Las Vegas Criminal Defense Attorney
When the police and prosecutors are trying to take your freedom and rights away you need Las Vegas criminal defense attorneys who aren’t afraid to fight for your rights and go to trial. We handle criminal matters in both state and federal courts. At Nobles & Yanez, we’ve gone to trial over 100 times battling for our clients on matters as serious as murder, kidnapping, and sexual assault, all the way down to misdemeanors, traffic tickets and juvenile cases.
Bad Checks (NRS 205.130)
In Nevada, writing a bad check is defined as “a person who willfully, with an intent to defraud, draws or passes a check or draft to obtain [money or goods or services].. when the person has insufficient money, property or credit with the drawee of the instrument to pay it in full upon its presentation” is guilty of a crime. If the amount is under $650, then it is a misdemeanor. If the amount is more than $650, then it is a Felony.
Battery Domestic Violence (NRS 200.485)
In Nevada, Battery Domestic Violence is defined as “any willful and unlawful use of force or violence upon the person of another…with whom you have a familial relationship with”. This crime can include any family member, wife, ex-wife, husband, ex-husband, girlfriend, ex-girlfriend, boyfriend, ex-boyfriend, baby mama, or baby daddy. This charge in Nevada is a misdemeanor, unless you have 2 prior Battery Domestic Violence convictions in 7 years. If you do, then you are facing a Felony charge.
Burglary (NRS 205.060)
In Nevada, Burglary is defined as “a person who, by day or night, enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider, boat or railroad car, with the intent to commit grand or petit larceny, assault or battery on any person or any felony, or to obtain money or property by false pretenses. Keep in mind that Burglary doesn’t just apply to houses, it can apply to any structure or dwelling.
Driving Under the Influence (NRS 484C.110)
In Nevada, Driving Under the Influence (DUI) is defined as “any person who is under the influence of intoxicating liquor and has a concentration of alcohol of 0.08 or more in his or her blood or breath and drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access to”. DUI’s can apply not only to alcohol, but also being under the influence of prohibited substances/illegal drugs.
Drug Possession (NRS 453.336)
In Nevada, drug possession is known as possession of Controlled Substances and defined as “a person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, etc.”. Depending on the controlled substance, it could lead to felony charges. If you have over a certain weight amount of controlled substance on you, you could be charged with Trafficking in Controlled Substances (NRS 435.3385). Those Felony charges carry mandatory prison sentences.
Grand Larceny (NRS 2105.220)
In Nevada, Grand Larceny is defined as “intentionally steals, takes and carries away, leads away or drives away property valued at $650 or more” Also, there are different levels of Felonies depending on the amount of the property. If the values is between $650-$3,500, then it is a category C felony. If the value is more than $3,500, the it is a category B felony.
In Nevada, juveniles are charged separately from adults and have their own court system for handling charges and crimes. However, for very serious cases, juveniles can be “certified” as an adult and have their cases sent to adult court.
In Nevada, Kidnapping is defined as “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 commit further crimes upon them. Nevada has different degrees of kidnapping, which are:
- First degree Kidnapping (carries potential Life in prison sentence)
- Second degree Kidnapping
Murder (NRS 200.010)
In Nevada murder is defined as “the unlawful killing of a human being with malice aforethought, either express or implied.” Nevada has different degrees of murder, which are listed below. Each has its own penalties and consequences.
- First degree murder (premeditative murder)
- Second degree murder (not premeditative murder)
- Voluntary manslaughter
- Involuntary manslaughter
Prostitution (NRS 201.354)
In certain areas of Nevada, it is illegal to engage in or solicit a prostitute. In Clark County (where Las Vegas is located), it is illegal to solicit a prostitute and is treated as a Misdemeanor.
Records Sealing (NRS 179.245)
In Nevada, you are eligible to have your criminal records sealed. If granted by a judge, you can then mark “no” when asked by potential employers, schools, financial aid, or landlords if you have ever been arrested or convicted of a crime. However, some crimes in Nevada cannot be sealed and those include: Crimes against children, felony DUIs, and sexual offenses. You do have to wait the following times before you are eligible to apply to have your records sealed:
- Category A Felony – 10 years
- Misdemeanor DUI or Domestic Battery — 7 years
- Category B, C & D Felonies – 5 years
- Category E Felony – 2 years
- Gross Misdemeanors – 2 years
- Most Misdemeanors – 1 years
*Certain Sex offenses cannot be sealed
Robbery (NRS 200.380)
In Nevada, Robbery is defined as “the unlawful taking of personal property from the person of another, or in the person’s presence, against his or her will, by means of force or violence or fear of injury, immediate or future, to his or her person or property, or the person or property of a member of his or her family, or of anyone in his or her company at the time of the robbery.” In the cases we deal with, most of our clients are facing charges that force was used to retain possession of the property.
Sexual Assault (NRS 200.366)
In Nevada, Sexual Assault is defined as “a person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or herself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct, is guilty of sexual assault.” This Felony crime is one of the most serious crimes here in Nevada and carries a possible Life sentence in prison. This Felony crime also applies to victims who are adults or minor children.
Shop Lifting (NRS 205.240)
Petty Larceny, or “shop lifting”, in Nevada is defined as “intentionally steals, takes and carries away, leads away or drives away, personal goods or property, with a value of less than $650”. Usually this occurs when someone shop lifts from a store or takes someone’s personal property that doesn’t cost a lot.