Sunday, October 19, 2014

Penalties of Battery Domestic Violence in Nevada

Domestic violence happens when people deliberately commit “battery” against their cohabitants, former or current spouse/partners, or family. Battery means any willful and unlawful use of force or violence upon the person of another. Common examples of battery are pushing, any kind of hitting, burning, poisoning, strangling or any other type of unlawful force.
The penalties of battery domestic violence in Las Vegas Nevada depends on the case that a defendant is facing.



1st Offense Penalties
A first offense of battery domestic violence within seven years includes penalties of:
·         A fine of $200 to $1,000
·         Jail imprisonment of 2 days to 6 months
·         48 to 120 hours of community service
·         A counseling about domestic violence at the defendant’s cost, for a minimum of 1 ½ hours/week (for 6 to 12 months)

2nd Offense Penalties
A second battery domestic violence within seven years includes greater penalties than the 1st offense.
·         10 days up to 6 months jail detention
·         a fine of $500 to $1,000
·         For 6 to 12 months, a required attendance to a domestic violence counseling for a minimum of 1½ hours/week paid by the defendant
·         community service of 100 to 200 hours
The first and second offense penalties are considered as misdemeanor provided that no deadly weapons, strangulation or any substantial bodily harm was involved.

3rd Offense Penalties
The third offense penalties within the seven year period fall under the category C felony in Nevada law.
·         An imprisonment of 1 to 5 years
·         Up to $10, 000 fines
If the battery case involves strangulation, substantial bodily harm, or any deadly weapon, it constitutes a felony and the defendant might face greater punishments.

Battery With Strangulation (Category C Felony)
·         one to five years jail time
·         Obligatory fine of $15, 000

Battery With Deadly Weapon but Without Substantial Bodily Harm (Category B Felony)
·         Jail detention of two to ten years
·         Obligatory fine of $10,000

Battery With No Deadly Weapon but with Substantial Bodily Harm (Category C Felony)
·         Up to five years of stay in prison
·         $10,000 obligatory fine

Battery With Deadly Weapon and Substantial Bodily Harm (Category B Felony)
·         Two to ten years jail imprisonment
·         $10, 000 mandatory fine


Note: All penalties include an administrative assessment fee of $35 

Tuesday, October 14, 2014

The Basics of ‘Obscene Performance’ in Nevada

obscene performance


A person can be accused of being involved in an obscene performance if he ‘knowingly’ participated or engaged in the portrayal, depiction or exhibition of any obscene, indecent or immoral act or performance.
                The State of Nevada considers a performance obscene if it has the following criteria:
  •        If an average person who bases his decisions on a general point of view finds that the performance under investigation attracts prurient interest; even when taken as a whole.
  •        The performance, as a whole, lacks significant artistic, political, literary or scientific value.
  •        The performance did atleast one of the following:

·         Depicted or described sexual acts – normal or perverted, actual or simulated – in an evidently offensive way.
·         Depicted or described masturbation, excretory functions, sadism or masochism undoubtedly in an offensive way.
·         Vulgarly or indecently exposed the genitals.

Penalties & Sanctions
            Obscene crimes fall under the misdemeanor category. This type is the least serious type of crimes thus it doesn’t have severe punishments. The standard penalty for such crimes is a fine worth $1,000 or less and/or up to 6 months in a county jail. The person charged with a misdemeanor crime can only plead to the court to seal his record after two years. Nevertheless, if the criminal defense lawyer is experienced, he can convince the court to dismiss the case or at least limit the punishment of the accused. Once this happens, the LasVegas criminal defense attorney can also petition the court to seal the criminal record right away.

Defenses
            There are three common ways to defend a person accused for being involved in an obscene performance:

  •        Insist that the accused did not act ‘knowingly’.

The full consent of the person who participated in an obscene performance is a requirement for this crime. Hence, if the criminal defense lawyer can prove that the person did not act according to his will, this type defense can subject the obscene case for dismissal.
  •        Insist that the show is not ‘obscene’.

The obscenity of the performance or act is hard to prove because the opinions of people vary. The act may be coined offensive even if it’s not totally immoral. If the defense attorney can stand to this, the result of the case will usually be in favor of the defendant.
  •        The performance is covered by the first amendment.

The U.S. Supreme Court declared in the first amendment that nude dancing can be considered as part of free expression. As long as there is no live sex and there are no children involved as performers or as part of the audience, chances are big that the act falls under legal grounds for obscene cases.


Are you accused of this crime? Call Ross Goodman, the most credible Las Vegas criminal defense attorney, at (702) 383 – 5088 or visit GoodmanLaw Group, P.C.

Sunday, September 28, 2014

Cybercrime or Internet Crime in Las Vegas

Involving computers, networks and remote connections, Cybercrime and Internet Crime is a criminal activity that brings about hacking, Net fraud, phishing information, stolen data, cyber vandalism, piracy and illegal pornography.

The public is open to crimes as such almost as the same as physical crimes. Although they are hard to detect and screen, Nevada is on the rise against such crimes.

Nevada gets serious about Cybercrime

Las Vegas, Nevada is getting tight about such crimes. With some of the world’s best casinos, hotels and entertainment and tourism, it brings with it the need for better banking, faster online money transactions and there is a need for security. Even an attempt is taken up as a crime and depending upon the extent of the crime, it can be classified as a felony or a misdemeanor and there are sentences that can bring the guilty to imprisonment.

In 2012, the FBI received well over 262,813 complaints of Internet Crimes of identity theft and intrusions and hacks that totaled over $782 Million which was a whopping 48% incidences than 2011.

Daniel Bogden, the U.S. Attorney of Nevada said that Nevada will be making Cybercrime a priority, after cases of Cybercrime operations found in Las Vegas, Nevada.

In the last year, the news has been flooding with cases of international hacking of national and private data. Recently there were leaked Nude images of celebrities (Jennifer Lawrence, Kate Upton, Avril Lavigne to name a few) by hackers. Earlier this year, the bank JP Chase Morgan was hacked along with a few unnamed banks.  Home Depot claimed they had over 56 Million debit and credit cards stolen making this the largest case of security hacks in the world.

Cybercrime is a crime and is not taken lightly and there are serious legal consequences if charged with Cybercrime. 

If charged, in Las Vegas, Nevada, Contact Criminal Defense Attorney Ross Goodman to seek the best possible defense. Call Goodman Law Group, P.C. - (702) 383 – 5088 or visit 520 South 4th Street Las Vegas, NV 89101

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Monday, August 4, 2014

Overcoming Fear Caused By Sexual Assault

Most victims of sexual offenses are deprived by their own selves of justice because suffering from a sexual crime results to a lot of negative effects. These can affect the victim’s way of thinking, attitude, and relationship with other people and results into fear of recalling that bad incident.
One of the most aggravating sexual crimes is sexual assault. If you become a victim of this crime or if you know someone who suffered from this offense, you need a good Las Vegas sexual assault lawyer just like the lawyers in Goodman Law Group to help you deal with the case without experiencing as much emotional pain as you experienced.
Defining Sexual Assault
A person is guilty of sexual assault if he has committed any unwanted sexual act to another person without the offended party’s consent. There are two degrees of sexual assault:  First and Second Degree.
Requirements for First Degree Sexual Assault:
  • A person is involved in a sexual act with a child victim under the age of 13 years and the offender is at least 12 years old and is at least 4 years older than the victim of the crime.
  • A person is involved in a sexual act with another person using force and the act is against the will of the other person and (1) the offender used a dangerous or deadly weapon or an item which the other person reasonably believes to be a dangerous or deadly weapon, or (2) he has caused serious personal injury upon the victim or another, by one or more other persons, or (c) if the person committed the offense assisted or encouraged by one or more other persons.
Requirements for First Degree Sexual Assault:
  • A person is involved in a sexual act by using force and is against the will of the other person
  • A person is involved in a sexual act with another person who has mental defects, who is mentally incapable, or is physically disabled, and the person performing the act knows or has an idea that the other person is mentally, or physically helpless.
Effects of Sexual Assault
There are a lot of negative effects of sexual assault to its victims. Some of these include shame, guilt, trauma, isolation, depression, engagement to vices, violence, sleep disorders, eating disorders, negative view of life, hatred of oneself, self-injury, different psychological disorders, and worse, suicide. Because most of these things can affect a lot of years or even the entire life of the victim, Goodman Law Group encourages victims of sexual assault to call for justice not only for peace of mind but also to prevent these abusive people from repeating their unlawful actions.
In this case, Goodman Law Group can help. By setting an appointment with our sexual assault lawyer, you can start letting go of one of the darkest moments of your life. Do not be afraid because we will win this fight for you.
If you want to know how we handle the cases, visit our review site and read our client reviews. Thanks for reading!

Friday, August 1, 2014

Fourth of July Shenanigans

Holidays are fun and all, especially for one of the largest and loudest days of the year, the Fourth of July. However, this also means that the police will be a lot stricter as they will be very busy and will be quick to make arrests just to manage the huge amount of calls throughout the day. While weeks has already passed at the time of this writing, anyone can still enjoy Independence Day next year without any problems by taking note of the information below.

Driving under the influence
The police will keep an eye out for people who are driving while intoxicated, so be careful when driving, particularly if you don't have any designated drivers. Alternatively, call a cab or a friend if a designated driver isn't possible, even if you know that you can still drive normally even after a couple of drinks.

Domestic violence
Aside from DUI, police have noted the increase of domestic violence calls during the holidays. These days often mean something significant to people, which results in heightened emotions for everyone involved. Because of this, the police will always take reports of domestic violence seriously.

Drugs
Police will also pay attention to reports of drug usage as well because drug traffickers and dealers see this as an opportunity because of the numerous parties and distractions throughout the day. Marijuana users, at least those who have a medical marijuana license usually don't have to worry, although some discretion is still advised when consuming them.

Fireworks
Most fireworks are still legal in Nevada, but concerned citizens will still report about them if they believe they are illegal or unsafe, so make sure to only use safe and legal fireworks, and use them appropriately.

Public disturbance
A raucous day like Independence Day will cause people to be louder and rowdier than usual, so take heed. The officers probably won't arrest anyone since most of these disturbances are minor.

If you or someone else was still arrested, please contact a Las Vegas criminal defense lawyer at once. In any case, we wish you folks had a good time this year, and all the years after that as well.

Monday, July 28, 2014

Handling Domestic Abuse Cases

Experiencing domestic violence is very traumatic, an experience that leaves a scar on the victim’s mind. Cases like this takes a long period of time before the jury makes a verdict, putting the victim in a fearful situation. The offender is still at large and may be causing paranoia over the victim, making it the attorney’s duty to help the victim cope up with the case. Lawyers working on a case on Domestic Violence must remember the following.
  • Treat the case like the rest of the cases but be extra careful when talking or interviewing the victim. Though they are given protection, they are still traumatized by their experience. Understand that they will have a hard time recalling what happened for it triggers fear and anxiety in them.
  • Take it slowly. Cases of domestic abuse takes longer time than usual because the trauma still affects the victim. Be patient when working with the victim and try to make the best out of all the details one can get, no matter how relevant they are in the case.
  • Earn the trust and confidence of the victim by being both their lawyer and friend. They need someone who won’t just listen to their experience but keep them safe as well. Most times, victims are having emotional breakdowns and it is part of the job of their attorney to provide them security both physically and emotionally. Share your life experiences and let them know that you are on their side. Lawyers who show concern are good and reliable lawyers.
  • Encourage the victim and help them use their experience to battle against cruelty. No matter how hard it is to handle the victim, an excellent attorney must be able to drive the victim’s will and turn them into a survivor who is willing to stand up and fight for their right.
  • Once all the information needed is gathered, the lawyer must begin the preparation for defense. The lawyer must then give their victim a brief of all the possibilities that may happen after the hearing. A Las Vegas domestic violence lawyer must stay with their client even after the case is resolved.
These are just some of the things that a lawyer must remember when handling Domestic Abuse cases. It will need a lot of effort, understanding and heart in order to get the victim to work with them completely. Domestic Violence in Las Vegas is taken very seriously which are why there are lots of law firms present. One must be smart in choosing the right firm because there are only a few that can give you the strategic and effective plan you need. Look for the best and have both an attorney and a friend to guide you throughout the process.

Sunday, July 27, 2014

Happy Holidays every one, I’m here to remind all of you that even if Christmas Day is looming next week to please stay safe. The holidays are always hectic, and you can still get in trouble even if you’re just shopping. Just take a look at some of the extreme cases of BlackFriday shenanigans - definitely not a nice way to start the holidays indeed.
Always keep your guard up, certain crimes like assault, burglary, theft, and general disorderly behaviour have been observed to rise during the holidays. For a fun and safe holiday for the whole family, keep these reminders in mind.

Be responsible when drinking
Festivities and alcohol might be a combination that makes sense, but it’s not if it lands you in jail. Again, do not drink and drive because it can be fatal, unless you have someone to take you home safely. The police also do not appreciate disturbances brought by alcohol, and they do not care if it’s the holidays because they’ll arrest you just the same.

Secure the house at all times
Before going to sleep every night and before leaving the house alone, make sure that all doors and windows are locked tight.

When leaving the house for a long time, get someone to watch over it for you
You don’t want your holidays to end up in a sad note when you see that your house has been broken into. Find neighbours or friends willing to watch them for you while you are away, and tell them how long you are planning to be away.

Put presents under the Christmas tree only on Christmas Day
Presents are very tempting targets to burglars, particularly gifts under the tree. That’s why it’s best to leave them empty until Christmas arrives. It’s also wise to avoid leaving presents in the car, not only will you lose those presents, but you might lose the car too.

Let there be light at Christmas time
If you’re not doing it already, lighting up your whole home can discourage robbers from entering it. Using timed switches also ensures that your light will periodically turn on even when you’re away.

Know who your visitors and callers are
The holidays are also rife with scammers. Always have some suspicion for anyone you are not expecting to visit. The same goes for callers, though it helps if you have caller ID.

Be careful when shopping online

Again, scammers take a lot of people advantage whenever the holidays arrive. Make sure that you know that your payment method (credit cards rather than debit cards) is secure and your contact is legitimate. Be very careful when giving out personal information.