In many Battery Domestic Violence cases, after an event occurs between partners leading to a charge, the partners do not end their domestic relationship. This leads many partners to discuss what happened on the day in question. These discussions can lead to one partner to tell another that the situation was different than the way they perceived it, and it can come to the point of asking a partner to portray the situation differently if they were to testify at trial. These are dangerous discussions. Pursuant to Nevada law, "Every person who, without giving, offering or promising a bribe, shall incite or attempt to procure another to commit perjury, or to offer any false evidence, or to withhold true testimony, though no perjury be committed or false evidence offered or true testimony withheld, shall be guilty of a gross misdemeanor." NRS 199.150.
No one wants to make a bad situation worse, so partners need to be careful what they discuss after an event of Domestic Violence. There are always two sides to every story. No one perceives any one situation the same, especially one that is severely emotionally charged like the events leading to a Domestic Violence charge.
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.
Friday, April 13, 2012
Tuesday, April 10, 2012
False Imprisonment and Domestic Violence
In some situations where there is an allegation of Battery Domestic Violence, the matter also includes facts which lead to a charge of false imprisonment. False imprisonment is a more serious crime than misdemeanor Domestic Violence.
Pursuant to NRS 200.460, false imprisonment is defined as follows:
1. False imprisonment is an unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority.
2. A person convicted of false imprisonment shall pay all damages sustained by the person so imprisoned, and, except as otherwise provided in this section, is guilty of a gross misdemeanor.
3. Unless a greater penalty is provided pursuant to subsection 4, if the false imprisonment is committed:
(a) By a prisoner in a penal institution without a deadly weapon; or
(b) By any other person with the use of a deadly weapon,
the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
4. Unless a greater penalty is provided pursuant to subsection 5, if the false imprisonment is committed by using the person so imprisoned as a shield or to avoid arrest, the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 15 years.
5. If the false imprisonment is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.
This crime mostly appears in situations of Domestic Violence when one person will not allow another person leave a residence. Many times both people reside in the home in question. There are defenses to this crime, and an experienced attorney will take the time to flesh them out fully through potentially lengthy discussions and legal research.
If you have been charged with False Imprisonment, Assault, Assault with a Deadly Weapon, Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.
Pursuant to NRS 200.460, false imprisonment is defined as follows:
1. False imprisonment is an unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority.
2. A person convicted of false imprisonment shall pay all damages sustained by the person so imprisoned, and, except as otherwise provided in this section, is guilty of a gross misdemeanor.
3. Unless a greater penalty is provided pursuant to subsection 4, if the false imprisonment is committed:
(a) By a prisoner in a penal institution without a deadly weapon; or
(b) By any other person with the use of a deadly weapon,
the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
4. Unless a greater penalty is provided pursuant to subsection 5, if the false imprisonment is committed by using the person so imprisoned as a shield or to avoid arrest, the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 15 years.
5. If the false imprisonment is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.
This crime mostly appears in situations of Domestic Violence when one person will not allow another person leave a residence. Many times both people reside in the home in question. There are defenses to this crime, and an experienced attorney will take the time to flesh them out fully through potentially lengthy discussions and legal research.
If you have been charged with False Imprisonment, Assault, Assault with a Deadly Weapon, Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.
Difference Between Assault and Battery
Sometimes laypeople talk about assault and battery as if they are interchangeable, but under Nevada law they are distinct. Pursuant to NRS 200.471:
"1. As used in this section:
(a) "Assault" means:
(1) Unlawfully attempting to use physical force against another person; or
(2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.
(b) "Officer" means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of
the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard, or other correctional officer of a city or county jail;
(5) A justice of the Supreme Court, district judge, justice of the peace, municipal judge, magistrate,
court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this
subparagraph; or
(6) An employee of the State or a political subdivision of the State whose official duties require the
employee to make home visits.
(c) "Provider of health care" means a physician, a perfusionist or a physician assistant licensed pursuant
to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced
practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant
licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist,
a medical laboratory technician, an optometrist, a chiropractor, a chiropractor's assistant, a doctor of
Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a
medication aide - certified, a dentist, a dental hygienist, a pharmacist, an intern pharmacist, an attendant
on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a
marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor
intern, a licensed dietitian and an emergency medical technician.
(d) "School employee" means a licensed or unlicensed person employed by a board of trustees of a
school district pursuant to NRS 391.100.
(e) "Sporting event" has the meaning ascribed to it in NRS 41.630.
(f) "Sports official" has the meaning ascribed to it in NRS 41.630.
(g) "Taxicab" has the meaning ascribed to it in NRS 706.8816.
(h) "Taxicab driver" means a person who operates a taxicab.
(i) "Transit operator" means a person who operates a bus or other vehicle as part of a public mass
transportation system.
2. A person convicted of an assault shall be punished:
(a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made
with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.
(b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon,
for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year
and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine
and imprisonment.
(c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed
upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who
is performing his or her duty or upon a sports official based on the performance of his or her duties at a
sporting event and the person charged knew or should have known that the victim was an officer, a
provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a
gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to
use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum
term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than
$5,000, or by both fine and imprisonment.
(d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab
driver or a transit operator who is performing his or her duty or upon a sports official based on the
performance of his or her duties at a sporting event by a probationer, a prisoner who is in lawful
custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should
have known that the victim was an officer, a provider of health care, a school employee, a taxicab
driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130,
unless the assault is made with the use of a deadly weapon or the present ability to use a deadly
weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less
than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by
both fine and imprisonment."
Assault is most basically, attempt battery. "Simple" assault is a misdemeanor. There is a long definition of assault because there are number of people in different professions which the statute allows for a greater penalty for committing an assault against, namely law enforcement officers, school employees, and health care providers. There are always greater penalties for the use of a deadly weapon with any criminal act. Assault, in many ways, is a more illusory crime than battery as no actual physical contact must be made. There are certain subjective standards which must be proven, and good lawyering can always make a difference.
If you have been charged with Assault, Assault with a Deadly Weapon, Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.
"1. As used in this section:
(a) "Assault" means:
(1) Unlawfully attempting to use physical force against another person; or
(2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.
(b) "Officer" means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of
the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard, or other correctional officer of a city or county jail;
(5) A justice of the Supreme Court, district judge, justice of the peace, municipal judge, magistrate,
court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this
subparagraph; or
(6) An employee of the State or a political subdivision of the State whose official duties require the
employee to make home visits.
(c) "Provider of health care" means a physician, a perfusionist or a physician assistant licensed pursuant
to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced
practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant
licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist,
a medical laboratory technician, an optometrist, a chiropractor, a chiropractor's assistant, a doctor of
Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a
medication aide - certified, a dentist, a dental hygienist, a pharmacist, an intern pharmacist, an attendant
on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a
marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor
intern, a licensed dietitian and an emergency medical technician.
(d) "School employee" means a licensed or unlicensed person employed by a board of trustees of a
school district pursuant to NRS 391.100.
(e) "Sporting event" has the meaning ascribed to it in NRS 41.630.
(f) "Sports official" has the meaning ascribed to it in NRS 41.630.
(g) "Taxicab" has the meaning ascribed to it in NRS 706.8816.
(h) "Taxicab driver" means a person who operates a taxicab.
(i) "Transit operator" means a person who operates a bus or other vehicle as part of a public mass
transportation system.
2. A person convicted of an assault shall be punished:
(a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made
with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.
(b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon,
for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year
and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine
and imprisonment.
(c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed
upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who
is performing his or her duty or upon a sports official based on the performance of his or her duties at a
sporting event and the person charged knew or should have known that the victim was an officer, a
provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a
gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to
use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum
term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than
$5,000, or by both fine and imprisonment.
(d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab
driver or a transit operator who is performing his or her duty or upon a sports official based on the
performance of his or her duties at a sporting event by a probationer, a prisoner who is in lawful
custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should
have known that the victim was an officer, a provider of health care, a school employee, a taxicab
driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130,
unless the assault is made with the use of a deadly weapon or the present ability to use a deadly
weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less
than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by
both fine and imprisonment."
Assault is most basically, attempt battery. "Simple" assault is a misdemeanor. There is a long definition of assault because there are number of people in different professions which the statute allows for a greater penalty for committing an assault against, namely law enforcement officers, school employees, and health care providers. There are always greater penalties for the use of a deadly weapon with any criminal act. Assault, in many ways, is a more illusory crime than battery as no actual physical contact must be made. There are certain subjective standards which must be proven, and good lawyering can always make a difference.
If you have been charged with Assault, Assault with a Deadly Weapon, Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.
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