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.

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.

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.

How to Handle an Identity Theft in Nevada

Today's interconnected world has made it easier for people to connect with friends or transact with businesses. It has also made it easier to commit crimes of varying scales, from simple identity theft to more high-risk acts like large-scale digital robbery worth billions of dollars. While few criminals can pull off a movie-like billion-dollar online heist without being caught, many more are willing to steal the identities of other people to make the job easier. It is a major problem in Nevada, where identity theft cases can be linked to smaller-scale fraud and robbery incidents throughout the state.

Anybody can be a victim of identity theft, from ordinary individuals to the more vulnerable senior citizens. Below are a few steps on how to handle an identity theft in Nevada.

• Get in touch with any establishment where your identity information has been registered. The most common case would be calling your bank and requesting them to freeze all of your digital assets to avoid or minimize the loss of cash.
• Double-check all related materials for any suspicious activity from the period when they were lost. It can also give a hint of where the thief has been in some cases, such as transaction histories with shops or restaurants.
• Employ a fraud alert for credit reports.
• Send a report to both local and federal trade officials regarding the theft. It might be connected to other identity theft cases in the area.
• Above all, don't forget to update your passwords to help thwart present or future incursions.
• Additionally, sign up for Nevada's Identity Theft Program which offers victims the option to clear any crimes committed using their credentials.

 For the most part, identity theft can be preventable. Make sure that you always have your important cards on your sight or somewhere very secure and also be wary of swiping them anywhere, especially on suspicious businesses or other establishments.

Five Common Internet Sex Crimes in Las Vegas

Rapid advancements in technology has made it easier for unscrupulous individuals to commit crimes while minimizing the chances of being apprehended and properly charged. One of these many crimes in the age of the internet are sex crimes. Thanks to technology, criminals can now create or obtain obscene material on people, without anybody else noticing until the material has been disseminated.

Here are five common internet sex crimes in Las Vegas that you should be wary of.

1. Sexting is not illegal per se, as long as parties involved are of legal age and are consensual about it. It only veers into criminal territory if minors are involved; either minors' images are shared without the subjects' knowledge, lewd images are sent to a minor, or the minors themselves are engaging in sexual play or proliferating their own lewd images online.
2. Sextortion is one of the most common internet sex crimes and involves the use of obscene material obtained illicitly from a person to coerce the victim to provide some sort of compensation or favor. This may involve something as simple as cash, or as serious as sexual favors.
3. Sex trafficking is one of the darkest forms of internet sex crimes to date. It is virtually similar to traditional sex trafficking; however, as the information and transactions can be made online, it can reach a wider audience and can potentially achieve a global scale, with an even larger number of victims. Victims are also often obtained by baiting them through online interactions.
4. Child pornography involves creating, owning, and/or sharing pornographic material that involves people below the age of consent.
5. Sexual solicitations involves one party offering their sexual services to others online, for a fee. It may be legal in certain jurisdictions, but it is a punishable offense in Nevada, and Las Vegas in particular.

Defending Against a Federal Arson Charge

Any criminal defense attorney will note that federal crimes can be tough charges to fight against, especially when the crime involves high-valued property. In this regard, defending against a federal arson charge can be one of the most difficult, with the defendant accused of setting fire to important government offices, protected land, or military installations and hardware.

 When facing a federal arson charge, it is best to know where you stand so you can determine what kind of defense you will go with. Typically, the defense falls under any of the following default statements:

• The fire was accidental and spread too quickly, even with prompt intervention on the part of the accused. For example, a bonfire accidentally left behind by campers overnight starts spreading to the surrounding woodland despite attempts by the campers to contain the conflagration.
• The accused was under the effect of an intoxicating substance at the time that the alleged crime took place. In other words, the accused was not in control of their actions and thoughts during the alleged incident and thus went a little overboard.
• An insanity plea may be entered, but only as a last resort. The defense may argue that the accused was not in the right frame of mind when the arson took place and only committed the act out of strong emotional distress.
• If a conviction cannot be entirely avoided, the defendant can argue that the arson was conducted without the express intent of hurting other people. The aim of this defense is not an acquittal, but rather, a reduction in the sentence to avoid worse penalties.

What Involves a Drug Paraphernalia Possession Charge in Nevada

Aside from drug possession charges, you can also be booked for owning and using the devices needed to create, propagate, or consume them. This is called possession of drug paraphernalia in Las Vegas. Drug possession cases are rife in Nevada and it is almost always a given that paraphernalia possession charges are also listed. What involves a drug paraphernalia possession charge in Nevada is not entirely complicated, but it helps to know the details involved so that you will know how to defend yourself if you ever are accused of such a crime in Las Vegas.

• State laws define drug paraphernalia as equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance.
• It does not matter if you do not have drugs on hand when arrested, as long as you have the paraphernalia in your possession.
• Conviction for possession of drug paraphernalia is affected by other factors, including
  • statement by the owner/s or previous user/s of the item/s
  • prior convictions of the owner or user
  • proximity of the object to the person of interest
  • presence of residue of any controlled substance on the object
  • direct or circumstantial evidence regarding the owner's/user's intent
  • manner in which the object was displayed
  • expert testimony concerning its use

There are other factors regarding possession of drug paraphernalia that require further discussion. Talk to a reputable Las Vegas criminal defense lawyer to learn more.