Tuesday, May 28, 2019

Intent on Battery Domestic Violence Cases

When a Las Vegas citizen is facing a battery domestic violence case, clear intent is required to convict him or her. A lot of instances of unintentional physical harm can be caused by accidents, if you believe this is how it is for your case, better get the help of a Las Vegas domestic battery lawyer to help you. Nevertheless, here are further information about the subject matter.

What is battery domestic violence?

Domestic violence consists of different elements of abuse that can be done to a person. One of the most common types of domestic abuse is battery or hitting, punching, kicking and even doing tricks to cause physical pain to a person. When you are found guilty of domestic violence carried out through battery for the first time, you could face misdemeanor charges. Now, if the offense was done for the third time in seven years, a category C felony which carries one to five years in prison, shall be imposed on you. Depending on how your domestic battery lawyer will plead your case, there is a chance that your charges will be reduced.

What is intent?

Intent is the motivation behind such actions of a person. Battery domestic violence cases require intent to be justified and the intent should be of malice or in a nature that is meant to harm a person through unwanted physical contact. However, even if there is no harm that befell a person, just the resolve to commit the act is enough to criminalize the defendant.

Having said that, the perpetrator of battery cannot be sentenced if there is no intent. You can cite this as a defense once in court. For example, at home you were swinging your arms for an exercise routine and you hit your wife in accident as she suddenly appeared. This cannot be used for your conviction as you have no way of knowing that your wife will turn up in time for the specific movement.

On the other hand, there are situations caused by negligence that could be considered as intent and be used to add to fuel your undesired criminal sentence. An example, you fail to return sharp objects scattered around the house after a construction project and your children get some cuts after stumbling on them. While you do not have any intention to harm your kids, you have the right mind to know that it can result to an accident, in one way or another.

There were at least 33 homicides in a domestic setting in Las Vegas last 2015 and we all know that these victims died due to battery. If you do not want to be a part of these staggering statistics, know that you can defend yourself with your domestic battery lawyer to come render innocent of the crimes. Intent is a powerful factor in battery domestic violence cases and if it is not ill in temperament or does not exist at all, you have a chance for acquittal.

Tuesday, May 21, 2019

Why Your Nevada DUI Record Sealing Request was Denied

For a person dealing with a Nevada DUI record (especially those affected by a third DUI conviction), record-sealing is a surefire way to help get their life back on track. Unless their criminal record is sealed, they will have a difficult time getting a job, applying for school or a bank account, or most importantly, reinstating their driving license. Record Sealing allows these individuals to remove the record from their personal file, enabling them to return to their normal life (although higher law enforcement still has access to it for future cases).

Unfortunately, there are many ways why your Nevada DUI record sealing request can be denied. A number of the most common reasons are listed below.

  • The statutory length of time was not satisfied (NRS 245)
  • There are other pending cases that have not been resolved
  • For a former member of the armed forces, you have a Dishonorable Discharge on your record
  • You were convicted of severe crimes like child abuse or sexual assault, and/or you are a registered sex offender
  • Your petition was incomplete (either brought about by missing documents or other past cases were not included in the petition)

Keeping an eye out on possible hurdles to your record sealing petition is a must if you do not want to waste all your effort for nothing. Consult with a Las Vegas attorney to get a better idea of how to conduct a record sealing petition properly.

Tuesday, May 7, 2019

What Happens to Embezzled Property in Nevada

Embezzlement as defined by the Nevada Revised Statutes (NRS) is a type of theft crimewhere the thief steals money or properties of the company for their own good. Common examples are siphoning money from the cash register or surreptitiously taking goods from storage to be brought home later. There are also less prominent acts of embezzlement like deliberately defaulting on car rental dues.
Embezzlement comes with its prerequisite penalties for the convicted, including jail time and some severe fines. However, once and all is said done, one question reminds: What happens to embezzled property in Nevada?
  • First and foremost, the property is seized by law enforcement as evidence during the embezzlement hearing. It will remain in the possession of the courts until the legal proceedings are complete.
  • The owner of the embezzled property is notified through appropriate channels regarding the discovery of their possessions. They are also notified if the accused related to the case has been convicted, plans to prosecute fall through, and/or the case is dropped.
  • The embezzled property is delivered to the owner by a peace officer. Usually the transfer is facilitated by the payment of appropriate court fees to release these objects to the original owner.
  • Failure to claim the embezzled money or property within six months will mean the turnover to the county treasurer or sheriff of the metropolitan police where they will be put up for auction, be given to charity, or ultimately be destroyed if they are deemed illegal or harmful.
Embezzlement is a serious economic crime that has serious implications on both the convicted and the victim. Consult with a Las Vegas defense attorney if you wish to know more about this crime and how to avoid being accused of it.