Domestic Violence an In-depth Explanation Part 4-A: Arson as Harassment

Arson can happen in a domestic setting. It is considered as a form of Harassment – either the offender forces his partner to submit to his will or his biddings. Let us deeply analyze the Arson law in Nevada.

According to NRS 205.005, the legal definition of Arson is “a person who willfully and intentionally sets fire to, burns, causes to be burned, or persons who aids, counsels, or procures the burning of any building, structure or property.”

The act of intentionally setting fire

Any person is considered to have “set fire to” if any part of a building, structure or property was scorched, charred or burned. The size and the extent of the burn was not stated. This means that even a minor burn can get a person charged with Arson.

Person who aids, counsels, or procures the burning

A person can be charged with Arson by just helping someone to facilitate the burning. These actions include: convincing someone to burn a property, giving advises what to burn, devising a plan with the main offender, providing the materials for the burning such as gasoline, explosives, lighters, etc.

Burning of any building, structure or property.

The list of properties specifically mentioned in the NRS are:

Dwelling house or other structures
Mobile homes
Any personal property that is currently occupied by one person or more.
Unoccupied property which has a value of $25 or more.
Unoccupied property owned by the offender which the victim has legal interest in. An example of this is a joint-property.
Timbers, shrubs, grasses or vegetation that are not owned by the offender.
Any Flammable materials

There are 4 degrees of Arson in Nevada. The degrees are classified depending on the property that has been burned, and the action done. Each degree has different penalties. If you know someone who is charged with Domestic Violence by Arson, tell him to hire Attorney Ross C Goodman. He has a good reputation when it comes to defending Domestic Violence cases. He can formulate the best defense strategy, may reduce the charges against the offender, or even convince the court to dismiss the Arson case. 

 First degree

This degree of Arson is done in a home – whether mobile or not, or any part of the home, and any personal property which is occupied by a person or more. Arsons that fall under this degree are charged with Category B Felony. It is punishable with imprisonment between 2 to 15 years and a fine of not more than $15,000.

Second degree

Any person who commits Arson and any of his or her accomplice on any abandoned building or structure will be charged with second degree arson. This degree also falls under Category B Felony. It is punishable with imprisonment of not less than 1 year but not more than 10 years, plus fines amounting to not more than $10,000.

Third degree

This degree of Arson is done in any unoccupied personal property that has a value of 25$ or more or unoccupied personal property of the offender which the partner has a legal interest. It involves any kind of plant and flammable material. Arsons that fall under this category are charged with Category D Felony. Category D Felony is punishable with imprisonment between 1 to 4 years plus fines of not more than $5,000.

Fourth degree

People who attempted to commit arson, or who attempted to aid, counsel or procure the burning fall under the fourth degree of arson. People who supply the offender with explosives, combustible materials or flammable materials also fall under this category. Fourth degree offenders will be charged with Category D Felony that is punishable with imprisonment of not less than 1 year but not more than 4 years and fines of not more than $5,000.

Additional Penalties

The court may order the offender to pay for the following:

Court costs
The cost of investigation and prosecution
The cost of fire-related services of the crime

Goodman Law Group

Goodman Law Group is the number one criminal defense lawyer in Las Vegas. We have extensive experience when it comes to defending crimes such as:

Domestic Violence
DUI
Assault
Drug trafficking
Casino markers and more.

We provide free legal consultations. Kindly reach us here:

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

Phone: (702) 383 – 5088

Fax: (702) 385 – 5088

Domestic Violence an In-depth Explanation Part 3: Sexual Assault

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

Phone: (702) 383 – 5088

Fax: (702) 385 – 5088

Domestic Violence may come in a form of sexual assault. According to Nevada Revised Statutes 200.366, the legal definition of Sexual Assault is “the act of forcing another person to make a sexual penetration, either on himself, herself or to another person, against the will of the victim, or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct.”

Let us thoroughly discuss the law. Domestic Violence by Sexual Assault is:

·         Forcing your partner for sex. Against the will of the victim.

Any act that forces the other person to submit into a sexual act constitutes as Domestic Violence by Sexual Assault. The law did not specify whether the act should be physical or not. Since there are no specifications, we can conclude that the law covers “all” actions. Some examples of these acts include: forcibly undressing the person, tying the person, using threats, blackmails, etc.

·         The perpetrator knows that the victim is mentally or physically incapable of resisting.

The NRS states that “the perpetrator should know”. This means that there should be an “intention”. A possible defense for this type of case is either the offender is mentally ill or he doesn’t know what he is doing. I.E. under the influence of drugs or alcohol.

The victim is incapable of resisting if the offender is stronger than the person, there is a reward or threat involved, the victim is mentally ill, etc.

Penalties

Domestic Violence by Sexual Assault carries harsh penalties. The graveness of the penalties depends on several factors. For example: A sexual assault that resulted in an injury has harsher penalties. If you are charged with Domestic Violence by Sexual Assault, consult immediately with a domestic violence lawyer like Ross Goodman. He has extensive experience when it comes to defending Domestic Violence Charges. Here are the penalties for Domestic Violence by Sexual Assault:

• Any person who commits Domestic Violence by Sexual Assault will be charged with Category A Felony. It is punishable by life imprisonment with possible parole after serving 10 years in prison.

• If the victim suffers substantial bodily harm (Injury), the judge may punish the offender with life imprisonment with or without parole. The parole is possible after serving 15 years in prison.

•  If the victim is under 16 years old, the offender shall be charged with Category A Felony. This is punishable of life imprisonment with possible parole after serving 25 years.

• If the victim is under 16 years old and suffered substantial bodily harm, the offender shall be punished with life imprisonment without the possibility of parole.

• If the victim is under 14 years old, the offender shall be punished with life imprisonment with possible beginning when 35 years has been served.

Goodman Law Group is managed and owned by Attorney Ross C. Goodman. The firm has handled numerous criminal defense cases with positive results. Contact the firm at (702) 383 – 5088 for a free consultation.

Domestic Violence: The Different Examples of Indirect Domestic Violence

Did you know that a person can be charged with domestic violence even without physical contact? According to Nevada Revised Statute, domestic violence can still occur on emotional and verbal levels of abuse and other indirect non-physical actions. Using threats, profanities or actions with the intention to intimidate or control another person is also a form of “Domestic Violence.”

Listed below are some examples of Indirect Domestic Violence:

• Verbal Threats – these are threats that are meant to limit the other person from doing his or her daily routine, or to imply fear. I.E. threatening to hurt the children if the person does not comply with the rules, threat to destroy property, threat to physically hurt the person and so forth.

• Name calling – Calling the partner with offensive names can get a person charged with domestic violence.

• Limiting access to basic needs – this situation usually happen if the offender is the primary source of income of the household. The offender can limit the budget to food, clothing, allowance, medication or utilities expense. Examples are hiding the car keys, disconnecting the internet wi-fi intentionally etc..

• Insults or ridicules – an insult that is meant to emotionally hurt the person is a form of domestic violence.

• Monitoring phone calls, letters, mails, social media accounts, etc – this is an act of stalking. Stalking is considered as a form of domestic violence.

• Forcing the partner to make biased decisions – examples are choosing between friends and the partner, choosing between the side of the partner or the family, choosing where to stay, etc.

• Lying or making-up stories in order to manipulate the partner, or to make confusion.

The examples listed above can get a person charged with domestic violence. If you are charged with domestic violence. Contact a prominent domestic abuse attorney in Las Vegas to defend your case. Attorney Ross Goodman has defended numerous cases of Domestic Violence. He will analyse, review and formulate a defense strategy for your case. Contact Goodman Law Group using the details below:

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

Phone: (702) 383 – 5088

Fax: (702) 385 – 5088

Domestic Violence An In-depth Explanation Part 2: Battery vs Assault

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

Let us discuss now the difference between Domestic Battery and Assault.

Domestic battery occurs when there is a “physical” contact between the offender and the victim. Direct contact is not necessarily for battery such as throwing of vase with the intention to harm the other person. Assault is similar to battery but without physical contact. It is any intentional act that implies fear of physical harm to another person. Pointing a gun to the other person is a good example.

Domestic battery and assault have different penalties. It is an advantage to know their difference.

Here are examples that compares Domestic Violence Battery and Assault:

Example	Battery	Assault
Throwing a vase to another person	If it hits the person.	If it misses.
Using and pointing a “realistic”toy gun		Can be classified as an assault.
Punching, kicking, slapping, pushing	If there is a direct contact.	If they miss.
Intentional spitting		It can be classified as “simple assault”.
Pointing a knife, attempting to stab a person	If the other person was stabbed. It is classified as battery with deadly weapon	Classified as an assault.
Cocking of fist and backed-up by statements that you are going to punch the person.		Classified as an assault.

Penalties

Domestic Battery

• Without the use of deadly weapon with NO substantial bodily harm – Misdemeanor. Punishable by imprisonment of not more than 6 months, or fines of not more than $1,000, or community service in lieu of imprisonment time.

• Without the use of deadly weapon but with substantial bodily harm, or strangulation – Category C Felony. Punishable by imprisonment of not more than 5 years, or fines not exceeding $10,000.

• With use of deadly weapon with NO substantial bodily harm – Category B Felony. Imprisonment of not more than 10 years, or fines of not more than $10,000.

• Committed by a probationer, or with use of deadly weapon but with substantial bodily harm – Category B Felony. Punishable by imprisonment between 2 to 15 years, or fines of $10,000.

• With the intent to kill – Category B Felony. Imprisonment between 2 to 20 years.

• With the intent to commit sexual assault and with substantial bodily harm – Category A Felony. Life imprisonment with possibility of parole after 10 years ( Depending on the judge's decision), plus fines of $10,000.

• With the intent to commit sexual assault on children 15 years and below with NO substantial bodily harm – Category A Felony. Punishable by imprisonment of 5 years up to life imprisonment with the possibility of parole, and fines of $10,000.

Domestic Assault

• Without the use of deadly weapon – Misdemeanor. Imprisonment of not more than 6 months, or a $1,000 fine, or community service in lieu of jail time.

• With the use of deadly weapon – Category B Felony. Punishable of imprisonment between 1 to 6 years, plus/or fines of $5,000.

If you are charged with domestic battery or assault, it is better to contact a Las Vegas domestic violence lawyer for legal consultations. Attorney Ross C. Goodman is here to help you. He has decades of experience defending domestic violence cases. He can reduce or dismiss the charges against you. Contact Attorney Ross Goodman at (702) 383 – 5088 for a free consultation.

Domestic Violence An In-depth Explanation Part 1 : Definition

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

Phone: (702) 383 – 5088

Fax: (702) 385 – 5088

Domestic Violence is one of the most recurring cases in Nevada. Nevada Network Against Domestic Violence (NNADV), reported that there were over 38,000 victims of Domestic Violence in Nevada for this year. And that value represents only the reported cases. If you know someone who is a victim or charged with domestic violence, it is of utmost importance that they hire the best domestic abuse lawyer in Las Vegas. Attorney Ross C Goodman, will handle your domestic violence case with care as domestic violence can be extremely complex and sensitive. Hiring a good lawyer will be beneficial and advantageous in the long-run.

This article will be divided into several parts. The goal of the article is to explain domestic violence in layman terms.

Nevada Revised Statutes Definition

Domestic Violence occurs when a person commits a violent acts against another person in the same household. It can be against any person that is related by blood such as children, spouse and parents, or other person that the subject is having dating relationship with. The term “dating relationship” pertains to frequent intimate sexual or affection involvement with another person. It does not include casual relationships such as relationship with friends, co-worker, classmates and so forth.

Here is the list of violent acts according to our NRS:

• Battery – this means the use of unlawful force against other person.
• Assault – this is the unlawful attempt to use force against another person; or intentionally placing another person in harm.
•  Battery vs Assault – Assault is only an “attempt” to use force against another person. It can be a punch that missed, a kick that missed, or any attempt to intentionally harm a person. Battery means that the action to harm the person has been done.
• Threatening another person
  
• Sexual Assault
  
• Intentional or reckless harassment – NRS defines harassment as “to cause physical damage to the property, to hinder or cause negative impact on the daily routine of the person, to do any act that harms the physical and mental health of the person and to cause fear to another person.” These actions includes:
  
  • Arson – defined in NRS as “to have set fire to a building, structure or any property of another person.” It can be done by the person or an accomplice. It has certain degrees attached to it.
    
    • First Degree Arson – burning of an occupied or un-occupied personal property.
      
    • Second Degree Arson – burning of an “abandoned” building that is owned by the person.
      
    • Third Degree Arson – Burning of unoccupied property that has a value of $25 or more, property owned by the person that has legal interest, or crops, trees, grass, vegetation, or other flammable materials that the person owns.
      
    • Fourth Degree Arson - is an attempt to set fire to the properties mentioned above. Fourth degree arson includes people who aided in the attempt.
      
  • Trespassing - this is defined in the NRS as “any person who goes upon the land or into any building of another person with the intention to annoy or cause distress or wilfully goes to the land or building of another person after being warned by the owner not to trespass”
    
  • Stalking – an action that causes another person to feel frightened, terrorized, harassed, or fearful for their safety is classified as stalking.
    
  • Larceny – Intentionally stealing, taking, carrying, driving or leading away of another person's property.
    
  • Destruction of property – intentionally breaking other person's properties such as vases, electronics, windows, etc.
    
  • Injuring or killing another person's animal.
    
  • Carrying a concealed weapon without a permit.
    

This article serves as a user-friendly guide. The definition and acts that constitute domestic violence is based on our Nevada Revised Statutes. Examples of Battery, Assault, Stalking, Larceny will be discussed on the next part of the article. If you have further questions or inquiries regarding domestic violence. You may contact Goodman Law Group at (702) 383 – 5088 for free consultation.

Las Vegas DUI Information Center: DUI Terms and their Definition

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

Phone: (702) 383 – 5088

Fax: (702) 385 – 5088

DUI is one of the common charges in Las Vegas. Those who are charged with DUI are given a period of time to find a reputable lawyer to defend their case. People use this time to browse the internet and gather information. If you are charged with DUI, it is important that you contact a Las Vegas dui lawyer to help you with the case. Ross Goodman has been defending DUI charges in Las Vegas for many years. Contact him now at (702) 383 – 5088 for free consultation.

The list below are the definition of commonly used words regarding DUI:

Alcohol concentration of 0.02, 0.04 or 0.08 – A concentration of alcohol that is measured through the person's breath or blood. The number is the concentration of alcohol per 100 milliliters in blood or per 210 liters of breath, measured in grams.

Blood Test – This test is done by taking a sample of blood from the blood vessel in your arm. The test is done on one of the approved testing sites in Las Vegas.

Breath Test – This test requires the person to exhale on the breath testing machine. The test is done twice, firstly, at the place of arrest and secondly, at the police station.

Conditional License – This is a license given for completing one of the requirements set by the court, usually after completing a DUI course. It allows the person to drive a vehicle again even with his official license suspended.

Controlled Substances and Prohibited substances – These are the substances that are not allowed to be consumed by the general public. Unless the person has been issued a valid prescription. The list includes:

• Amphetamine
• Cocaine
• Heroin
• Lysergenic Acid Diethylamid (LSD)
• Methamphetamine
• Phencyclidine

DMV Hearings – are hearings that concerns the revocation of the accused's license. They are similar to a bench trial. The lawyers present their cases directly to a judge. It is normally held in a small room under an administrative judge. The hearings are open to the public.

DUI with substantial bodily harm – these are DUI charges that involves an injury. It has a minimum sentence of 2 years and a fine of not less than $2,000.

DUI school – If you have been convicted of DUI for the first time. The court will require you to enroll in one of the many DUI schools. The number of hours that you need to stay in the program will be decided by the court. Here is a quick list of approved DUI schools in Las Vegas:

ABC Therapy
730 N Eastern 130
Las Vegas NV 89101

(702) 598-2020

Academy of Human Development235 N Eastern Ave 105 & 109
Las Vegas NV 89101

(702) 759-0050
ahdlv.org

Aztec DUI and Traffic Safety School
1130 E Desert Inn 2nd Floor
Las Vegas NV 89109

(702) 868-7851
aztecduiandtrafficsafetyschool.com

City Of Las Vegas First Offender DUI Program
200 Lewis Ave
Las Vegas NV 89155

(702) 229-6557

Clark County Court Education Program200 Lewis Ave
212 Las Vegas NV 89155

(702) 671-3280
clarkcountycourts.us

Counseling Action Project
3111 Valley View A218
Las Vegas, NV 89102

(702) 386-7933

Giron Driving School
302 N Maryland Pkwy #2
Las Vegas NV 89101

(702) 382-6227

Mesa Family Counseling
1000 S Third St F
Las Vegas NV 89101

(702) 383-6001

Nevada Driving Schools
2235 Renaissance Dr #E
Las Vegas NV 89119

(702) 463-4600
nvds1.com

New Beginnings Counseling Center
3376 S Eastern Avenue Suite 148
Las Vegas NV 89169

(702) 538-7412
duiclasslasvegas.com

Smart Choices
914 S Valley View Blvd
Las Vegas NV 89107
(702) 308-7414
info@makeasmartchoicetoday.com

Tri State Traffic School4086 Spring Leaf Dr
Las Vegas NV 89147

(702) 271-6363

Field Sobriety Test – This is a series of tests done by the police officer to assess the physical and mental coordination of the person. Common test includes: walking in a straight line, heel-to-toe, standing on one foot, horizontal gaze nystagmus.

Intoxilyzer 5000EN – the standard issue machine that is used to test the BAC level of the person. Police stations have at least 1 to 2 of these machines available at hand.

(image in courtesy of Washoesheriff.com)

Ignition Interlock Device – this is installed on a motor vehicle's dashboard. It requires the driver to blow into the machine. If the resulting BAC is higher than the pre-set limit, the car would not start.

(Image source: http://edwardspetersen.com/wp-content/uploads/man-taking-ignition-interlock-device.jpg)

Implied Consent Law – The law that states that police are allowed to use a reasonable force to administer a DUI test.

Nevada's Per Se Law - This is the Blood Alcohol Limit(s) according to Nevada's Revised Statutes.

Open Container Law – A law that permits the police officer to arrest a person for an opened alcoholic beverages inside the car, while driving.

Vehicle Immobilization – It is done to prevent people who are convicted with DUI from driving a vehicle. It is done through the use of an ignition interlock device.

A DUI charge is a serious offense. If you or know someone who is faced with DUI charges, contact Goodman Law Group for a free legal consultation. Hire the best DUI lawyer that Las Vegas can offer, hire Ross Goodman.