Does a prosecutor need the victim of Domestic Violence to testify in order to obtain a conviction? The answer is not always. The easiest way for a prosecutor to move forward with a case without the alleged victim is when there were other people present to personally witness the event. This happens often in Las Vegas because of the nature of the town. Las Vegas encourages drinking alcohol in order to ease inhibitions with money, particularly for gambling. In some people, this can cause large amounts of stress or loss of control. This can lead to verbal arguments and sometimes physicality. Some of these events occur in casinos. If an event of Domestic Violence occurs in a casino, it is very likely that there will be witnesses to the event other than the victim, so the prosecutor does not need the victim to testify as to the event because they have a third party that can testify that "I was there, and I saw the woman hit the man with her purse." In most situations, a prosecutor does need an alleged victim to testify as to an event because the only witnesses to the event were the alleged victim and the defendant. It is still very important to have a competent attorney representing you as sometimes prosecutors will attempt to use tactics which can be challenged as unconstitutional or illegal in some other way.
If you have been charged with Battery, Battery Domestic Violence, or any crime related to a Domestic incident, or if a TPO has been issued against you, please visit gerobinsonlaw.com or call 702-233-4225 for help.
Tuesday, May 21, 2013
Wednesday, May 15, 2013
Domestic Violence and Kidnapping
In incidents of Domestic Violence, even where there is relatively minor physicality and/or threats, a major charge can be levied by the State in certain circumstances. That major charge is kidnapping. The Nevada kidnapping statute is below:
Degrees [of Kidnapping].
1. A person who willfully seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away a person by any means whatsoever with the intent to hold or detain, or who holds or detains, the person for ransom, or reward, or for the purpose of committing sexual assault, extortion or robbery upon or from the person, or for the purpose of killing the person or inflicting substantial bodily harm upon the person, or to exact from relatives, friends, or any other person any money or valuable thing for the return or disposition of the kidnapped person, and a person who leads, takes, entices, or carries away or detains any minor with the intent to keep, imprison, or confine the minor from his or her parents, guardians, or any other person having lawful custody of the minor, or with the intent to hold the minor to unlawful service, or perpetrate upon the person of the minor any unlawful act is guilty of kidnapping in the first degree which is a category A felony.
2. A person who willfully and without authority of law seizes, inveigles, takes, carries away or kidnaps another person with the intent to keep the person secretly imprisoned within the State, or for the purpose of conveying the person out of the State without authority of law, or in any manner held to service or detained against the person's will, is guilty of kidnapping in the second degree which is a category B felony. NRS 200.310.
This statute is very broad in its scope, and, with relatively minor physicality and/or threats, a person can be charged with kidnapping. A child does not need to be involved. Kidnapping in the first degree is one of the most serious charges that can be levied upon a person in the state of Nevada. If convicted, a life sentence will be imposed. The difference between a misdemeanor Battery Domestic Violence case and a life sentence is not as broad as one would think.
If you have been charged with Battery, Battery Domestic Violence, Kidnapping, False Imprisonment, or any crime related to a Domestic incident, or if a TPO has been issued against you, please visit gerobinsonlaw.com or call 702-233-4225 for help.
Degrees [of Kidnapping].
1. A person who willfully seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away a person by any means whatsoever with the intent to hold or detain, or who holds or detains, the person for ransom, or reward, or for the purpose of committing sexual assault, extortion or robbery upon or from the person, or for the purpose of killing the person or inflicting substantial bodily harm upon the person, or to exact from relatives, friends, or any other person any money or valuable thing for the return or disposition of the kidnapped person, and a person who leads, takes, entices, or carries away or detains any minor with the intent to keep, imprison, or confine the minor from his or her parents, guardians, or any other person having lawful custody of the minor, or with the intent to hold the minor to unlawful service, or perpetrate upon the person of the minor any unlawful act is guilty of kidnapping in the first degree which is a category A felony.
2. A person who willfully and without authority of law seizes, inveigles, takes, carries away or kidnaps another person with the intent to keep the person secretly imprisoned within the State, or for the purpose of conveying the person out of the State without authority of law, or in any manner held to service or detained against the person's will, is guilty of kidnapping in the second degree which is a category B felony. NRS 200.310.
This statute is very broad in its scope, and, with relatively minor physicality and/or threats, a person can be charged with kidnapping. A child does not need to be involved. Kidnapping in the first degree is one of the most serious charges that can be levied upon a person in the state of Nevada. If convicted, a life sentence will be imposed. The difference between a misdemeanor Battery Domestic Violence case and a life sentence is not as broad as one would think.
If you have been charged with Battery, Battery Domestic Violence, Kidnapping, False Imprisonment, or any crime related to a Domestic incident, or if a TPO has been issued against you, please visit gerobinsonlaw.com or call 702-233-4225 for help.
Tuesday, May 14, 2013
Battery Domestic Violence and False Imprisonment
In many instances where there are allegations of Domestic Violence, there are also allegations of restricting the alleged victim's movement. A typical, general allegation is "he was angry and pushed me and told me I could not leave the apartment, so i stayed there until he fell asleep." A accusation like this may lead to a charge of false imprisonment.
Pursuant to Nevada law:
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.
NRS 200.460
A charge of False Imprisonment can compound the difficultly of a Domestic Violence charge. First, False Imprisonment is a more serious criminal charge than misdemeanor Battery Domestic Violence as it is a gross misdemeanor as opposed to a regular misdemeanor. Gross misdemeanors carry a possible jail sentence of 1 year, which is double that of a regular misdemeanor. Also, the gross misdemeanor charge is more complex to defend, procedurally, so you will pay an attorney more money for competent representation. The more serious charge also forces a less desirable negotiation in many cases.
If you have been charged with Battery, Battery Domestic Violence, False Imprisonment, or any crime related to a Domestic incident, or if a TPO has been issued against you, please visit georgeforjustice.com for help.
Pursuant to Nevada law:
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.
NRS 200.460
A charge of False Imprisonment can compound the difficultly of a Domestic Violence charge. First, False Imprisonment is a more serious criminal charge than misdemeanor Battery Domestic Violence as it is a gross misdemeanor as opposed to a regular misdemeanor. Gross misdemeanors carry a possible jail sentence of 1 year, which is double that of a regular misdemeanor. Also, the gross misdemeanor charge is more complex to defend, procedurally, so you will pay an attorney more money for competent representation. The more serious charge also forces a less desirable negotiation in many cases.
If you have been charged with Battery, Battery Domestic Violence, False Imprisonment, or any crime related to a Domestic incident, or if a TPO has been issued against you, please visit georgeforjustice.com for help.
Subscribe to:
Posts (Atom)