Tuesday, October 28, 2014

Defending Domestic Violence in Nevada


defending domestic violence


Defense for domestic violence case in Las Vegas,Nevada:

1. False Allegations or Self-Inflicted Injuries
Some people file a domestic violence case against their spouse or partner just to seek revenge. A few even hurt themselves physically and take pictures of their wounds and bruises to present them as “evidence” in court. If you are falsely accused because of vengeance, a domestic violence lawyer can help you prove that the other party only did self-inflicted injuries to persecute you. A credible attorney makes this possible by doing a thorough investigation and by using his expertise in defending criminal cases. 

2. Self-Defense
Has someone accused you of Domestic Violence when you were simply defending yourself?
The law in Nevada allows people to use physical harm if for self defense only. This reason is also accepted in defending a domestic violence case. However, if the person used self-defense several times already, the criminal defense will fall under the “battered person syndrome”. This type of medical condition applies to those people who have been abused for a long period of time. Because of the threat and trauma, the victim’s mind compels him to fight his abuser back. 

3. Accidents
If the domestic violence lawyer can prove that the physical harm inflicted is accidental, there is a bigger chance that the case will be dismissed. For example: A married couple had a misunderstanding that led to a straining exchange of painful words. Out of irritation, the husband walked out of their room. Without knowing that his wife followed him, the man slammed the door. Accidentally the door hit the woman’s face and broke her nose. If the woman files a domestic violence charge against her husband for that accident, the accused should be able to prove in court that he did not deliberately inflict any harm to his wife and that it was an accident.

A skilled and experienced domestic violence lawyer like Ross Goodman can help you convince the court to dismiss your battery domestic violence charges, or to at least lessen the penalties. Call Ross at (702) 383 - 5088 for consultations.                                                                                                                                                                                                                           

Sunday, October 26, 2014

Criminal Record Sealing in Nevada

Criminal records are public information. They can be easily accessed by anyone including government agencies, private companies and organizations. Criminal record sealing is a legal process done to conceal your legal charges from the database of criminal records in Nevada. All the details of the criminal proceedings will be treated as if they never happened.

Benefits of Criminal Record Sealing
                Criminal record sealing helps lessen the disadvantages of having a criminal record. This process returns your rights as a voter, your right to hold and keep an office, your right to become a panel on a jury and your right to have a clean criminal record for job opportunities. Therefore, when the person with a sealed criminal record applies for a job, he can write “no” to questions pertaining to criminal charges and convictions.

Reopening the Sealed Criminal Record
In Clark County Nevada, once sealed, the criminal information can never be reopened unless:
·         You petition the court to allow you review your own criminal record
·         You are subsequently arrested for the same violation or offense. Even if your case was dismissed before, it can still be reviewed by the latest prosecutor.
·         You were found guilty of the accusations. Prosecutors or those who are accused of the same offense may reopen your criminal record for reference.
·         An agency was given the permission by the court to inspect your criminal record for specific purposes such as issuing gaming licenses and the like.

“How can I be qualified for Criminal Record Sealing?”
                Every case is unique. If you have been acquitted, you may petition the court to seal your criminal record as soon as possible. If you were convicted of the charges, you may petition the court after a specific ‘waiting time’ and once you have been released from probation or after you have settled the fine required. The most serious felony cases require more or less 15 years of waiting time before the criminal record can be sealed. Within the said period of time, the person should not be arrested or accused of any offense except for minor traffic violations. However, even if you are eligible for criminal record sealing, the court is still “not obliged” to grant the process. It will always be on the discretion of the judge whether or not he will approve your petition.

Getting Help from a Criminal Defense Lawyer
                The good news is that a skilled and experienced LasVegas criminal attorney like Ross Goodman can help you convince the court to grant the petition. You may also consult the defense lawyer if you are unsure whether or not your case is qualified for criminal record sealing. Call Ross at (702) 383 – 5088 for consultations.

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.