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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Sealing a Criminal Record for Drug Crimes

A conviction for a drug crime can be a mistake from your past that could haunt you forever. Having a criminal record may impact your opportunities for employment, housing, or education. Fortunately, drug offenders in Nevada may be entitled to have their criminal records and drug convictions sealed. This allows you to have a fresh start in your life, free from the stigma of a criminal record.

Need help sealing your criminal record for drug crimes? Turn to the Las Vegas drug charge attorneys at Adras & Altig. We are hard-nosed criminal defense attorneys who care about our clients’ well-being, freedom, and futures.

We understand that your case has real impacts on your life, so we never look at our clients as just names on a case file. We exclusively focus on fighting for the best outcome for you. With our law firm, you’ll benefit from experienced partners who adopt a team approach to working on behalf of our clients.

Sealing your criminal record can open a window of opportunity in your life that might otherwise stay closed. There’s nothing to lose by finding out how our firm can help you. Call or contact us today for a free consultation with a skilled criminal defense lawyer.

How to Get a Drug Charge Sealed 

Some states expunge criminal records, which destroys them so there is no record. But in Nevada, there’s no such thing as a drug felony expungement. Instead, criminal records are sealed.

When a criminal record is sealed in Nevada, the record continues to exist. However, the effect of sealing the record means that it cannot be accessed except by a court order to unseal the record. This means the record will not show up in a standard background check that a prospective employer or landlord may perform. In fact, the person with the record may be legally entitled to deny that the record even exists.

Having records of a drug conviction sealed begins with obtaining important documents, including your verified criminal history, any additional records relating to your charges that may exist in physical form, and a signed petition requesting to have your record sealed.

Petitions for sealing criminal records are approved or denied by the district attorney’s office in the county where you were convicted. If the DA’s office approves the order, they will send a sealing order to the court clerk to be signed by a judge. If the DA denies your petition, you can correct any deficiencies identified by the DA and resubmit your petition, or you may choose to petition the court for a hearing.

Can a Possession Charge Be Sealed?

Under Nevada Revised Statutes 453.3365, a record of conviction for the possession of controlled substances not for the purpose of sale, including all documents and docket entries in the case, may be ordered sealed by the court, provided the offender fulfills the terms and conditions of their probation or parole, and the court finds that the offender has been rehabilitated.

Can a Drug Felony Be Removed From Your Criminal Record?

Drug felonies can only be sealed under Nevada law. However, the length of time you must wait after you have completed your sentence of probation, incarceration, and/or parole will depend on the grading of your felony drug charge. Waiting times include:

• Category A felony: 10 years
• Category B, C, or D felony: 5 years
• Category E felony: 2 years

Common Drug Crimes in Nevada

Drug possession charges may be misdemeanor or felony crimes, depending on the type of drug, the quantity, and the defendant’s history. First or second possession of a schedule I, II, III, or IV controlled substance is a category E felony. A third or subsequent offense is a category D felony.

A first offense of possession of a schedule V controlled substance is a category E felony. Second and subsequent offenses are category D felonies.

A first marijuana-related offense is considered a misdemeanor. A fourth or subsequent offense may be a category E felony.

Does a Felony Ever “Go Away?”

A record of a felony conviction in Nevada never disappears. However, by sealing the record of the conviction, it becomes invisible in background checks. It allows past offenders to move forward without the legacy of a conviction holding them back.

Want a Tough Drug Charge Attorney? Call Adras & Altig Today

You don’t deserve to have a past drug conviction derail your future. If you need to seal a criminal record for drug crimes in Nevada, get the Las Vegas criminal defense attorneys at Adras & Altig on your side. You can count on us to give your case our full attention so that you can move on with your life.

Call or contact us today for a free consultation.

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What to Do If You Have Been Falsely Accused of a Sex Crime

Even if you are ultimately vindicated in court after being falsely accused of sexual assault, just the mere accusation of a sex crime can have a devastating impact on your reputation and personal and professional relationships. If you’ve been falsely accused of a sex crime, it’s vital to respond to these allegations quickly. Here are some steps to take immediately to protect your rights.

Make No Statements to Anyone

When you are falsely accused of a sex crime, always remember your right to remain silent. Anything you say to someone about the accusation, especially statements you make to police, can later be used against you in a criminal proceeding. Even if you talk to family or friends, they can later be required to testify in court about what you’ve said.

If you have been falsely accused, you may be tempted to try to explain yourself or prove your innocence. However, you’re much more likely to say things that will hurt you later. Keep silent and let your criminal defense attorney do the talking for you.

Hire a Criminal Defense Attorney

You need experienced criminal legal representation as soon as you learn that you’ve been accused of sexual assault or another sex crime. A criminal defense attorney can help you understand the charges against you. They can develop a legal strategy to defend you after you’ve been falsely charged with a crime. Your conversations with your attorney are privileged, so you can be open and honest with your lawyer.

Take Accusations Seriously

Even though you’ve been falsely accused, you shouldn’t assume that you’ll automatically be vindicated and that the accusations or charges will eventually go away. Act quickly to get legal representation from an experienced sex crimes attorney to help you protect your rights and interests.

Educate Yourself about Legal Proceedings

Although you should hire a criminal defense attorney as soon as possible, you should also take the time to learn about the criminal justice process and what you can expect if you are facing sexual assault charges or other charges for sex crimes. If you understand what is going on in your case, you can better assist your lawyer with preparing your defense. You’ll be better informed when you need to make decisions that can affect your rights and interests.

Contact the Sex Crimes Attorneys at Adras & Altig

If you are falsely accused of sexual assault, the time to act is now. Seek experienced legal representation to protect yourself from the negative consequences of an arrest or conviction for sex crimes. Turn to the experienced criminal defense attorneys of Adras & Altig. We genuinely care about our clients and about helping them through the stressful experience of facing criminal charges.

Our goal in each case is to secure the best possible outcome for our clients based on their individual needs and goals. We know our clients’ lives are affected by their case, so we never treat our caseload like a numbers game. Every case is important. When you choose our firm to help you with your charges, you’ll have the benefit of our partners’ team approach to working on cases.

Contact us today for a free initial case review and to begin mounting your legal defense.

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Is It Better to Expunge or Seal Your Record?

A criminal record can haunt you for the rest of your life, making it more difficult to pursue an education, find a career, or buy a house. Even if you were convicted of a relatively minor offense, you could still bear the lasting burden of a criminal record as a result.

If you have a criminal record in Nevada, however, you may be able to file a legal petition to have your record concealed. While this doesn’t erase your record, it will prevent most people from accessing it. For the most part you can move on with your life as though the incident never occurred.

Continue reading to learn more about how records are sealed or expunged and whether you might be eligible to file a petition to seal your Nevada criminal record.

What Is the Difference Between Sealing and Expunging a Record?

When a criminal record is expunged, it is completely erased and removed from state or federal records. Courts that receive expungement orders are expected to treat criminal convictions as if they never occurred at all. If you are granted an expungement, a criminal conviction is removed from both your personal criminal record as well as the public record.

When a criminal record is sealed, on the other hand, no one can view the contents of the record without a court order. This means the record still physically and legally exists, but it is more difficult to access. If your record is sealed, most schools, landlords, and employers won’t be able to see it. You can legally deny that a conviction ever occurred.

What Records Can You Expunge?

The state of Nevada does not currently allow records of any kind to be expunged. However, it’s still possible to have a criminal record sealed, which offers many of the same benefits as having a record expunged.

What Records Can You Seal?

If you are convicted of a sex crime, a crime against children, invasion of a home with a deadly weapon, or a felony DUI, you are not eligible to have the record of that offense sealed.

However, criminal records can be sealed for most other types of convictions after certain waiting periods, such as:

• Dismissed charges – You may file a record seal petition immediately after charges have been dismissed.
• Misdemeanor charges – You may file a record seal petition for most misdemeanors after one year.
• Gross misdemeanors, category E felonies, and misdemeanor battery, harassment, or stalking – You may file a petition after two years.
• Most category D felonies, category C felonies, and category B felonies – You may file a petition after five years.
• Misdemeanor DUIs and battery domestic violence charges – You may file a petition after seven years.
• Category A felonies, burglaries, and felony violent crimes – You may file a petition after 10 years.

Talk to a Criminal Defense Lawyer at Adras & Altig

If you are interested in sealing your criminal record in Nevada, Adras & Altig can help. Our team concentrates on Las Vegas criminal defense law. We are prepared to work relentlessly to protect your rights.

Contact us today to discuss the details of your case in a free, confidential consultation.

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