatically be indicted with a felony charge so take caution when handling this case.

Defenses you can use

Now, DUI cases, even if they are just misdemeanor cases, need to be managed along with a DUI lawyerif you want to get out of it unscathed. With this at hand, it is recommended to get a legal representation first if you have not already. 

Together with your counsel, you can do one of the basic defenses for a second DUI charge in Nevadawhich is challenging the entire procedure of your case starting from the arrest. You can cite unlawful stopping, police harassment, incoherent sobriety tests done on you, and the fact that the police does not have a probable cause of arresting you. 

Another defense is the usage of physical status at the time of the arrest. There are many factors that can increase your BAC level without you actually ingesting alcohol. If the DUI is drug-related, you can opt for the angle of unknowingly taking controlled substances or being under duress.

It might need an insurmountable amount of shreds of evidence and preparation but you can also argue that your first DUI sentence is not valid, just a reckless driving charge or is already way past of the statutes for your current case to be even considered as second DUI in Nevada.

Fighting a second DUI in Nevadais definitely a challenge as you already have the burden of the first offense on your shoulders but with the aid of strong defenses and a competent DUI lawyer it is definitely going to be more manageable.

Monday, June 17, 2019

What Happens After a Domestic Violence Arrest in Nevada

An arrest for domestic violence follows the same procedure as any other seizure of an offender, the only difference is that domestic violence can be treated with caution and, sometimes, force when the perpetrator is seemingly violent. To know what happens and what one can do after one has been arrested, continue reading. 

Capture and booking

Unless the police have a probable cause to arrest you at once because of an immediate threat, an arrest warrant is needed before an official apprehension is carried out. A warrant of arrest will be issued if there is enough reason and concrete evidences. Police can do stakeouts if there are rumors of you being abusive to your family or apply for a warrant of arrest immediately when a victim shows up in the police headquarters and directly tells about a perpetrator’s abuse. Once the alleged abuser is in their hands, he or she will be taken for booking where he she will be inspected, where his or her personal information will be taken, and where he or she will be turned over for detention.

Rights of the arrested

As per the Miranda Rights, a person under arrest is entitled to keeping his or her mouth shut during the entire arrest and eventual booking. Of course, one has the right to an attorney who should help the accused and even supply the answers to the interrogating police. If dealing with a battery charge, an accused needs a domestic battery lawyer.

As the defendant, he or she also need to watch out for certain things that can be used later such as how the police treated the accused, how they went inside his or her house, and how they took evidence of domestic violence (if possible).

Arraignment and trials

A domestic violence arrest will not instantaneously turn into a trial. An arraignment or a hearing where all the charges will be explained to the defendant shall commence before the official legal proceeding. It is also in this phase where the defendant will have to plead guilty or not guilty. If he or she goes with not guilty, the case will proceed to trial. Here, the prosecutor shall prove the defendant is indeed guilty and in return the accused will dispute the claims through the use of pieces of evidence and defense statements.

If the defendant plead guilty, he or she will follow the plea bargain that preceded the decision. For example, a defendant pleads guilty of domestic violence, the charges will be reduced from felony to misdemeanor. Note that there should be enough basis for the judge to allow reduction of charges.

If there is one thing all this information denotes, it is that an accused needs a domestic battery lawyer by his or her side. A reputable one will ensure that all the steps that one will take are lawful and helpful to the case.

Monday, June 10, 2019

The Best Defenses Against Drug Trafficking in Nevada

Drug traffickingis arguably the most serious crime out of all the drug-related offenses not just in Nevada but also in the rest of the country. This is because drug trafficking is, in a sense, a distribution of the very instrument that could cause addiction (and, eventually, other crimes) and, ultimately, death. When you are charged with drug trafficking, know that the penalties that could be brought down on you can be painful and might cost you more than what you could bear. For example, having at least 400 grams of drugs found in Schedule II is a category A felony which entails a prison term of 15 years to life-imprisonment.

To avoid this, here are some fundamental defenses that you can study with your criminal defense lawyer.

The drugs do not belong to you

Substances that are not yours cannot be used to incriminate you. Backed by strong evidences, you can state in the court that the drugs belong to other people, a friend, a family, or someone you do not know. 

For example, you were driving a vehicle crossing states where cocaine is stashed in the dashboard compartment. Your denial that the drugs is not yours and you have no knowledge of it being in the car can be justified if you do not own the car and just happened to drive it during the day for some reason.

Unlawful search and seizure

Police misconduct can be used as a defense for drug traffickingin Nevada. It is unlawful for police officers to suddenly disrupt your walking or driving using excessive force as well barging into your home without proper search warrant. This is one of the most effective defenses you can use and can benefit you greatly if utilized well.

You were under duress

Sometimes, defendants of drug traffickingviolation are well aware of what they are doing but cannot do anything to stop it because their lives or other people’s lives are at risk. One example is a person kidnapped and ordered by a group of drug traffickers to act as a drug courier. If they refuse or run away, their lives or their family’s lives will be in danger. If this is your case, you have a good chance of being acquitted. 

Entrapment

Not dissimilar to unlawful search and seizure, entrapment is when the police trick someone into committing a crime. Planting drugs in their car and then following them around to seize them on what could be an “unsuspecting” time can be considered as entrapment.

Drugs do not weigh enough

For your offense to be considered as drug trafficking, the weight of the drugs you are alleged transporting must follow what the Nevada Drug Schedule had mandated. To illustrate: you were confronted by the police and then they found drugs in your pocket. For you to be arrested for drug trafficking, the drugs you were carrying must be at least 4 grams for Schedule 1, 28 grams for Schedule II, and 400 grams for Schedule III. 

When the weight of the drugs discovered on you does not reach the decreed range then you can only be charged with drug possession which has lesser penalties compared to a drug traffickingoffense. A third offense of drug possession will only give a year of prison term but would include fines that go up to $20,000. Still, that’s considerably better than the lowest drug trafficking offense. Read the complete version of the drug Schedules and the grams needed before you could be arrested for drug trafficking for reference.

Drug traffickingcharges, in spite of its stringency, can be avoided. All you need is a solid defense and a criminal defense attorneyt hat will effectively harness all your valid arguments.