Enhanceable, which means if you are convicted of Battery Domestic Violence, and, after the first conviction, you are charged and convicted again, the penalties are higher for the subsequent conviction. This is similar to laws enacted to prevent drunk driving. The law that describes these enhancements is NRS 200.485. The relevant sections are reproduced below.
"1. Unless a greater penalty is provided pursuant to subsection 2 or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:
(a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
The person shall be further punished by a fine of not less than $500, but not more than $1,000.
(c) For the third and any subsequent offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130...."
Also, a person convicted of a second offense battery domestic violence within 7 years must attend counseling seesions once a week for 52 weeks as opposed to 26 weeks for a first offense. NRS 200.485(3).
This is another reason why retaining effective counsel is so important in a battery domestic violence case because you may be able to prevent these enhanced penalties in a subsequent case. There are also legal and factual defenses that may arise in the subsequent cases regarding the prior convictions.
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.
Wednesday, February 15, 2012
Monday, February 13, 2012
Stalking and Texting
In some Domestic Violence cases, there are allegations of stalking. A common example of stalking would be a scorned lover who uses the telephone to call their ex-girlfriend a hundred times, making her feel threatened or harassed. In most scenarios, this would be charged as a misdemeanor crime if prosecuted.
New technology and people making threats over the internet and text message has inspired lawmakers to enact new legislation regarding stalking. An example of this is NRS § 200.575(3) which states, "A person who commits the crime of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony as provided in NRS 193.130." This new law is a more serious crime than the misdemeanor discussed above.
The use of the internet or other eletronic media to threaten, harass, or publish undesirable material about another is very problematic to defend against for obvious reasons. Mainly because there will always be a record of the communication. Another is that these communications could subject a person to more severe criminal punishments. There are defenses to these cases as some communications could be determined to be inadmissable at trial, or taken out of context in the situation.
If you have been charged with Battery, Battery Domestic Violence, Stalking, Harassment or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.
New technology and people making threats over the internet and text message has inspired lawmakers to enact new legislation regarding stalking. An example of this is NRS § 200.575(3) which states, "A person who commits the crime of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony as provided in NRS 193.130." This new law is a more serious crime than the misdemeanor discussed above.
The use of the internet or other eletronic media to threaten, harass, or publish undesirable material about another is very problematic to defend against for obvious reasons. Mainly because there will always be a record of the communication. Another is that these communications could subject a person to more severe criminal punishments. There are defenses to these cases as some communications could be determined to be inadmissable at trial, or taken out of context in the situation.
If you have been charged with Battery, Battery Domestic Violence, Stalking, Harassment or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.
Thursday, February 9, 2012
Temporary Protective Orders Are Easy To Get
When a person feels threatened by another person and does not want to interact with that person any longer, one thing they can do is ask a court for an order making it a crime for that scary person to interact with them. This court order is call a protective order in Nevada. In some other jurisdictions, it is called a restraining order. Protective orders are easy to get. As a matter of public policy, our lawmakers have made protective orders easy to receive because we have determined that it is better for a protective order to be granted in a situation where it is truly not needed than the opposite.
When we talk about the ease in which a Protective Order can be obtained, we must discuss burdens of proof. There are different amounts of evidence which must be shown to the Court in different legal situations for courts to take action. In criminal cases, law enforcement must present evidence which shows that a crime was committed "beyond a reasonable doubt." Reasonable doubt is defined by NRS § 175.211 as shown below.
"A reasonable doubt is one based on reason. It is not mere possible doubt, but is such a doubt as would govern or control a person in the more weighty affairs of life. If the minds of the jurors, after the entire comparison and consideration of all the evidence, are in such a condition that they can say they feel an abiding conviction of the truth of the charge, there is not a reasonable doubt. Doubt to be reasonable must be actual, not mere possibility or speculation." There is a vast amount of law and legal theory on this concept, and any further discussion of this burden is beyond the scope of this blog.
In civil litigation, the burden is normally a "preponderance of the evidence" which is defined by Nevada Civil Jury Instruction 3.00. Preponderance of the evidence "means such evidence as, when weighed with that opposed to it, has more convincing force, and from which it appears that the greater probability of truth lies therein." More simply, more likely than not.
For a Protective Order to be issued in a situation where there is an allegation of Domestic Violence, the applicant must show to the "satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence." NRS § 33.020(1).
This "satisfaction of the court" burden is not well defined, but it is clearly low. Definitely lower than preponderance of the evidence. Therefore, the Court has great latitude in issuing Protective Orders. This makes Protective Orders very easy to obtain, especially temporary protective orders because they are issued without a hearing.
One problem with the ease of obtaining a Protective Order in the modern world of information sharing is that the world can find out that a Protective Order was issued against you. This can have a significant effect on a person's life, both personally and professionally. It is possible to defend against the issuance of some Protective Orders like Extended Orders, but it is difficult, especially without an attorney.
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.
When we talk about the ease in which a Protective Order can be obtained, we must discuss burdens of proof. There are different amounts of evidence which must be shown to the Court in different legal situations for courts to take action. In criminal cases, law enforcement must present evidence which shows that a crime was committed "beyond a reasonable doubt." Reasonable doubt is defined by NRS § 175.211 as shown below.
"A reasonable doubt is one based on reason. It is not mere possible doubt, but is such a doubt as would govern or control a person in the more weighty affairs of life. If the minds of the jurors, after the entire comparison and consideration of all the evidence, are in such a condition that they can say they feel an abiding conviction of the truth of the charge, there is not a reasonable doubt. Doubt to be reasonable must be actual, not mere possibility or speculation." There is a vast amount of law and legal theory on this concept, and any further discussion of this burden is beyond the scope of this blog.
In civil litigation, the burden is normally a "preponderance of the evidence" which is defined by Nevada Civil Jury Instruction 3.00. Preponderance of the evidence "means such evidence as, when weighed with that opposed to it, has more convincing force, and from which it appears that the greater probability of truth lies therein." More simply, more likely than not.
For a Protective Order to be issued in a situation where there is an allegation of Domestic Violence, the applicant must show to the "satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence." NRS § 33.020(1).
This "satisfaction of the court" burden is not well defined, but it is clearly low. Definitely lower than preponderance of the evidence. Therefore, the Court has great latitude in issuing Protective Orders. This makes Protective Orders very easy to obtain, especially temporary protective orders because they are issued without a hearing.
One problem with the ease of obtaining a Protective Order in the modern world of information sharing is that the world can find out that a Protective Order was issued against you. This can have a significant effect on a person's life, both personally and professionally. It is possible to defend against the issuance of some Protective Orders like Extended Orders, but it is difficult, especially without an attorney.
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.
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