Four Instances that can turn a First-Time Domestic Battery Charge into a Felony

 

As far as convictions go, a first-time domestic battery charge isn’t too bad. On top of just a short jail stay, the fines are relatively cheap, and the other obligations aren’t too heavy. All in all, a defendant can go through their sentence without much trouble.

Remember that things can easily come to a head in such cases, however. A little bit of evidence or a surprise testimony can easily transform the charge into a more serious one, making it more difficult for the defendant to get a dismissal or not-guilty verdict. Let’s look at 4 cases that can turn a first domestic battery charge into a felony.

Strangulation

Domestic battery cases often involve the use of bare hands and/or feet to inflict physical pain on a victim. The damage is fairly visible at first glance and can lead to a conviction if a sure link to the defendant can be determined. However, if neck damage due to strangulation is confirmed, the battery case is automatically escalated to a felony charge. Strangulation may involve bare hands or any device that can be wrapped around the neck, like rope.

Use of a Deadly Weapon

A battery remains a battery if the offender only used a part of their body to inflict injuries on the victim. However, if they use an item that puts the victim at risk of death, the first offense automatically escalates to a felony. Examples of deadly weapons include knives, heavy blunt objects, or guns.

Substantial Bodily Harm

Battery cases are still considered misdemeanors if the victim sustained relatively light injuries. That is, the injuries did not interfere with their everyday functions. However, if the victim actually suffered enough that their body was temporarily or permanently prevented from functioning normally, that constitutes a count of substantial bodily harm. Such situations automatically merit a felony charge for the defendant.

Previous Domestic Violence Convictions

Some felony charges come into effect automatically when the defendant is a repeat offender. In the case of a domestic battery charge, the defendant must have had at least two prior convictions for related charges in the past. This only comes into effect if the previous verdicts were handed down within the past seven years.

Felony domestic battery charges can be difficult to defend against, but they can be overcome. Get in touch with a veteran domestic violence lawyer in Las Vegas to represent you.

What Happens During a Car Inventory Search?

 

So the Las Vegas police impounded your car for one legal reason or another. Reasons may vary from something as simple as illegal parking to something severe like reckless driving. Your vehicle will be towed to the nearest impound lot and will remain there until the case is resolved.

The thing is, your vehicle doesn’t just stay put in the impound lot. As standard procedure, police officers will conduct a vehicle search in your car to see what items are left inside. This procedure is known as a car inventory search, and is conducted for every vehicle that gets impounded.

What is a Car Inventory Search?

A car inventory search is a process where law enforcers search through your car to identify all items left within it at the time of impounding. The police will thoroughly sift through your vehicle, cataloging every item they see. This will include items stored in the glove compartment, seat pockets, trunk, and any other auxiliary storage space.

Law enforcement conducts inventory searches for at least two reasons:

• The police are entrusted with protecting the vehicle owner’s property while it is in their custody

• The police can use the comprehensive inventory against possible claims of lost or stolen property when the owner recovers their car

• The police is looking for possible hidden dangers within the vehicle, such as hidden explosives or unregistered firearms

Is Consent Needed for It?

Police officers need neither the owner’s consent nor a search warrant granted by the presiding judge to conduct an inventory search. They also do not need probable cause to search the vehicle. As an inventory search is part of standard police procedure, it does not need any prerequisite documents.

Can the Driver Do Anything About It?

As stated in the previous section, the driver does not have a say about the police conducting an inventory search. The driver can only hope that the inventory search can protect whatever items they have left behind in the car before it was impounded.

However, the driver can complain if the items cataloged somehow end up being used as evidenced against them in a related charge. The driver’s defense attorney can allege that the inventory search was conducted without following legal procedures. They can also claim that the inventory search was actually intended to search for incriminating evidence in the first place.

Car inventory searches are standard protocol for impounded vehicles, but some officials may take it a step too far without the owner’s consent. Ask your lawyer about how to protect you from the adverse effects of a car inventory search.

Who Writes Your Presentence Investigation Report in Las Vegas?

 

The pre-sentencing process is an important interlude between the conviction and the actual application of penalties for a defendant. It is during this period that the presentence investigation report is conducted. The presentence investigation determines what level of penalties are appropriate for a defendant’s crime, based on important information gathered from the defendant and/or their associates.

Such an important document can only be handled by important individuals within the justice system. As a matter of course, the presentence process is handled by officials from Nevada Parole and Probation, a division of the state’s Department of Public Safety. Let’s look at the people who are involved in writing a presentence investigation report in Las Vegas.

Probation Officers

Probation officers are expected to lead in compiling a PSI report as they will interact with the convicted individual on a regular basis. They are thoroughly trained to gather the information efficiently and comprehensively so that nothing is overlooked. Usually, the officer handling the report also becomes a defendant’s assigned probation officer after the sentence is carried out.

Mental Health Specialists

Maintaining a defendant’s mental well-being is still important even when they are serving time. As such, mental health professionals are assigned to interview the defendant and determine if they are mentally prepared (or mentally sane) enough for the possible penalties that befit the crime they were charged with. They can also add suggestions in the report about how to handle a defendant’s mental and emotional state throughout the post-sentencing. Psychiatrists may furnish a medical regimen to ensure that the defendant remains mentally fit, while psychologists can suggest psychotherapy sessions with the defendant.

Medical Professionals

 Medical professionals investigate a defendant’s medical status and background to determine whether or not they are physically prepared to handle the penalties that they’ll be sentenced with. They may conduct health tests that cover different aspects of the body, like weight, blood pressure, medical history and diet, among others. They can also determine if the defendant will need unique add-ons like changed eating habits, unique exercise routines, or a possible transfer to a more accommodating detention facility if the current one disagrees with their physical well-being.

Family and Marriage Therapists

These individuals can conduct a more intensive investigation into the defendant’s personal relationships. They may look into family history, possible divorces and separations, and child support dues that the defendant may have. They may also interview the victims and determine the emotional effect that the crime has had on their family.

These are just four types of professionals that are directly involved with writing a presentence report. Others may be called in depending on the circumstances of your charge and conviction. Consult your defense attorney for more information.

What's the Difference Between Aggravating and Mitigating Factors in a Case?

 

If you’ve read transcripts of court proceedings or watched courtroom dramas, you might have heard the terms ‘aggravating factor’ and ‘mitigating factor’. They appear quite often in more serious criminal hearings, like sexual assault and murder cases.

These terms aren’t just legalese written in records for their own sake. They can affect the severity of a crime and a person’s guilt, and can lead to harsher or lighter punishments, depending on which is more plausible. Let’s look at the differences between Aggravating and Mitigating Factors in a case.

What’s Aggravating?

Aggravating factors increase the severity of a crime and a defendant’s guilt. An increasing number of these kinds of factors can elevate a charge from a lower classification to a higher one up the chain automatically. A confirmed link to the defendant could make it more difficult to have the charges dismissed.

Aggravating factors vary in level and severity depending on the case. They can be as simple as confirmed premeditation for the crime to the intentional use of deadly weapons and force. Other factors can also be taken into account, like an increased risk of re-offending, a previous criminal record, and the defendant’s current mental condition.

What’s Mitigating?

On the opposite end, mitigating factors intend to reduce the severity of a defendant's crime. A greater number of mitigating factors can lessen the impact of the charge and open the defendant to lesser penalties.

Much like aggravating factors, mitigating factors can vary in level depending on the charge. At worst, they can reduce your sentence; at best, they give you a chance to achieve a dismissal even for the worst crimes. Such factors may include the defendant’s background, circumstances out of the defendant’s control, or the defendant’s admission of guilt.

How They Interact

Both factors can affect the outcome of any criminal hearing significantly. As stated earlier, aggravating factors increase the severity of a crime, while mitigating factors reduce it. A defendant must always aim to have more mitigating factors to avoid the worst penalties and/or get a dismissal.

One must remember that Nevada courts must find enough aggravating factors before they can elevate a person’s sentence. Multiple mitigators can invalidate the effect of one heavy aggravating factor, protecting the defendant from the worst convictions. However, there are instances where the aggravating factor is so serious that no number of mitigating factors can reduce its effect.

Factors affecting your charge can spell the difference between a dismissal and a direct transfer to death row. Ask your legal counsel about how to handle these features in your case.

Why Getting Your Nevada Driving License Revoked is Worse than a Suspension

 

In a typical driving-related case, one of the most common penalties is to have your license suspended for a period of time. When the case is more severe, however, the DMV can have the defendant’s license revoked.

Some people may not understand the gravity of a license revocation. They may think that it’s basically just a suspension under a different name; however, it has worse consequences. Let’s see a few reasons why getting your driving license revoked in Nevada is worse than a suspension.

License Void

The way suspensions work is that you can expect to get it lifted later (although you will have to file paperwork to do so). While the suspension period may increase, you can still keep your own license at the end of it all.

In contrast, a revoked license is permanently rendered null and void. It loses all validity, thereby depriving you of the freedom to operate a motor vehicle in Nevada. You will have to go through the full application process again if you wish to regain a driving license. In addition, there is a cooldown period that you will have to let pass before you can re-apply; its length is affected by the severity of the crime committed.

Additional Provisions

Getting a new license after your old one can be more grueling when the DMV requires that you submit other related documents on top of the usual application forms. For example, they may require you to file an SR-22 insurance form to prove that you are capable of paying off any financial liabilities that may arise from future driving accidents.

On top of that, the DMV may require additional provisions before they grant you a new license. For example, you may be required to install a breath interlock device in your vehicle temporarily or permanently as a condition for keeping your license. Such situations are common in Nevada because many revoked licenses here are due to drunk driving-related incidents.

Refresher Course

As stated earlier, a driver with a revoked license will be required to apply for a new one after the prescribed period is complete. If the driver’s license has been revoked for at least a year before they re-apply, they may need to undergo certain tests before they can proceed. Some of these tests may include:

• Vision tests

• Written examination regarding road rules and safety

• Driving skill tests to determine whether or not you are still fit to drive

Other tests may be added as the situation demands. Note that the applicant may have to pay for some of these tests.

A revoked driving license can be a worse hassle than a simple suspension, both before and after the revocation period has passed. Avoid the extra hassle with the help of a competent driving crimes defense lawyer in Nevada.

Incarceration for Trans-Women in Nevada

 

Nevada’s prison system has set placements for all-male and all-female detainee populations. The state’s correctional facilities for women are on par with those for their male counterparts. Apart from a similar level of security and a greater number of female prison staff, detainees also have access to women-only services, like healthcare and pregnancy support.

But what about inmates who do not identify with either demographic? How does Nevada’s prison system handle the needs of, say, trans-women? Let’s take a closer look.

The Selection Process

A future detainee cannot be listed as a trans-woman on a claim alone. This usually needs to be determined through a physical and mental examination. The exams can be handled prior to or immediately after arriving at a prison facility.

 Even then, confirming their trans-woman status does not automatically merit a transfer to a different detention center. That decision falls to a non-conforming gender review committee assigned to the case by the Nevada Department of Corrections. The NGRC reviews the inmate’s situation and determines whether or not they should be moved. The situation progresses on a case-by-case basis, and the committee has the right to deny a transfer if they find any discrepancies.

What Trans-Women Get as Prisoners

Trans-women can be allowed to transfer to an all-women’s facility if the committee approves. Like regular female prisoners, trans-women detainees can also wear female prison wear, as well as female prisoner underwear. They also have direct access to women-only hygiene facilities.

In some cases, however, some compromises will be made to keep all prisoners comfortable. For example, a trans-woman detainee may be required to shower separately from other detainees (especially if they are kept in an all-male prison) or moved to a single-person cell.

Trans-Woman Detainee Health

Because of their unique circumstances, trans-woman detainees need a specialized medical program to be able to stay healthy inside prison. A medical provider will create a management plan to support the detainee’s physical and mental health. This specialized medical program often involves:

• regular hormone therapy

• psychotherapy

• regular mental checkups

• physical checks

• Annual visit from a provider to review their program

Nevada aims to accommodate the needs of its prisoners no matter what background or sexual orientation they may have. Consult your defense lawyer to learn more about what other prisoners you are afforded to you as a detainee in Nevada.

Four Benefits of Getting a Pardon in Las Vegas

 A pardon is a legally-binding declaration that absolves a convicted individual of a crime they committed against the state of Nevada. It is handed down by the state’s Pardon Board, a committee that includes the Governor, the Attorney-General, and the Justices of the Supreme Court. With a pardon, a convicted person is automatically freed from prison and can begin the slow process of recovering their life prior to their incarceration.

This legal process offers a number of benefits that can affect a formerly-convicted individual either immediately or in the long run. Let’s look at four benefits of getting a pardon in Las Vegas.

Regaining Your Rights

Criminal Convictions invalidate most civil rights that a person may have. These include the right to vote, to serve in a jury, to hold public office, to gain employment, and to own a firearm, among other things. A pardon allows the defendant to regain some of these rights lost, rebuilding a semblance of their pre-conviction life. Not all effects are instantaneous, however; the right to hold public office only returns at least four years after the pardon, for instance. 

Not all pardoned individuals can recover these rights immediately, however. Those facing category A felonies (or category B felonies that involved force and harm) or those who committed multiple felonies may have to appeal to the court that sentenced them with the crime. Pardoning also does not preclude sexual offenders from requiring to register.

Returning Job Opportunities

As stated in the previous section, conviction removes a person’s right to get a job. Convictions can affect everyone from entry-level laborers to high-end executives. A pardon allows the defendant to seek employment once again. Employers may require a person to attach a photocopy of their pardon orders to their application documents before being hired.

There are instances where a pardon does not equal an immediate return to being good to hire. Potential employers may mark off a pardoned individual if their moral character is still not up to snuff after the pardon. Certain professional boards may also deny the reinstatement of a person’s professional license after getting a pardon.

Witness Rights

A person with a prior criminal conviction is often a liability as a witness. The opposing lawyer may attack a person’s previous sentences to discredit their viability as a defense or prosecution witness, for example. A pardon invalidates any attempts to use their conviction to invalidate their witness testimony in a court of law. Note that this is also on a case-by-case basis; a court may throw out a pardoned person’s testimony depending on the circumstances.

Relief for Immigrants

Serious criminal offenses are oftentimes legal grounds to deport an immigrant. If the crime does not involve extradition to the immigrant’s home country, they can be sent back before or after their sentence is complete. Receiving a pardon gives the offending immigrant a better chance to avoid deportation and stay in the country. Note that it says ‘a chance to avoid deportation’; a pardon does not mean the immigrant will not be thrown out for other circumstances related to the crime. For example, the crime may reveal that the immigrant poses a domestic danger to the community even after they have been pardoned.

A legal pardon opens a lot of opportunities for a formerly-convicted individual to go back to their former lives. However, they also have their own drawbacks that may have to be addressed by other means.