Coercion on Violent Crimes in Nevada

Forcing or stopping someone from doing something through the use of threats or physical violence is coercion. Coercion is typically found among the violent crimes that perpetrate in Nevada. Know that this can be can be penalized with a misdemeanor or a felony depending on the scale of the offense.

Coercion according to the Nevada Revised Statutes (NRS)

The NRS Section 207.190 describes coercion as the use of violence to “to compel another to do or abstain from doing an act which the other person has a right to do or abstain from doing…”

Basically, coercion is two things. First, it is forcing someone to NOT do something that is within their right to do. For example, a woman wants to break off a relationship but the man is threatening to kill her and/or harm her family if she breaks up with him.

The second type of coercion is forcing someone to DO something that he or she has the right to refuse to. An example is a company head forcing an employee to submit to his sexual advancements through threats to her life or her family.

Notice that these elements can be found in the worst violent crimes in Nevada such as domestic battery, kidnapping, and can even be precursors to manslaughter or murder homicide.

Standard coercion or when no physical force was used is a misdemeanor in Nevada which should warrant up to six months in jail and a fine of $1,000.

Now, if physical force took pace and one that caused injury, a category B felony should be faced by the defendant. This consists of six years in prison and a fine of $5,000.

Using coercion as a defense

While coercion is an element in violent crimes that could convict you, it also could be your defense to avoid charges altogether. Once facing a prosecutor, you could state that you only did the violent crime because you were the first one to be coerced. For example, your spouse was threatening you verbally and even held you at knifepoint because he or she wants to do something you do not want. You just happened to fought back by using the same method.

To better understand coercion and how you can use it as a defense, get the counsel of a Las Vegas criminal defense lawyer who understands the important factors in violent crimes in Nevada.

Penalties of Violent Crimes in Nevada

The State of Nevada is riddled by violent crimes in the form of domestic violence with battery, murder homicide, manslaughter, robbery, and more. As violent crimes in Nevada are perpetrated through the use of deadly force, the corresponding punishments are grave. Once you are being indicted for them, your rights and freedom as a citizen will be threatened. Below are information about the penalties should you find yourself facing them.

Battery and Assault

Assault is attacking a person through the use of physical force such as punching, hitting, kicking, stabbing, and more. This is a violent crime that is punishable by a misdemeanor which includes six months in jail and fine up to $1,000. If a deadly weapon is involved, expect the assault to be a category B felony, which should mean one to six years of imprisonment and fine that are not more than $5,000.

When this is done inside the premises of home or towards family members, it turns into a domestic battery. This is a category C felony that could also turn into a category B felony when a weapon was used.  

Murder Homicide

Of course, killing a person constitutes some of the heaviest punishments not just for committing violent crimes in Nevada. For a first degree murder homicide (which is a planned way of killing), a life imprisonment with or without the possibility of a parole or a death sentence shall be imposed. For the second degree which is unintentional killing, 25 years or a lifetime of imprisonment with the possibility of parole should follow the accused are the penalties.

Manslaughter

Offenders of voluntary manslaughter or the “heat of passion” crime is punished by one to 10 years of incarceration. Notice that manslaughter does not have a life imprisonment punishment option. This is because voluntary manslaughter is usually carried out due to rage or the heat of the moment; these acts are never premeditated.

Rape

Rape has always been violent in nature and people found guilty of committing will face the charges of a category A felony. The type of penalties depend on the age of the victim. Nonetheless, all consequences include life imprisonment and a sex offender registration.

Kidnapping

Kidnapping is very complex when it comes to penalties that it can bring down. If the victim sustained injuries during the act, the kidnapping becomes a category A felony which should warrant life imprisonment. If the victim comes out unscathed, category B felony should be charged and this leads to life or 15 years of imprisonment with the possibility of parole after serving for five years.

Robbery

A robbery is also one of the violent crimes in Nevada that holds a category B felony. A minimum of two years and a maximum of 15 years of prison time shall ensue once charged to the accused.

It is only fitting that violent crimes in Nevada are reprimanded through harsh penalties as to serve as a reminder of their magnitude. Now, if you are currently charged with any of the crimes mentioned above and firmly believe that you are falsely accused, work with a Las Vegas criminal defense attorney to avoid the life-altering costs.

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.

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.

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

·       A 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.