Category Archives: Criminal Defense Law

Nevada’s Definition of Sexual Assault

The rise of the #MeToo movement in recent months has shown a spotlight on one of Nevada’s seedier legal issues: the substantial amount of sexual assault cases in the state. CNN once ranked Nevada as 36th on the ‘most reported rape cases’ list, a classification that has triggered stepped-up measures to combat such crimes, particularly with the Revised Statutes on sexual assault.

The NRS defines as sexual assault any activity which involves sexually penetrating another person by one person or multiple individuals. It also involves coercing someone to sexually penetrate himself/herself, somebody else, or a beast, against their will. Penetration is described as intercourse between genitals or any other intrusion of intimate parts, done against the victim’s will.

Nevada takes its sexual cases seriously, handing out severe penalties for anyone proven to have conducted sexual assault. Even first-time offenders can face serious punishment. Penalties include extended prison sentences with a chance of parole after 15 to 25 years, plus fees and registration in the sexual offender database. Sexual assault on a minor, or sexual assault with matching physical injuries, can upgrade the penalty to a no-parole incarceration conviction.

 

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Drugged Driving According to the Nevada Revised Statutes

Drugged Driving is a major issue that many urban centers have to contend with. The high number of private vehicles across America combined with the various illicit channels for obtaining drugs means that drugged driving cases remain high across the country. States continue to devise ways to combat this threat and mitigate its negative effect on the public.

In Nevada, drugged driving is classified under driving under the influence laws and is covered by a no-tolerance policy; any person can be charged immediately if there is significant grounds to determine that they were driving under the influence of drugs.

The legal provisions for drugged driving in Nevada are stipulated under section 484C. 10 of the Nevada Revised Statutes. In brief, Nevada describes drugged driving as the act of controlling any motor vehicle on a highway or on public premises while under the influence of inhaled, ingested, or externally-applied chemicals which can make the act dangerous. Such substances include:

  • amphetamines
  • cocaine
  • cocaine metabolite
  • heroin
  • heroin metabolite
  • morphine
  • LSD
  • methamphetamine
  • phencyclidine
  • Marijuana also counts even if it is legal in Nevada, as long as it is consumed during or 30 minutes before driving
  • prescription medicine, especially those with depressants, also count when ingested within 30 minutes of driving

 

Drug Trafficking as Defined by Nevada’s Revised Statutes

Nevada takes its drug problems seriously. In light of being consistently listed as one of the leading states for illicit drug use and drug trafficking, state legislation has been ramped up to combat the problem. Over the years lawmakers modified and updated the legal definition of drugs and drug trafficking in Nevada, as well as the consequences of illegal drug use. The aim is to better understand what counts as illegal drug use and how it can be penalized by state law.

As per the Nevada Revised Statutes, drug trafficking is the act of producing, selling, and distributing large quantities of drugs throughout the state, with the person having full knowledge of the consequences of such action. As an aside, a drug trafficking charge only counts if the suspect has possession of drugs within the prohibited schedule and quantity. This still counts even if there are no drugs on a suspect’s person, as long as a significant amount are found in their possession (like after a house search). This makes drug trafficking a crime generally reserved for bigger criminals, such as established drug lords or middlemen.

In addition, drug trafficking is considered a Category B Felony right off of a first offense, and penalties can be severe. Conviction equates to a maximum of 6 years in prison and over $50,000 in fines minimum for a first-time conviction.

Attorney Ross Goodman at your service

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With decades of experience in the field of law and other related areas that surely gives him more than a brand of expertise, Attorney Ross Goodman is truly a well-known criminal defense attorney in the state of Nevada who is trusted by countless of his past and present clients.

The will to serve his country and its citizens has always been evident by the decisions Goodman made. Hailing from a family of public servants, Goodman stamped his own take on their legacy by studying law in the University of Tulsa College of Law which he finished in 1995. Currently, Attorney Ross Goodman is an active legal man and has been the prime choice of many defendants across the state and even the country. He is also currently prominent in media, appearing in several news shows and print as legal advisor.

Attorney Ross Goodman knows how quick the world is evolving and he is surely game to catch up with it. You can now connect with him through his Facebook page among others of his official social media pages. And as someone in the legal field, he is also knowledgeable of people not quickly trusting on what they see in the television or the Internet. This is why Ross is very much thankful about the remarkable reviews of him that you can see on sites like Birdeye, Avvo, and Martindale which are all trustworthy legal sites. Ross wants you to do your research, especially if it is about the professional that will defend you in court. To learn further information about Ross, you can also check out sites with details about him such as Better Business Bureau and LawInfo.

Today, it is not difficult to find one that looks like he will help acquit you in court. The challenge is finding one that will actually do it not by pure chance but by his genuine capability in the discipline. Attorney Ross Goodman will attest to all of the information and statement that you see about him. This is a true characteristic of a public servant.

The Consequences of Lewdness with a Minor

Lewdness is defined as willfully committing a sexual act with another with intent to arouse or gratify, whether or not the person on the receiving end consented to the act. It gains greater weight as a crime if the act was committed against the will of the victim, and if force or violence was involved. Lewdness in general is a touchy subject, as it can cross over with the matter of consent; the act can be balanced out by the fact that both parties were consensual to the act.

However, there is no doubt or discussion when it comes to lewdness with a minor. Society frowns upon engaging in a sexual act with a person below the age of consent, especially if the one initiating the act is way older than the victim. Federal and state laws take this crime seriously, to the point that even the most minor offense can lead to a felony conviction in some locales.

Nevada has had its own share of lewdness cases with minors over the years. During the 2016-2017 period alone, over 3,100 substantiated cases of sexual assault towards children were recorded. This is just one reason why Nevada law makers have made lewdness with a minor a serious offense, whether or not the accused is of age or not.

On Cybercrime and Hacking Charges in Nevada

In the modern world, nearly everything and everyone is connected to the online web. From the most advanced mobile phone to your neighbor’s refrigerator, just about anything can have access to the internet. Unfortunately, this makes more items vulnerable to the threats of hackers, crackers, and other cybercriminals.

Cybercrime involves the illegal access of networks and devices due to malicious intent, such as stealing information, disrupting processes, or destroying digital and physical material. While hacking in general is considered a serious crime, it is only when government networks are compromised that it evolves into a federal offense. Cybercrime is a major problem in Nevada, with most of the cases being political in nature. Nonetheless, the state remains a destination for ethical hackers and cybercrime experts who regularly hold forums dealing with the dangers of unmitigated cracking.

There are several factors that constitute hacking and cracking as cybercrimes. These factors include:

  • Extensive knowledge of the hardware and software involved
  • Intent to break into a system, network, or computer
  • The person attempting the hack has no explicit authorization to access the system or network
  • Malicious intent for the act, such as sabotage, theft or disruption of the system’s services, functions and capabilities

 

Got Arrested for Domestic Violence in Nevada: Now What?

Domestic violence cases are a common occurrence anywhere, but Nevada has the dubious distinction of being its poster boy. Data from Everytown Research shows that a domestic violence victim in the state is 65% more likely to be fatally shot by assailants during a domestic violence struggle, while the National Coalition Against Domestic Violence rates Nevada as the top state according to domestic violence fatalities.

This notability is a reason why Nevada takes its domestic violence cases seriously, with law enforcement being quick to react to any reported incident. What happens after a domestic battery arrest in the state can be considered routine: from the arrest and booking, up to the arraignment and plea entry and, if a not guilty plea is offered, the trial itself. What is significant, however, is what a conviction would entail for the accused:

  • For a first offense within 7 years: Misdemeanor charge, 2 days to 6 months in jail, 48 to 120 hours community service, $200 to $1,000 in fines, and a brief domestic battery counseling course
  • For a second offense within 7 years: Misdemeanor charge, 10 days to 6 months in jail, 100 to 200 hours community service, $500 to $1,000 in fines, and an extensive domestic battery counseling course
  • For a third offense within 7 years: Category C felony charge, 1 to 5 years in jail, and $10,000 in fines