Monday, December 15, 2014

Domestic Violence: The Different Examples of Indirect Domestic Violence

attorney ross goodman

Did you know that a person can be charged with domestic violence even without physical contact? According to Nevada Revised Statute, domestic violence can still occur on emotional and verbal levels of abuse and other indirect non-physical actions. Using threats, profanities or actions with the intention to intimidate or control another person is also a form of “Domestic Violence.”

Listed below are some examples of Indirect Domestic Violence:

  • Verbal Threats – these are threats that are meant to limit the other person from doing his or her daily routine, or to imply fear. I.E. threatening to hurt the children if the person does not comply with the rules, threat to destroy property, threat to physically hurt the person and so forth.
  • Name calling – Calling the partner with offensive names can get a person charged with domestic violence.
  • Limiting access to basic needs – this situation usually happen if the offender is the primary source of income of the household. The offender can limit the budget to food, clothing, allowance, medication or utilities expense. Examples are hiding the car keys, disconnecting the internet wi-fi intentionally etc..
  • Insults or ridicules – an insult that is meant to emotionally hurt the person is a form of domestic violence.
  • Monitoring phone calls, letters, mails, social media accounts, etc – this is an act of stalking. Stalking is considered as a form of domestic violence.
  • Forcing the partner to make biased decisions – examples are choosing between friends and the partner, choosing between the side of the partner or the family, choosing where to stay, etc.
  • Lying or making-up stories in order to manipulate the partner, or to make confusion.
The examples listed above can get a person charged with domestic violence. If you are charged with domestic violence. Contact a prominent Las Vegas Domestic Violence lawyer to defend your case. Attorney Ross Goodman has defended numerous cases of Domestic Violence. He will analyse, review and formulate a defense strategy for your case. Contact Goodman Law Group using the details below:

Goodman Law Group, P.C.
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088

Fax: (702) 385 – 5088

Tuesday, December 9, 2014

Domestic Violence An In-depth Explanation Part 2: Battery vs Assault

Goodman Law Group, P.C.
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088



Let us discuss now the difference between Domestic Battery and Assault.

Domestic battery occurs when there is a “physical” contact between the offender and the victim. Direct contact is not necessarily for battery such as throwing of vase with the intention to harm the other person. Assault is similar to battery but without physical contact. It is any intentional act that implies fear of physical harm to another person. Pointing a gun to the other person is a good example.

Domestic battery and assault have different penalties. It is an advantage to know their difference.

Here are examples that compares Domestic Violence Battery and Assault:

Example
Battery
Assault
Throwing a vase to another person If it hits the person. If it misses.
Using and pointing a “realistic”toy gun

Can be classified as an assault.
Punching, kicking, slapping, pushing If there is a direct contact. If they miss.
Intentional spitting

It can be classified as “simple assault”.
Pointing a knife, attempting to stab a person If the other person was stabbed. It is classified as battery with deadly weapon Classified as an assault.
Cocking of fist and backed-up by statements that you are going to punch the person.

Classified as an assault.


Penalties

Domestic Battery

  • Without the use of deadly weapon with NO substantial bodily harm – Misdemeanor. Punishable by imprisonment of not more than 6 months, or fines of not more than $1,000, or community service in lieu of imprisonment time.
  • Without the use of deadly weapon but with substantial bodily harm, or strangulation – Category C Felony. Punishable by imprisonment of not more than 5 years, or fines not exceeding $10,000.
  • With use of deadly weapon with NO substantial bodily harm – Category B Felony. Imprisonment of not more than 10 years, or fines of not more than $10,000.
  • Committed by a probationer, or with use of deadly weapon but with substantial bodily harm – Category B Felony. Punishable by imprisonment between 2 to 15 years, or fines of $10,000.
  • With the intent to kill – Category B Felony. Imprisonment between 2 to 20 years.
  • With the intent to commit sexual assault and with substantial bodily harm – Category A Felony. Life imprisonment with possibility of parole after 10 years ( Depending on the judge's decision), plus fines of $10,000.
  • With the intent to commit sexual assault on children 15 years and below with NO substantial bodily harm – Category A Felony. Punishable by imprisonment of 5 years up to life imprisonment with the possibility of parole, and fines of $10,000.


Domestic Assault

  • Without the use of deadly weapon – Misdemeanor. Imprisonment of not more than 6 months, or a $1,000 fine, or community service in lieu of jail time.
  • With the use of deadly weapon – Category B Felony. Punishable of imprisonment between 1 to 6 years, plus/or fines of $5,000.


If you are charged with domestic battery or assault, it is better to contact a Las Vegas domestic violence lawyer for legal consultations. Attorney Ross Goodman is here to help you. He has decades of experience defending domestic violence cases. He can reduce or dismiss the charges against you. Contact Attorney Ross Goodman at (702) 383 – 5088 for a free consultation.


Monday, December 8, 2014

Domestic Violence An In-depth Explanation Part 1 : Definition

Goodman Law Group, P.C.
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088


Domestic Violence is one of the most recurring cases in Nevada. Nevada Network Against Domestic Violence (NNADV), reported that there were over 38,000 victims of Domestic Violence in Nevada for this year. And that value represents only the reported cases. If you know someone who is a victim or charged with domestic violence, it is of utmost importance that they hire the best LasVegas criminal defense attorney

. Attorney Ross C Goodman, will handle your domestic violence case with care as domestic violence can be extremely complex and sensitive. Hiring a good lawyer will be beneficial and advantageous in the long-run.

This article will be divided into several parts. The goal of the article is to explain domestic violence in layman terms.

Nevada Revised Statutes Definition

Domestic Violence occurs when a person commits a violent acts against another person in the same household. It can be against any person that is related by blood such as children, spouse and parents, or other person that the subject is having dating relationship with. The term “dating relationship” pertains to frequent intimate sexual or affection involvement with another person. It does not include casual relationships such as relationship with friends, co-worker, classmates and so forth.

Here is the list of violent acts according to our NRS:

  • Battery – this means the use of unlawful force against other person.
  • Assault – this is the unlawful attempt to use force against another person; or intentionally placing another person in harm.
    •  Battery vs Assault Assault is only an “attempt” to use force against another person. It can be a punch that missed, a kick that missed, or any attempt to intentionally harm a person. Battery means that the action to harm the person has been done.
  • Threatening another person
  • Sexual Assault
  • Intentional or reckless harassment – NRS defines harassment as “to cause physical damage to the property, to hinder or cause negative impact on the daily routine of the person, to do any act that harms the physical and mental health of the person and to cause fear to another person.” These actions includes:
    • Arson – defined in NRS as “to have set fire to a building, structure or any property of another person.” It can be done by the person or an accomplice. It has certain degrees attached to it.
      • First Degree Arson – burning of an occupied or un-occupied personal property.
      • Second Degree Arson – burning of an “abandoned” building that is owned by the person.
      • Third Degree Arson – Burning of unoccupied property that has a value of $25 or more, property owned by the person that has legal interest, or crops, trees, grass, vegetation, or other flammable materials that the person owns.
      • Fourth Degree Arson - is an attempt to set fire to the properties mentioned above. Fourth degree arson includes people who aided in the attempt.
    • Trespassing - this is defined in the NRS as “any person who goes upon the land or into any building of another person with the intention to annoy or cause distress or wilfully goes to the land or building of another person after being warned by the owner not to trespass”
    • Stalking – an action that causes another person to feel frightened, terrorized, harassed, or fearful for their safety is classified as stalking.
    • Larceny – Intentionally stealing, taking, carrying, driving or leading away of another person's property.
    • Destruction of property – intentionally breaking other person's properties such as vases, electronics, windows, etc.
    • Injuring or killing another person's animal.
    • Carrying a concealed weapon without a permit.




This article serves as a user-friendly guide. The definition and acts that constitute domestic violence is based on our Nevada Revised Statutes. Examples of Battery, Assault, Stalking, Larceny will be discussed on the next part of the article. If you have further questions or inquiries regarding domestic violence. You may contact Goodman Law Group at (702) 383 – 5088 for free consultation.

Tuesday, December 2, 2014

Las Vegas DUI Information Center: DUI Terms and their Definition

Goodman Law Group, P.C.
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

DUI is one of the common charges in Las Vegas. Those who are charged with DUI are given a period of time to find a reputable lawyer to defend their case. People use this time to browse the internet and gather information. If you are charged with DUI, it is important that you contact the best Las Vegas DUI Lawyer to help you with the case. Ross Goodman has been defending DUI charges in Las Vegas for many years. Contact him now at (702) 383 – 5088 for free consultation.

The list below are the definition of commonly used words regarding DUI:

Alcohol concentration of 0.02, 0.04 or 0.08 – A concentration of alcohol that is measured through the person's breath or blood. The number is the concentration of alcohol per 100 milliliters in blood or per 210 liters of breath, measured in grams.

Blood Test – This test is done by taking a sample of blood from the blood vessel in your arm. The test is done on one of the approved testing sites in Las Vegas.

Breath Test – This test requires the person to exhale on the breath testing machine. The test is done twice, firstly, at the place of arrest and secondly, at the police station.

Conditional License – This is a license given for completing one of the requirements set by the court, usually after completing a DUI course. It allows the person to drive a vehicle again even with his official license suspended.


Controlled Substances and Prohibited substances – These are the substances that are not allowed to be consumed by the general public. Unless the person has been issued a valid prescription. The list includes:

  • Amphetamine
  • Cocaine
  • Heroin
  • Lysergenic Acid Diethylamid (LSD)
  • Methamphetamine
  • Phencyclidine

DMV Hearings – are hearings that concerns the revocation of the accused's license. They are similar to a bench trial. The lawyers present their cases directly to a judge. It is normally held in a small room under an administrative judge. The hearings are open to the public.

DUI with substantial bodily harm – these are DUI charges that involves an injury. It has a minimum sentence of 2 years and a fine of not less than $2,000.

DUI school – If you have been convicted of DUI for the first time. The court will require you to enroll in one of the many DUI schools. The number of hours that you need to stay in the program will be decided by the court. Here is a quick list of approved DUI schools in Las Vegas:

ABC Therapy
730 N Eastern 130
Las Vegas NV 89101
(702) 598-2020

Academy of Human Development
235 N Eastern Ave 105 & 109
Las Vegas NV 89101

(702) 759-0050
ahdlv.org

Aztec DUI and Traffic Safety School

1130 E Desert Inn 2nd Floor
Las Vegas NV 89109

(702) 868-7851
aztecduiandtrafficsafetyschool.com

City Of Las Vegas First Offender DUI Program

200 Lewis Ave
Las Vegas NV 89155

(702) 229-6557

Clark County Court Education Program
200 Lewis Ave
212 Las Vegas NV 89155

(702) 671-3280
clarkcountycourts.us

Counseling Action Project

3111 Valley View A218
Las Vegas, NV 89102

(702) 386-7933

Giron Driving School

302 N Maryland Pkwy #2
Las Vegas NV 89101

(702) 382-6227

Mesa Family Counseling

1000 S Third St F
Las Vegas NV 89101

(702) 383-6001

Nevada Driving Schools

2235 Renaissance Dr #E
Las Vegas NV 89119

(702) 463-4600
nvds1.com

New Beginnings Counseling Center

3376 S Eastern Avenue Suite 148
Las Vegas NV 89169

(702) 538-7412
duiclasslasvegas.com

Smart Choices

914 S Valley View Blvd
Las Vegas NV 89107

(702) 308-7414
info@makeasmartchoicetoday.com

Tri State Traffic School4086 Spring Leaf Dr
Las Vegas NV 89147
(702) 271-6363


Field Sobriety Test – This is a series of tests done by the police officer to assess the physical and mental coordination of the person. Common test includes: walking in a straight line, heel-to-toe, standing on one foot, horizontal gaze nystagmus.

Intoxilyzer 5000EN – the standard issue machine that is used to test the BAC level of the person. Police stations have at least 1 to 2 of these machines available at hand.

intoxilyzer 5000EN
(image in courtesy of Washoesheriff.com)

Ignition Interlock Device – this is installed on a motor vehicle's dashboard. It requires the driver to blow into the machine. If the resulting BAC is higher than the pre-set limit, the car would not start.

Ignition Interlock Device
(Image source: http://edwardspetersen.com/wp-content/uploads/man-taking-ignition-interlock-device.jpg)

Implied Consent Law – The law that states that police are allowed to use a reasonable force to administer a DUI test.

Nevada's Per Se Law - This is the Blood Alcohol Limit(s) according to Nevada's Revised Statutes.

Open Container Law – A law that permits the police officer to arrest a person for an opened alcoholic beverages inside the car, while driving.

Vehicle Immobilization – It is done to prevent people who are convicted with DUI from driving a vehicle. It is done through the use of an ignition interlock device.


A DUI charge is a serious offense. If you or know someone who is faced with DUI charges, contact Goodman Law Group for a free legal consultation. Hire the best DUI lawyer that Las Vegas can offer, hire Ross Goodman.


Saturday, November 29, 2014

How A Las Vegas Domestic Violence Lawyer Defends The Case Part 2



We tackled the basic information gathering process of a domestic violence lawyer. In this article, we will discuss more of what the accused usually have to say. The client's testimony to the lawyer is “important” in the defending process. It serves as the baseline for a further defense strategy. Listed below are some of the most common explanations of those accused of domestic violence when charged by the Law:


1.) What happened was an accident. I meant no harm. She slipped out on her own.

The lawyer will try to look for inconsistencies in the client's statement. Inconsistencies can lead to a poor defense. The lawyer will look at the actual facts such as: is the floor slippery? Are there slippery substances on the floor such as water, oil, etc? Are there any signs of struggle? Were there reports of blood stains on the client’s clothes?

2.) The victim is lying. It was all made-up, I never did anything that he/she said.

The lawyer will try to assess the client and the victim. The lawyer will look for inconsistencies by reading the police, media, and medical reports then compares it with the client's testimony. The lawyer can also interview the witnesses and the responding officer. The lawyer will find the inconsistency in the story of the victim and analyse the case thoroughly.
Example: the victim reported that the accused tried to stab him with a “kitchen” knife (notice the word kitchen). However, based on the police report, the Kitchen knives were left untouched.


3.) It wasn't me. I was not there at the crime scene. I was out shopping, etc.

The accused must tell the lawyer his/her exact whereabouts during the time of the crime. The location, place, the exact time, people he or she talked with or met, GPS location, etc. CCTV's at the alleged location will be reviewed, witnesses will be interviewed, and any physical evidence of the defendant's presence will be checked. Physical evidence includes hairs, smartphone locations, the vehicle used, etc.


4.) Yes I did it, but it was all victim's fault.

If the accused says that it was the victim who provoked the action, then the defending lawyer will try to look for supporting evidence such as: the mental health of the victim during the time of the event. Is the victim in medication? Is the victim has anger-management issues? Is she under the influence of alcohol or drugs? Did the victim admit that it was his/her fault?. The lawyer can also review the witnesses' testimonies that can help with the case.


The defense testimonies that are written here are just a few samples of the most recurring types of testimonies of the accused when charged with domestic violence according to most lawyers. There are still many defense scenarios in a domestic violence case and a good domestic violence lawyer successfully defends the case by utilising all the information regarding the case.

Las Vegas Domestic Violence Attorney Ross Goodman has an extensive background in criminal defense that has led him to the shortlist of Top Lawyers in Las Vegas. His defense strategies are guaranteed to produce positive results. Contact him now at (702) 383 - 5088 for a free consultation. His office is located at:

Goodman Law Group, P.C.
520 S 4th St,
Las Vegas, NV 89101

Thursday, November 27, 2014

How Las Vegas Domestic Violence Attorney Defends The Case Part 1:

Goodman Law Group, P.C.
520 S 4th St,
Las Vegas, NV 89101



Las Vegas domestic violence lawyers start off looking at domestic violence cases form a standard checklist which then evolves to a more deeper strategic legal defense that the lawyer decides to action. The attorney evaluates the case by reading the police reports, by inspecting the evidence, by interviewing the witnesses and by reviewing the media reports. The attorney then makes an assessment regarding the client's status, whether there is a strong chance of defending the case, or not. In this article, we will focus on the information gathering techniques of a Las Vegas domestic violence lawyer:


  • Was the victim or defendant high or intoxicated?

If the defendant was under the influence of drugs or alcohol during the incident. The lawyer can claim that the defendant`s account of the situation cannot be taken seriously.

  • How fresh are the victim or defendant's wound, if none, what are the other signs of struggle?

Fresh wounds and signs of struggle can turn the favor against the defendant. If there are signs of injury or substantial bodily harm, the judge may impose additional penalties. The signs of struggle includes: blood or rips in clothes, scratches, etc. Substantial bodily harm are the following: burns, bruises, lacerations, broken bones, head injury, gunshot wounds, and any injury that require stitches.

  • The victim and the defendant's emotional and mental state.

The emotional state of the victim and the defendant can also be used by the domestic violence lawyer. There is a defense called the “insanity defense”. Those who are labeled as “insane” by a psychiatrist are not reliable according to the State of Nevada. The law specifically states that there should be an “intent” to do the crime. Having a mental illness prohibits the defendant to “actually” know what they are doing. There is no “intent” present. Note* insanity defense can be hard to win, it requires testimony and a written report from a certified psychiatrist.
  • What are the police reports? Are the police observation consistent with the defendant's?

The domestic violence lawyer would then get a personal copy of the police report. Police reports should be consistent with the defendant's report. The police report will be reviewed by the domestic violence lawyer. The lawyer would give legal advice based on the police report.

  • What other physical evidence are there?

The list includes: broken phones, disconnected phone lines, broken appliances, blood stains, etc. The defense lawyer would study the evidence, try and connect the details, then take an appropriate course of legal action.


Hire a Domestic Violence Lawyer


If you are charged with domestic violence. You should hire a reputable lawyer to defend yourself. Attorney Ross Goodman is an experienced domestic violence lawyer in Las Vegas. He has handled numerous cases of domestic violence with amazing results. He will review your case rigorously and offer the best legal defense possible. Get a free consultation by calling the Goodman Law Group at (702) 383 – 5088.

Wednesday, November 26, 2014

The Impact of Domestic Violence Part 2: The Family and Their Community

Goodman Law Group, P.C.
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

In our previous article, we've talked about the effects of Domestic Violence on the victim, the children and the accused. Let us now discuss the effects of Domestic Violence to the family and the community:

Family

Domestic violence has a serious effect on the whole family as well. Here are a few examples:

  • Family conflict – Families who experience domestic violence can lose the “bond” that they share. They might grow apart from each other, feel uncomfortable with each other, and can lose the “love” that they once shared. Couples usually end up in a divorce.
  • Financial constraint if both parents are working, the family income may be split in half. There is a great chance that the victim will shoulder the household expenses. If the victim's income will not be enough to support the whole family. The victim could end up borrowing money or applying for a loan. This often also leads to bankruptcy especially if the family has a lot of members.
  • Involvement of local authorities – Protection orders can have a negative effect on the family. The children may feel intimidated by the presence of the police. The family as a whole can lose their privacy.

Community

  • Bad advertisement – Any negative statistic impacts the community. If there is a high case of drug and alcohol use, the community can lose their real estate value. It can turn-away possible homeowners and investors.
  • Crime rates – Children who grew up in a violent home may suffer from many behavioral problems such as poor social development, depression, anger, and anxiety. They are prone to join gangs, groups or clubs. They can also be involved in drugs, robberies, and sexual crimes.
  • Healthcare cost – According to study, victims of domestic violence are paying 92% more on health care plans, due to frequent medications and medical consultations. The study is based on domestic violence victims vs random samples. 
  • Economic cost – Poor job performance in relation to domestic violence is costly. Companies report that costs can reach to hundreds of millions every year. Poor performance can also lead to unemployment. Unemployment can lead to lesser tax for the local government and there will be an increase in subsidy.

Domestic violence should be taken seriously. It has a great impact to the family and the community.

If you know someone who is accused of domestic violence, contact a Las Vegas Domestic Violence Lawyer. Ross Goodman has extensive experience with domestic violence cases in Las Vegas, Nevada. Call Goodman Law Group at (702) 383 – 5088 for a free consultation.