What Is a Category C Felony?

Not all crimes are treated the same under Nevada law. Most people understand this, but it’s important to be aware of the very real consequences of different felony charges. If you’re accused of a crime, these distinctions could mean the difference between paying a fine and facing significant prison time.

While it’s not the most serious charge possible, being accused of a category C felony is no laughing matter. Keep reading to learn more about category C felonies in Nevada and how a Las Vegas criminal defense attorney can help if you’ve been charged with one.

What Is a Class C Felony in Nevada?

Under Nevada criminal law, crimes fall into the categories of misdemeanors and felonies. Misdemeanors are more minor crimes, with a maximum potential penalty of 364 days in jail and a fine of up to $2,000 for “gross misdemeanors.”

Nevada law designates more serious crimes are classified as felonies, and they divide into five categories. These range from category E felonies (the least serious felony category) to category A felonies, potentially punishable by life in prison or a death sentence.

Category C felonies fall directly in the middle of the scale from category E to category A, making them serious crimes but not the worst potential charges you could face.

Some examples of category C felonies under Nevada law include:

• Attempting to bribe a police officer, judge, or another public official
• Resisting a police officer while being arrested
• Battery without a weapon resulting in substantial injury
• Domestic violence committed by strangulation
• Elder abuse
• Some instances of theft and grand larceny
• Certain drug crimes
• Cyberstalking
• Certain sex crimes

What Are the Penalties for Category C Felonies in Nevada?

The penalties for Category C felonies in Nevada are substantial. According to Section 193.130 of the Nevada Revised Statutes, you could face the following penalties if you’re convicted of a category C felony:

• Between one year and five years in prison
• A fine of up to $10,000

Certain category C felonies carry additional penalties. For example, you may have to register as a sex offender if you’re convicted of a sex crime classified as a category C felony. If you’re not a permanent US resident, you could face deportation for certain category C felony convictions. Finally, any felony conviction carries many negative repercussions, such as difficulty finding a job, obtaining credit, or living in certain areas. That makes a vigorous defense for category C felony charges critical.

Charged with a Category C Felony? Contact a Nevada Criminal Defense Attorney Today

If you’re charged with any felony in Nevada, including category C felonies, speak to a criminal defense lawyer right away. The criminal defense attorneys at Adras & Altig will work to find a legal strategy that suits your situation. We might be able to have key evidence suppressed or come to a deal with the prosecution to reduce your charges. If your case goes to trial, we’ll aggressively defend your rights in court. Contact our office for a confidential consultation today.

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Does a Criminal Record Appear on a Background Check?

A Nevada background check can reveal private details about your criminal, commercial, financial, and personal history. Employers, creditors, landlords, and other organizations use the information to understand your reliability and trustworthiness better. But if you have a criminal record, the details from a background check could prevent you from getting the opportunities that would allow you to start fresh again.

Fortunately, there’s hope. You may be able to seal your Nevada criminal record.

Record sealing makes your criminal history invisible to most organizations, with limited exceptions. A clean slate can make a huge difference as you move forward in life.

The timing of when you can petition the court to seal your record depends on the nature of the crime. A Las Vegas record sealing lawyer at Adras & Altig can help determine whether the time is right for you.

Don’t wait to get started on a new future. Call or contact us today for a free consultation.

What Shows Up on a Background Check?

A comprehensive background check will disclose a broad range of information about you. This includes:

• Identity verification
• Sex offender status
• Past criminal convictions
• Driving history
• Pending arrests
• Past incarcerations
• Parole and probation history
• State and county court records
• Outstanding credit card and loan debt
• Social Security records
• Past addresses
• Marriage and divorce records
• Bankruptcy history
• Employment verification

Keep and mind that Nevada has laws in place to prevent unfair background checks. For example, state and local governments cannot ask about a job applicant’s criminal history on their initial applications. In addition, the Fair Credit Reporting Act (FCRA) requires an applicant’s consent before certain employers run background checks on them.

Nevada law used to restrict criminal background checks to the prior seven years. That’s no longer the case, so your criminal records from long ago may appear on your record. For this reason alone, it’s important to learn whether you can seal your criminal record.

Which Criminal Records Can Be Sealed?

In Nevada, you can have your records sealed for a wide range of crimes. However, the timeline for when you can start the process will be different depending on the offense:

• Category A felony: 10 years after your sentence is complete
• Category B, C, or D felony: 5 years after completing your sentence
• Class E or gross misdemeanors: 2 years after the sentence is complete
• Misdemeanor DUI: 7 years from the date of release from custody or date when you are no longer under a suspended sentence, whichever is later
• Misdemeanor Battery Domestic Violence: 7 years from the date of release from custody or date when you are no longer under a suspended sentence, whichever occurs later
• Misdemeanor battery, harassment, stalking, or temporary/extended order of protection: 2 years from the date of release from custody or date when you are no longer under a suspended sentence, whichever is later
• Lesser misdemeanor: 1 year from date of release from custody or date when you are no longer under a suspended sentence, whichever is later

Keep in mind that some records are not sealable. These include crimes against children, sexual offenses, and certain DUIs. Those will always show up on background checks.

Contact a Las Vegas Record Sealing Attorney Today

Record sealing in Nevada can clean up your background check and improve your prospects. If you have questions or want to petition the court to seal your records, call or contact Adras & Altig today.

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Can My Sealed Criminal Record Be Reopened?

In Nevada, sealing your criminal record opens doors of opportunity that might otherwise stay shut. A seal makes your record invisible on background checks. That means that when you apply for a job or a loan, your record will not show up in most cases.

It also means that you don’t have to disclose your history to a potential employer. Put simply, a record seal gives you the best possible chance to move forward in life.

As you work to leave the past behind, you may wonder whether it’s ever possible for your sealed record to be reopened. The answer is yes, but only in very rare and limited cases.

When Can a Sealed Record Be Reopened?  

Once your criminal record is sealed, Nevada law only permits it to be reopened under certain circumstances.

• If your charges were dismissed, a prosecutor could ask for the record to be reopened if you are later arrested for a similar crime.
• If you were convicted, a prosecutor or defense lawyer could petition to reopen the record if they are investigating other individuals involved in the crime.
• Certain agencies may inspect your criminal record to determine fitness for certain types of jobs or licenses.
• You can always petition the court to review your own criminal records.

Do I Have to Disclose My Criminal History If I Have a Sealed Record? 

A sealed record is a chance to start over. Nevada recognizes that people who make mistakes face limited opportunities if their criminal records are accessible to potential landlords, employers, lenders, and others.

As part of the record sealing process, you can legally deny that you have a criminal history without fear of penalty. However, keep in mind there are certain instances where that may not be the best approach.

For example, agencies that run background checks through the FBI may see sealed records if they scan for fingerprints. Similarly, the Nevada Gaming Commission and Nevada Gaming Control Board can view applicants’ records if they apply for a gaming license.

If you deny that you have a record and are discovered to have one, you haven’t broken the law. However, you may have eroded the confidence that someone previously had in your trustworthiness. To better understand who may access your sealed criminal records, you should talk to an experienced criminal defense lawyer.

Contact Our Record Sealing Attorneys Today 

Questions about getting your records sealed in Las Vegas? Reach out to a criminal defense lawyer at Adras & Altig today. We’ll help you understand your rights once your records are sealed and get you started on the path to a brighter future.

To learn more about how we can help, call or contact us now.

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Five Things You Need to Know About Battery Domestic Violence in Nevada

Have you been arrested for battery domestic violence in Nevada? Law enforcement and prosecutors take these charges seriously and will aggressively pursue them. Fortunately, an arrest never automatically guarantees a conviction. There are ways you can protect your rights. The following are five things you should know about battery domestic violence charges in Nevada:

1- You Need to Know How Nevada Defines Battery Domestic Violence

Nevada law broadly defines domestic violence as violence against another person in the context of some sort of intimate relationship. This includes violent acts to any of the following people related to the defendant:

• Spouses or ex-spouses
• Romantic partners
• A co-parent
• Anyone related to you by blood or marriage
• The minor child of any of the people identified above
• Their minor child
• The custodian or legal guardian of their minor child

Battery is defined as the crime of intentionally using force or violence against another person. It includes things like punching, kicking, choking, cutting, and throwing objects at somebody. It’s important to know that you do not have to injure someone to be convicted of battery. Strictly speaking, all you have to do is intentionally and unlawfully touch someone in an unwanted, aggressive, or violent manner.

If you’re found guilty, the potential penalties for battery domestic violence include hefty fines, time in jail, mandatory domestic violence counseling, and community service. Battery domestic violence has mandatory jail time, even for first offenses. To protect your rights and give yourself the best chance of avoiding these penalties, get help from a knowledgeable Nevada criminal defense attorney.

2- You Might Be Able to Get Your Charges Reduced

Being charged with battery domestic violence can be scary and intimidating, but there are many ways to potentially get your charges reduced or dropped. Those methods include:

• Filing a motion to suppress evidence obtained illegally
• Demonstrating that you were acting in self-defense
• Poking holes in the story from the police and the alleged victim
• Negotiating a plea agreement with prosecutors to a lesser crime with less onerous penalties, such as simple battery

3- A Conviction for Battery Domestic Violence Can Impact Your Child Custody Case

Unsurprisingly, family courts do not look fondly on parents with domestic violence convictions on their record. A domestic violence conviction may cause a judge to rule that it is in the best interests of the child not be in the custody of a parent with a battery domestic violence conviction.

4- The Victim Can’t Simply ‘Drop the Charges’ 

Under Nevada law, police are required to investigate all allegations of domestic violence and make an arrest if warranted. Once an arrest is made, it’s up to the prosecutor to decide if the case goes forward or not. Even if the victim recants and wants the case dropped, the prosecutor can ignore their wishes and press on.

5- Unlike with Other Misdemeanors, You Can Get a Jury in Most Battery Domestic Violence Cases 

The Nevada Supreme Court has ruled that criminal defendants are entitled to a jury trial in battery domestic violence cases, even if the crime is charged as a misdemeanor. This ruling makes it currently the only misdemeanor in the State of Nevada where a defendant is entitled to a jury trial.

Pro Tip – Why You Should Contact a Domestic Violence Attorney

With your freedom, your ability to see your children, and more at stake, it’s vital to get help from an experienced domestic battery violence attorney if you are facing these charges.  At Adras & Altig Attorney at Law, we have more than 40 years of combined experience helping Nevada residents who are facing serious criminal charges, including battery domestic violence charges. Our collaborative approach means you get the full benefit of our entire team when you hire one of our skilled attorneys. Get a free case evaluation by calling our Las Vegas office or visiting our contact page.

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Domestic Violence by Strangulation in Nevada

Arguments are inevitable in any close relationship. Fights that escalate to a physical confrontation are taken seriously in Nevada. Domestic violence by strangulation is a felony in the state, punishable by both prison time and fines.

If you’ve been charged with strangling a romantic partner or family member, you need a Las Vegas domestic violence attorney now. There are criminal defenses that could result in your charges being reduced or dismissed. But it’s important to act quickly to protect your life, liberty, and reputation.

Talk to a lawyer at Adras & Altig today. We have more than 40 years of combined experience successfully defending people accused of criminal offenses in Nevada. Call or visit our contact page now for a free consultation.

How Does Nevada Law Define Domestic Battery by Strangulation?

Under Nevada law, domestic violence covers a wide range of acts against a spouse or former spouse, anyone you’re related to by blood or marriage, romantic partner or ex-partner, children and grandchildren, and anyone for whom you have been appointed as their legal guardian. The law specifically mentions:

• Assault
• Battery
• Sex crimes
• Harassing behavior (e.g., stalking, trespassing, arson, destruction of private property, etc.)
• Kidnapping and false imprisonment

Strangulation is defined by a slightly different law, which describes it as “impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth” in a way that “creates a risk of death or substantial bodily harm.”

Finally, a third law says that if someone commits domestic violence using strangulation, they can be charged with a Category C felony. If the defendant also used a deadly weapon or was previously convicted of a domestic violence felony, they can be charged with a Category B felony.

What Are the Penalties?

Since domestic violence by strangulation in Nevada is a Category C felony, the penalties can be quite severe. According to section 193.190 of the Nevada Revised Statutes, the penalties for a Category C felony include between one to five years in prison and a fine of up to $10,000.

The penalties for a Category B felony for domestic violence by strangulation include between two to 15 years in prison and a fine of up to $10,000.

What Are Common Defense Strategies?

Some strategies defendants use in domestic violence by strangulation include:

• Self-defense: If your partner or a family member attacks you, you have the right to defend yourself with reasonable force.
• False accusation: In some cases, a family member or relationship partner will make a domestic violence accusation out of anger, jealousy, or a desire for revenge.
• Accidental injury: A domestic violence conviction requires the prosecutor to prove intent. If you can show that the injuries the victim suffered were accidental, you can potentially have the charges against you dropped.
• The injuries were minor and did not include strangulation: The element of strangulation makes this type of domestic violence a felony. If you can demonstrate that the injuries you caused were minor and not caused by strangulation, you may have the charges against you reduced to a misdemeanor.

Can the Record Be Sealed?

You can have the record for a domestic violence by strangulation conviction sealed, but you’ll have to wait 10 years from the conclusion of your case, including the end of any penalties you’ve incurred. Sealing the record requires a lot of work and legal know-how, so you’ll want help from an experienced criminal defense attorney.

What Are the Penalties for Strangulation in Non-Domestic Situations?

Battery by strangulation in non-domestic situations is a Category C felony under Nevada law. The potential penalties include one to five years in prison and a fine of up to $10,000.

If the battery by strangulation is committed with using a deadly weapon, it is considered a Category B felony, and the potential penalties include two to 15 years in prison and a fine of up to $10,000.

Contact a Las Vegas Domestic Violence Attorney

The criminal justice system does not take domestic violence allegations lightly. If you’ve been accused of domestic violence by strangulation in Nevada, a domestic violence attorney at Adras & Altig can review the facts of your case and identify the best possible defenses. Call or contact us now to get started.

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Electric Daisy Carnival Arrests

Every year, hundreds of thousands of people flock to the Electric Daisy Carnival (EDC) at the Las Vegas Motor Speedway. While most can enjoy the festival without encountering law enforcement, Las Vegas police typically make a significant number of arrests.

Most people are arrested for drug and alcohol-related offenses or assault and battery after getting into altercations with other attendees. If you plan to attend the Electric Daisy Carnival this year, the criminal defense lawyers at Adras & Altig want you to know what to expect. Read on to learn more.

What Is the Electric Daisy Carnival?

The Electric Daisy Carnival is a series of electronic dance music festivals that take place in multiple locations around the world. Although the EDC began as a one-day rave in Los Angeles, its flagship three-day festival has taken place in Las Vegas each summer since 2011, usually at the Las Vegas Motor Speedway. In addition to the centerpiece music that involves elaborate lights and stages, the festival also includes carnival rides and games, costumed and dance performers, and fireworks celebrations.

In 2021, the EDC was expected to be held in May, but the event was pushed back to late October due to ongoing COVID-19 restriction protocols in Las Vegas.

Arrests at Electric Daisy Carnival – Las Vegas

The Electric Daisy Carnival employs private security guards tasked with screening guests for illicit drugs and weapons, patrolling the carnival grounds, and responding to drug use, violence, or sexual assault. EDC security guards can detain carnival guests until Las Vegas or Clark County law enforcement arrives to arrest a detainee for a criminal offense officially.

However, EDC security guards are not required to follow many of the same constitutional requirements as police officers, such as warning you of your Miranda rights. Therefore, anything you say to EDC security after being detained may later be used against you by police and prosecutors.

Festival attendees have been arrested at EDC for offenses such as:

• Drug possession
• DUI
• Assault and battery
• Indecent exposure
• Sexual assault
• Solicitation of prostitution
• Theft
• Public urination
• Disorderly conduct
• Unlawful possession of weapons

Las Vegas Electric Daisy Carnival Lawyer

Judgment errors happen. If you are arrested at the Electric Daisy Carnival in Las Vegas, don’t panic and don’t despair. An arrest does not mean you will automatically be convicted. Depending on the type of criminal offense and the nature of your arrest, it might be possible to get the charges reduced or even dismissed.

An experienced Las Vegas Electric Daisy Carnival lawyer can review your case and advise you of your options. The goal will be to secure the best possible outcome for your situation, which is often the one with the least possible fines or jail time.

Adras & Altig – EDC Las Vegas Attorneys

If you’re arrested on drug charges or other criminal offenses while attending EDC in Las Vegas, get a criminal defense attorney from Adras & Altig on your side right away. We’re tough, experienced attorneys who will fight to protect your rights.

Our partners take a team-based approach to handling each client’s case. That means you benefit from our combined experience and knowledge. Contact us today for a free, confidential consultation.

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No EDC This Summer, But EDM is Coming to Las Vegas

Las Vegas festival enthusiasts may be disappointed that the Electric Daisy Carnival was postponed until fall, but don’t despair — Insomniac is bringing Deadmau5 to the Downtown Las Vegas Events Center on May 21. It’s the first show at the center since the pandemic shut down much of the city last year.

As the nation emerges from the worst of COVID-19, it’s no surprise that people want to celebrate. At Adras & Altig, we share in that sense of relief. However, we also know that concerts and festivals are places where people sometimes party a little too hard. Keep yourself out of legal trouble by taking some free advice from our criminal defense lawyers.

What’s the EDC? 

The Electric Daisy Carnival (EDC) is a series of electronic music events that take place around the world. Its three-day flagship festival takes over Las Vegas each summer — and it would have been this weekend if not for the coronavirus.

As with any festival, people in celebratory mode sometimes overindulge or engage in activities they would not normally do if not for the excitement of the event. EDC has been marked by arrests for various criminal activities over the years, particularly but not limited to drunkenness, drug use, assaults, and prostitution.

The Big EDM Show

EDM stands for “electronic dance music.” It’s high-energy music you typically hear in clubs, raves, or anywhere where people are out dancing in crowds. It’s definitely not what health officials could have authorized last May when EDC was supposed to occur.

With life slowly returning to some semblance of normal, bringing Deadmau5 to downtown Las Vegas along with Nero (DJ set) and No Mana is bound to bring stress relief and joy to festival-goers. The show also kicks off a series of events that Insomniac is planning across two other weekends in Las Vegas, with dates to be announced.

Arrests at the EDM Show 

If you’re planning to attend the EDM show, remember that law enforcement will be on site. Here are some tips from Adras & Altig about how to have fun but avoid an arrest.

• Drink responsibly. Alcohol is served throughout the events center, but watch your consumption. Have a designated driver or take a rideshare to avoid a DUI arrest.
• Leave the weed at home. Though marijuana is legal in Las Vegas, you can’t smoke it in public.
• Keep it cool. You’re there for fun. If you run into a conflict with another attendee at EDM, try to avoid a fight so that you aren’t charged with assault and battery.

With all of that said, mistakes happen. If you’re facing a DUI, drug possession, or another charge after attending the EDM show, it’s essential to contact a Las Vegas criminal defense lawyer.

Fighting Charges in Nevada

Being charged with a crime does not mean that you’re going to be found guilty of one. You need a criminal defense lawyer to investigate the circumstances of the arrest to determine the best way to fight the charges. Usually, that means pushing to have them reduced or dismissed.

When you need responsive help that you can count on after an arrest, call the Las Vegas criminal defense attorneys at Adras & Altig. We’re standing by to fight for your rights. Contact us now. 

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