Criminal Defense

If you’re facing a violent crime charge in Nevada, understanding the difference between a misdemeanor and a felony—and what it means for your future—can make all the difference. The criminal justice system is complex, and decisions made early in your case can affect everything from your freedom to your career, your family, and your reputation. At Law Offices of Kenneth A. Stover, we draw on years of experience, including work as prosecutors, to guide people through this process and protect what matters most. Let’s walk through the specifics of misdemeanor vs felony crimes in Nevada, what you can expect if charged, and how a strategic defense can improve your chances of moving forward with your life.

What Types of Violent Crimes Are Charged as Misdemeanors & Felonies in Nevada?

Nevada law defines violent crimes as those involving the use, attempted use, or threatened use of force against another person. Over the years, our team has seen how even a single accusation—whether it’s an altercation at a bar, a domestic dispute, or an alleged threat—can immediately change a person’s life. Common violent crimes in Nevada include assault, battery, robbery, domestic violence, and homicide. Depending on the facts, these offenses may be prosecuted as either misdemeanors or felonies, which makes understanding the distinctions especially important.

Most people are surprised at how quickly a situation can escalate. For example, assault in Nevada refers to putting someone in fear of immediate harm, while battery involves actual physical contact. If no weapon is used and there’s no substantial injury, battery may be charged as a misdemeanor. But if a weapon is involved or the alleged victim is seriously injured, prosecutors may pursue felony charges. Additional circumstances, like the age of the alleged victim or whether the offense targeted a protected class, can also raise penalties significantly.

It’s critical to know that, in Nevada, specific laws control how each violent crime is categorized. Some crimes, such as robbery or aggravated assault, are always felonies under state law. Others may begin as misdemeanors but can be recharged as felonies based on aggravating factors or new information. Understanding where your case falls on this spectrum is the first step in building a defense tailored to the reality of Nevada’s statutes and the prosecution’s likely approach.

How Does Nevada Decide Between Charging a Misdemeanor or Felony for a Violent Crime?

The line between misdemeanor and felony violent crimes in Nevada isn’t always obvious to someone outside the criminal justice field. Prosecutors consider multiple factors rooted in Nevada statutes, but also rely on their own discretion, the history of the accused, and the unique facts of each case. These judgment calls are precisely where informed legal counsel can make a significant difference.

The severity of the alleged act typically drives how charges are brought. Crimes with minimal or no physical contact, little or no injury, and no weapons involved are more likely to be filed as misdemeanors. For example, a first-offense simple battery—or an altercation where nobody was seriously hurt—often stays as a misdemeanor. Felony charges usually require aggravating factors, such as:

• Intent: Was there a clear intent to cause serious harm, or was the act accidental?
• Level of Injury: Were there moderate or serious physical injuries involved?
• Use or Threat of a Weapon: Was a firearm, knife, or other dangerous item present or involved in the altercation?
• Victim Status: Was the alleged victim a minor, elderly, a family member, or otherwise protected under Nevada law?

The same conduct can have dramatically different consequences based solely on how the state interprets these factors. This is where our insight as former prosecutors provides unique value—by anticipating how charging decisions are made and finding opportunities to challenge or reduce them through negotiation or investigation early on.

Penalties for Misdemeanor vs Felony Violent Crimes in Nevada

The differences in penalties between misdemeanor and felony violent crimes in Nevada are dramatic. A misdemeanor conviction may mean up to six months in jail, smaller fines, community service, and court-mandated counseling. While these penalties are certainly disruptive, they pale in comparison to what a felony conviction brings—and the lifelong impact it can have on someone’s future.

Felonies in Nevada are categorized by severity, ranging from Category E (the least serious) to Category A (the most severe, which includes crimes such as homicide). Penalties for felony violent crimes can include:

• State prison sentences from one year up to life, or even the death penalty for the most severe cases
• Fines that can exceed $10,000, often alongside orders for victim restitution
• Supervised parole or probation with strict conditions
• Permanent loss of rights to own firearms and, in some cases, the right to vote
• Major roadblocks in employment, housing, licensing, and immigration status

Adding to the challenge, prosecutors and judges often impose harsher penalties for repeat offenders, for crimes involving weapons, or for those affecting children or vulnerable adults. Our role goes beyond simply challenging the charges—we work to bring all relevant facts and mitigating factors to light, seek out alternatives like diversion or probation where available, and ensure sentencing decisions don’t go unchallenged. We know that every detail matters, and a proactive defense can often significantly reduce the severity of the final outcome.

How & Why Misdemeanor Violent Crimes Can Be Upgraded to Felonies in Nevada

In Nevada, not every misdemeanor charge stays a misdemeanor. Prosecutors have the authority to upgrade charges as new evidence develops or aggravating factors emerge. These escalations can be alarming for defendants and their families, especially if they don’t understand the underlying reasons or the process for challenging such decisions. Knowing what causes these upgrades can help you prepare or avoid unintended consequences altogether.

A misdemeanor charge may become a felony for several reasons, including:

• The alleged use or threat of a weapon, such as a firearm or a knife
• Infliction of substantial bodily injury, going beyond simple pain or minor wounds
• Alleged victims who are minors, elderly, current or former romantic partners, or members of protected classes
• Repeated offenses—Nevada law provides for automatic penalty enhancements in cases like domestic violence or battery with prior convictions

When these aggravating elements are present, prosecutors frequently seek to increase the severity of the charges, which may quickly push a case into the felony category. At Law Offices of Kenneth A. Stover, we address these risks head-on. We investigate the evidence early, gather facts that challenge the prosecution’s narrative, and present compelling arguments for the appropriate level of charge—or for reducing or dismissing charges entirely. Early intervention truly makes a difference in avoiding unnecessary escalation.

What Happens After a Violent Crime Arrest in Nevada?

After an arrest on a violent crime charge in Nevada, the process can move quickly, and every step carries potential risks and opportunities. Understanding what comes next helps our clients and their loved ones prepare and avoid unnecessary mistakes during a crucial time. Immediately post-arrest, most people are booked into jail, which means their information, alleged crime, fingerprints, and photographs are recorded. Depending on the charge, bond or bail may be set right away, or a bail hearing may be scheduled within days.

The first formal court appearance—the arraignment—quickly follows. Here, the court advises you of the charges, addresses issues of bail or release conditions, and accepts your initial plea. For misdemeanor cases, the process typically advances rapidly, with early opportunities for dismissal or plea negotiations. Felony crimes trigger preliminary hearings, which act as a checkpoint to determine whether enough evidence exists to proceed to trial. In these hearings, the State must demonstrate probable cause and the defense has a meaningful chance to question the evidence.

During this stressful time, our approach is to guide you through every step, from jail to the courtroom, providing clarity on your rights, gathering necessary documents, and speaking on your behalf at each stage. By getting involved early, we are often able to secure more favorable bail, challenge weak evidence before it shapes public perception, and ensure you never face these hearings alone or unprepared. Our goal is to restore your control, confidence, and strategic advantage from the very beginning.

What Rights Do You Have After Being Accused of a Violent Crime in Nevada?

Facing charges for a violent crime in Nevada does not mean losing your constitutional rights. You have powerful legal protections at both the state and federal level, designed to ensure fairness and prevent government overreach. Key among these are the rights to remain silent, to have an attorney present during all questioning, to receive a prompt hearing on bail or bond, and to be provided notice of the exact charges and evidence against you.

For felony cases, you are also entitled to a preliminary hearing, where the judge determines if probable cause exists to continue prosecuting you. This is often where the battle over evidence and the strength of the State’s case begins in earnest. All accused persons, regardless of their financial circumstances, are entitled to legal representation—either retained or, if necessary, appointed by the court.

Violations of your rights can take many forms, from coerced statements and improper searches to denied access to counsel or prejudicial bail terms. We believe vigilance is required to protect these rights at every turn. Our commitment includes raising motions to suppress illegally obtained evidence, challenging improper procedures, and holding authorities accountable. By insisting on your rights at every stage, we help level the playing field and preserve the best possible options for your defense.

Defense Strategies for Misdemeanor & Felony Violent Crimes in Nevada

Each case is unique, and defending against misdemeanor versus felony violent crimes in Nevada often calls for different strategies. For misdemeanors, emphasis is frequently placed on quickly challenging weak evidence, seeking diversion or deferred sentencing, and negotiating for lower-level charges or outright dismissal. The speed of misdemeanor cases and their relatively limited penalties allow creativity and aggressive early resolution.

Defending a felony charge, however, requires a broader approach. Thorough investigation of forensic evidence, meticulous cross-examination of prosecution witnesses, and aggressive motions practice—such as suppressing unconstitutional evidence—are essential. Our dual experience as both prosecutors and defense counsel means we understand which legal arguments will have the greatest impact in front of judges and juries and are adept at leveraging every legal avenue available for a favorable result.

Plea negotiations—when appropriate—are never approached as surrender, but as a strategy guided by careful analysis of the strengths and weaknesses on both sides. Where evidence or mitigating circumstances support it, we seek alternatives like drug or anger management programs, probation, or deferred judgments. We are committed to understanding the full context of your life and your case, using every available method to keep your record as clean as possible or avoid the most severe consequences.

How Charges for Violent Crimes Can Be Reduced or Dismissed in Nevada

Not every violent crime charge in Nevada moves forward unchanged. Many cases are reduced or dismissed during the legal process—sometimes because the evidence fails to meet the burden of proof, other times because early intervention reveals mitigating circumstances. Understanding these legal options is crucial if you’re seeking to avoid the life-altering impact of a conviction.

Reduction or dismissal can happen in several ways. Here are some of the most common:

• Weak Evidence: The prosecution is unable to establish every element of the alleged crime beyond a reasonable doubt.
• Plea Bargains: Prosecutors may agree to amend or reduce charges in exchange for a plea to a less severe offense, especially if it serves justice or public safety.
• Alternative Sentencing: In some misdemeanor or lower-level felony cases, programs such as counseling, treatment, or community service may be used in exchange for dismissal or non-filing of charges after completion.

At Law Offices of Kenneth A. Stover, we rigorously investigate every possible path to reducing or dismissing charges, acting early and strategically to protect our clients’ records, reputations, and futures. Our focus is always on what creates the least disruption and the most opportunity for a full recovery after an accusation.

Long-Term Consequences of Misdemeanor vs Felony Violent Crime Convictions in Nevada

The realities of a violent crime conviction—whether a misdemeanor or a felony—extend well beyond any immediate sentence. Misdemeanor convictions remain on your record and can create challenges with employment, housing, student loans, and even travel. Nevada law allows some misdemeanor records to be sealed after a waiting period, but not all offenses are eligible, and the process has strict requirements.

Felony convictions carry heavier, often permanent, consequences. These include:

• Loss of the right to possess firearms and, for some felonies, to vote
• Difficulties finding employment, obtaining professional licenses, or securing loans
• Permanence on most background checks, closing many doors for years or a lifetime
• Severe immigration consequences for non-citizens, including the risk of deportation or inadmissibility

We believe part of our duty is to help clients understand these consequences when making decisions about plea bargains or going to trial. Our team guides clients through sealing eligible records and addresses collateral concerns—from professional licensing to re-entering the workforce—so clients can regain control of their future after their legal matters conclude.

The Value of Prosecutorial Insight in Violent Crime Defense

Having a defense team with prosecutorial experience brings practical advantages that aren’t visible on paper. At Law Offices of Kenneth A. Stover, our understanding of how the State builds cases directly informs our strategy, from evidence review to courtroom arguments. We know what prosecutors look for, what motivates them to reduce or dismiss charges, and where mistakes or weaknesses might allow us to secure a better outcome.

This experience also improves our communications with opposing counsel, judges, and juries. We’ve seen firsthand how cases are prioritized and evaluated by the District Attorney—knowledge that allows us to prepare our clients and arguments accordingly. This dual perspective empowers us to develop defense strategies that anticipate prosecutorial tactics and highlight issues even seasoned opponents may overlook.

Our commitment to thorough preparation, negotiation, and communication means clients benefit not only from legal skill but from real-world insight into how best to resolve difficult, high-stakes criminal cases. When your future is on the line, this kind of perspective can be the difference between a conviction and a second chance.

Steps to Take If You’re Facing a Violent Crime Charge in Nevada

If you have been arrested for or accused of a violent crime in Nevada, what you do right now will affect the outcome of your case. Immediate action can protect your rights and preserve crucial evidence, while mistakes in these early hours or days may have lasting repercussions. Here’s what you should do:

• Remain Silent: Do not discuss your case or provide statements to law enforcement before speaking to an attorney.
• Request Legal Representation: Assert your right to counsel as soon as possible, whether you hire your own attorney or request one from the court.
• Gather Evidence: Secure relevant documents, contact information for witnesses, and any physical evidence related to the incident.
• Avoid Public Discussion: Do not talk about your case with friends, family, or on social media; anything you say can be used against you.

If you or someone you care about is struggling with a violent crime accusation, our team at Law Offices of Kenneth A. Stover stands ready to guide you. Contact us at (775) 502-1575 to discuss your concerns, get answers to your urgent questions, and begin forming a defense that accounts for your rights, your future, and the unique factors in your case. We’re here to stand with you every step of the way, no matter how complicated things may seem.

In Reno, understanding your rights during a drug search is crucial and can significantly impact the outcome of the encounter. Knowing how Nevada laws apply specifically to residents and visitors in Reno, and recognizing the appropriate steps to take if subjected to a search, empowers individuals with legal protection. Armed with this knowledge, you can navigate potential encounters with law enforcement with confidence and a clear understanding of your legal standing.

What Are Your Rights During a Drug Search in Reno?

Reno residents enjoy protection against unlawful searches and seizures under the Fourth Amendment of the U.S. Constitution. This typically requires law enforcement to obtain a warrant before conducting a search. However, exceptions exist, such as when illegal items are visible or when consent to the search is given. It is vital to understand these nuances, as providing consent waives your right to later dispute the search's scope and basis.

Nevada laws offer additional protections by requiring police officers to have probable cause for searching property without a warrant. Probable cause is based on concrete evidence or observable circumstances suggesting illegal activity, not merely suspicion. Recognizing this requirement can significantly enhance your ability to question and potentially challenge unwarranted search attempts.

In Reno, local law enforcement practices may vary. Officers might approach search situations differently depending on municipal training or prevalent crime statistics. Staying informed about these local practices provides an advantage, especially if a search's legality comes into question. Understanding Reno's approach ensures better preparedness in such circumstances.

How Reno's Unique Legal Landscape Affects Your Search Rights

Reno's legal landscape offers unique factors affecting your rights during drug searches. Being near the California border adds cross-state complexities that influence how searches are performed or contested. Collaborations across state lines affect jurisdiction, making understanding local jurisdictional nuances critical to protecting your rights.

The city’s transient population, including university students and tourists, shapes law enforcement's focus and execution of drug searches. Officers may have directives shaped by these demographic factors, which can impact assumptions during searches. Being aware of these local enforcement tendencies allows for better preparation and response should a search occur.

Local legal precedents also play a central role in shaping search rights. Knowledge of past court decisions in Reno can help predict outcomes in similar situations, providing insight into how courts are likely to view and uphold your rights during legal proceedings related to drug searches.

Handling a Car Stop & Possible Drug Search

When stopped in a vehicle, Reno residents need to remain composed and fully aware of their rights. Nevada law allows law enforcement to stop vehicles with probable cause—often involving traffic violations leading to further drug-related investigations. Understanding your rights during these stops is crucial. Officers may ask for your consent to search the vehicle, but you are not obligated to consent unless a warrant is present or probable cause supports the search.

During a car search, it's essential to clarify permissions. Always ask if you're free to go; if not, inquire about the reasons for the detention. If consent is requested, you're entitled to refuse, which doesn’t imply guilt and doesn’t allow searches solely due to refusal. Protecting these rights is essential for future legal challenges.

Documenting the encounter can prove invaluable. Record officers’ names, badge numbers, and any statements made. This information can be crucial for recounting details should you need to address the incident legally, either by filing complaints or constructing a defense. Having a thorough account strengthens your position and aids legal processes.

Navigating Drug Searches in Reno’s Schools

If involved in a drug search at a Reno school, understanding that schools operate under specific policies is crucial. While students’ rights are upheld, school officials possess certain liberties under the doctrine of "in loco parentis" to conduct searches with less stringent probable cause. Knowing these rights and the school's policies guides appropriate responses during school-related search encounters.

School Resource Officers (SROs) and administrators must comply with established procedures. When an SRO is involved, they adhere to law enforcement standards, including probable cause, resembling traditional police searches. Students can ask why a search is being conducted and request that a parent or legal guardian or an attorney be present during questioning.

Parents and students should be well-versed in these procedures and ready for possible scenarios. Awareness ensures protection against unwarranted searches and potential disciplinary actions, encouraging adherence to legal standards and safeguarding educational and legal rights.

Taking Action Against Unlawful Searches

If you suspect a search conducted was unlawful, immediate documentation is pivotal. Record every detail, including officers involved, exchanges, and items searched. This evidence forms the basis should you challenge the search’s legality in court. Thorough documentation reinforces your stance, especially if procedural errors occurred during the search.

Consulting a local attorney knowledgeable in Nevada’s drug search laws can be invaluable. An attorney evaluates the search's legality and advises on available legal remedies, such as filing motions to suppress unlawfully obtained evidence. Crucially, leveraging an attorney’s understanding of local laws and precedents optimizes outcomes.

Legal recourse may involve filing a formal complaint or pursuing a civil rights lawsuit if egregious rights violations occurred. These steps, executed under professional legal guidance, protect legal standing and correct injustices experienced during any unlawful search process.

The Importance of a Reno-Based Attorney in Drug Search Cases

Selecting a Reno-based attorney critically affects drug search case handling. These attorneys possess profound insights into local practices and judicial specificities that outsiders lack. Familiarity with regional law enforcement patterns, court protocols, and prosecutorial approaches enables targeted defenses often missed by out-of-town lawyers.

Additionally, a Reno attorney's established relationships within the local legal framework facilitate more effective negotiation for settlements or plea agreements. Their reputation, cultivated through frequent interactions with judges and prosecutors, becomes a valuable asset in negotiating terms that reflect the local judicial temperament.

Moreover, Law Offices of Kenneth A. Stover’s team provides valuable perspectives gained from previous prosecutorial roles, enhancing client advocacy. This understanding of both sides of legal processes enables anticipation of prosecutorial case structures, effectively enhancing defense strategies. Such dual insights can be decisive in securing favorable legal outcomes.

If you face legal challenges related to drug searches, knowing your rights and informed action is essential. The team at Law Offices of Kenneth A. Stover provides strategic legal guidance and support. Call (775) 502-1575">(775) 502-1575 today to discuss your situation with a knowledgeable Reno attorney.

Facing a domestic violence allegation is one of the most intimidating experiences a person can face. The consequences go far beyond criminal penalties. They can include a loss of close relationships or even a strong career.

To protect yourself from these life-altering punishments, you should learn as much as possible about the allegations against you. This knowledge includes preparing for court proceedings. You must understand certain aspects, such as the types of evidence prosecutors use in these cases.

This article is here to help you understand what those pieces look like. Read on to gain crucial insight to help you fight against domestic assault accusations.

Domestic Assault Law in Nevada

The state defines domestic violence as the intentional infliction of physical harm, emotional abuse, or intimidation by an intimate partner, family member, or household member.

That definition is broad, as it could include someone you briefly dated or a roommate with whom you have no outside relationship.

Domestic assault includes hitting, slapping, kicking, or any other form of physical aggression. It can also include threats of violence or intimidation.

Physical Evidence

This type of evidence can take many forms, including photographs of injuries, medical documentation, and DNA samples.

Strong physical evidence can be incredibly effective in a domestic abuse allegation. It can convince a judge or jury that tangible proof of the alleged harm exists.

However, physical evidence is not always available or reliable. This is particularly true in cases where a victim has no obvious injuries, or no physical evidence is left behind.

Defenses

Your attorney could challenge the admissibility of the evidence. For instance, the evidence could have been obtained through an illegal search.

Your lawyer could also present alternative explanations for the evidence. For example, if there are bruises on your partner's arm, they may have been caused by an innocent accident.

Witness Testimony

Witness testimonies serve to corroborate the victim's account. Witnesses can be anyone who observed the abuse. This includes family members, friends, neighbors, and coworkers. They may have seen or heard the abuse occur, noticed visible signs of abuse on the victim, or witnessed the perpetrator's behavior before or after the incident.

Prosecutors use testimony to add credibility to the victim's statements.

Defenses

Defense lawyers often question the credibility of the witness. This can involve pointing out inconsistencies in the testimony or uncovering a motive for lying.

Attorneys can also present physical evidence that contradicts the testimony, such as video, audio recordings, communication records, or medical reports.

Your lawyer may also be able to provide a solid alibi that shows you were not present when the crime occurred. This makes the witness appear unreliable.

Historical Documentation

This type includes any documentation, such as police reports or medical records, that indicates past incidents of abuse.

Historical documentation can support a victim's claims by providing a timeline of events and showing a pattern of behavior.

Prosecutors must be careful when using this evidence. Presenting these records in court makes them part of the public record, so your accusers must pay close attention to legal and ethical issues.

Defenses

Your lawyer may challenge the authenticity and reliability of the evidence. Doing so could mean arguing that specific documents are hearsay.

Attorneys may suggest that such documents were created under duress, and they are, therefore, unreliable.

Defenders could also present evidence that undermines the credibility of the record. They may question the documentation itself, claiming that the information is out of context. The documents could also contain inconsistencies that undermine the accuser’s account.

Domestic Assault Penalties in Nevada

Under Nevada law, domestic assault is typically classified as "battery domestic violence." This crime can be either a misdemeanor or a felony, depending on the details.

For misdemeanor battery domestic violence, the penalties can include up to 6 months in jail, fines of up to $1,000, and completing a domestic violence counseling program. Additionally, the court could enforce other conditions such as probation, community service, or restraining orders.

If the offense is charged as a felony, the penalties are more severe. Felony domestic battery can result in imprisonment ranging from 1 to 20 years, fines of up to $10,000, and the completion of a domestic violence counseling program. The court may also impose additional restrictions, such as probation and restraining orders.

Domestic Abuse

Legally, abuse and assault are not always the same thing. Domestic abuse includes verbal and emotional abuse, deceit and gaslighting, isolation, controlling behaviors, manipulation, etc.

Many of these behaviors, though immoral, are not necessarily illegal. Constantly belittling your partner, for instance, would not lead to an arrest.

Allegations of non-violent domestic abuse can still lead to legal consequences. Courts can order restraining orders against alleged abusers, giving the supposed victim a larger share of the marital assets in a divorce. Domestic abuse allegations can still greatly impact your life, and you should defend yourself against these accusations.

Every citizen is entitled to a strong defense against domestic violence allegations, and Law Offices of Kenneth A. Stover is here to help. If you are facing these allegations, contact us today by reaching out online or calling our office at (775) 502-1575.

When you’ve been accused of a crime, finding a good attorney should be your top priority. Considering the complexities involved in both state and federal proceedings, having an experienced professional by your side is invaluable.

From gathering evidence and developing strong defense tactics to managing interactions with prosecutors, an attorney can help take every possible step to build a compelling defense.

Here are some of the top reasons why hiring an attorney is necessary to help preserve your freedom.

The Benefits of Hiring a Skilled Criminal Defense Attorney

• Your attorney is a dedicated ally, and they will stand by you throughout the entire process.
• They have the legal knowledge and experience to navigate the complex criminal justice system and fight for your rights.
• They know how to tailor their defense strategies to fit your circumstances. A good attorney does not use a “one size fits all” approach.
• Attorneys may be able to negotiate plea deals, have charges reduced, or have charges dropped altogether, saving the need for a courtroom battle.

Your Rights as a Legal Client in a Criminal Defense Case

• The right to legal representation. This right is so sacred, the state will provide you with an attorney if you cannot afford to hire one.
• You have the right to a speedy trial. If you feel the state is dragging its feet or churning your case for whatever reason, your attorney can step in and help make sure everyone moves the process along.
• You have the right to remain silent. Exercise this right whenever possible. It may be necessary to give some basic information such as your name, address, date of birth, etc. Beyond that, you don’t have to answer any questions.

Your Responsibilities as a Legal Client in a Criminal Defense Case

• Following your attorney's advice
• Being truthful with your attorney
• Showing up to all court appearances

How to Choose a Criminal Defense Attorney

Not all attorneys are created equal. You want a lawyer who has knowledge, skill, and experience. They need to give you competent representation, and you need to make sure they are up to the task.

Start by researching attorneys in your area who focus on criminal defense. Many lawyers focus on personal injury, contract law, and other practice areas that will not help. If you simply look for a “lawyer,” you will find hundreds of people who are qualified attorneys, but they are not equipped to handle a criminal defense case.

Look for someone who has experience defending against your specific charges. Even if a lawyer is a defender, they generally focus on certain crimes. For instance, a lawyer who handles white-collar crimes may not be able to help someone accused of a violent crime.

Seek an attorney who is willing to take the time to explain the legal process and guide you through each step. You want to stay up to date, stay involved, and ask questions. An attorney who says, “Don’t worry about it, I’ll handle it,” is not keeping you involved, and they could make costly mistakes.

A good attorney will also be responsive to your questions and concerns and will work tirelessly to protect your rights. By taking the time to choose the right attorney, you can increase your chances of obtaining a positive outcome in your case.

Preparing for Your Meeting with Your Criminal Defense Attorney

• Come with a list of any questions and concerns you have, no matter how small.
• Be honest and transparent about all details of your case, including your past criminal history and any potential witnesses or evidence. The more your attorney knows, even the bad parts, the more they can build a strong case.
• Gather all relevant documents and information about your charges and arrest, such as police reports and witness statements. If you are missing anything, your attorney will let you know what else to get. Sometimes, they may be able to do it for you.

Questions to Ask When Choosing a Criminal Defense Attorney

1. Ask about their experience and track record with similar cases.
2. Inquire about their strategy for your case and how they plan to defend you. A competent attorney should have a well-thought-out approach that considers your situation.
3. Find out how available they will be during your case and how often they plan to update you on their progress. You want an attorney who is attentive and communicative.

If you’ve been accused of a crime, Law Offices of Kenneth A. Stover is here to help stand by your side and represent you in court. Free consultations are available, so reach out to us today by calling (775) 502-1575 or contacting us online.

A criminal record can significantly impact various aspects of your life, including employment opportunities, housing options, and even your relationships. However, in Nevada, individuals can expunge their criminal records, giving them a fresh start and a chance to rebuild their lives. This blog post will explore the benefits of expungement in Nevada and how it can positively impact your future.

Increased Employment Opportunities

One of the most significant benefits of expungement is its increased employment opportunities. With a criminal record, finding a job can be challenging, as many employers conduct background checks. Expunging your criminal record allows you to legally state that you have no criminal convictions, improving your chances of securing employment. It opens doors to a broader range of job opportunities and enhances your overall employability.

Improved Housing Options

Another crucial aspect affected by a criminal record is finding suitable housing. Many landlords conduct background checks on potential tenants, and having a criminal record can make it challenging to secure a rental property. Expungement allows you to present a clean record, increasing your chances of finding suitable housing options and ensuring a stable living environment for you and your family.

Restoration of Civil Rights

Expungement clears your criminal record and restores certain civil rights that your conviction may have impacted. These rights include voting, serving on a jury, and holding public office. By expunging your criminal record, you regain your full rights as a citizen, ensuring equal participation in civic activities and opportunities.

Enhanced Personal Relationships

A criminal record can strain personal relationships, impacting trust and causing difficulties building new connections. Expungement allows you to leave your past behind and focus on building healthy and meaningful relationships. It allows you to start fresh, free from the stigma associated with a criminal conviction.

Peace of Mind

Perhaps one of the most intangible but invaluable benefits of expungement is the peace of mind it brings. Knowing that your criminal record has been expunged and that you have a fresh start can alleviate stress and anxiety. It allows you to focus on your future and move forward confidently, knowing that your past mistakes no longer define you.

At the Law Offices of Kenneth A. Stover, we understand the importance of a fresh start. Our experienced team specializes in expungement services, helping individuals navigate the complex legal process and obtain a clean criminal record.

Contact the Law Offices of Kenneth A. Stover if you or someone you know is seeking a fresh start in Nevada!

One of the most difficult experiences you can face is a false domestic violence allegation. It can lead to feelings of humiliation, confusion, and panic.

Anyone in this situation must understand their legal rights, and they should study their options for a strong defense against these claims.

This article outlines some effective defenses against domestic abuse allegations that you should discuss with your attorney.

Lack of Evidence

In any criminal defense, it is important to challenge the evidence against the accused.

Many domestic violence cases rely on circumstantial evidence. This is indirect evidence that implies guilt without directly proving it. Your attorney may have methods for debunking such claims. They can analyze the credibility and reliability of the source, seek direct, contradictory evidence, and examine alternative explanations to the claims.

False Accusations

Here is an uncomfortable fact: Millions of people are falsely accused of domestic abuse every year. In 2020, a YouGov study concluded that over 20 million American experienced false allegations of domestic violence.

You need strong evidence to prove false allegations and discredit your accuser.

Effective evidence includes:

• Eyewitness testimony
• Security camera footage
• Character witness statements
• Phone and text message records
• Medical records (where the claim does not match the diagnosed injury)
• Physical evidence such as clothing or personal belongings (For instance, your accuser may claim that you used a household item as a weapon, but a forensic study could invalidate this argument.)

Self-Defense

This claim argues that you lashed out to protect yourself. For this defense to work, you must prove that you genuinely believed you were in danger at the time. Additionally, you must show that level of force you used was proportionate to the threat, and it was reasonable to neutralize that perceived threat.

Lack of Intent

In these cases, the defense argues that the alleged offender did not intentionally harm their partner or family member. For instance, they may have gestured wildly and accidentally hit the other person.

Such claims require strong evidence. Otherwise, they can degenerate into a “he said, she said” argument, and the jury must simply decide which person they believe.

Alibi

An alibi is a claim that you were not present or involved when a crime occurred. Alibis cast a strong doubt on the prosecution's case.

A good alibi is backed up by hard evidence. This can include:

• GPS history
• Video footage
• Witness statements
• Electronic communications that detail where you were at the time
• Any other documentation that shows your whereabouts, such as a receipt

Poor Mental State

These days, courts are more receptive to the fact that a bad mental state can result in bad behavior.

Mental states and illnesses that you can use in your defense include:

• PTSD
• Anxiety
• Depression
• Serious mental illnesses like schizophrenia or DID

For this defense to work, you must have evidence such as medical records or testimony from mental health professionals.

You should also be aware that a mental disorder defense doesn’t always end in a full acquittal. The suspect could be ordered to undergo intense treatment, up to and including a stay at a high-security mental institution.

Domestic Violence Penalties in Nevada

The penalties for battery domestic violence in NV depend on:

• The severity of the offense
• Whether it is a first-time or repeat offense

A first offense can result in up to 6 months in jail, a fine of up to $1,000, and 48 – 120 hours of community service.

A second offense within 7 years can result in a mandatory minimum of 10 days up to 6 months in jail, a fine of up to $1,000, and 100 – 200 hours of community service.

A third or subsequent offense is considered a felony and can result in 1 to 5 years in prison and a fine of up to $10,000.

Aggravating factors such as the use of a deadly weapon or substantial bodily harm can result in more severe penalties.

If you’ve been accused of domestic battery, Law Offices of Kenneth A. Stover is here to help. For a free consultation, reach out to our office online or call us at (775) 502-1575.

Legalese sounds odd to the untrained ear. Certain phrases make sense to legal professionals, but they feel weird in casual speaking and writing. It’s easy to hear words that are used frequently and still have a hard time understanding exactly what they mean.

You've probably heard the term "probable cause" used in the news or legal shows, but it may be hard to pin down exactly what this phrase means. More importantly, it can be difficult to understand why probable cause is so important.

Law enforcement officials cannot accuse you without a reason. They need enough evidence to justify an arrest, conduct a search, or obtain a warrant. This evidence is called “probable cause.” The Fourth Amendment to the United States Constitution requires probable cause before police issue a warrant or conduct a search.

Probable cause can be small. It could be as simple as an officer seeing a swerving driver. This is enough probable cause to pull the driver over. Alternatively, probable cause can be enormously complex. Before arresting someone for financial fraud, for instance, police may conduct a thorough investigation that could take months or even years.

Without strong probable cause, authorities can easily lose their case against a suspect. Even if the police are right about their accusations, a case could be thrown out if the arrest had weak probable cause.

Here are some examples of how probable cause can lead to searches. If you are facing criminal charges, these examples may apply to your case. Even if you are not facing any criminal allegations, you should take this information seriously, as it could help protect you against civil rights violations in the future.

The Role of Probable Cause in a Property Search

Probable cause plays a critical role in property searches. Law enforcement must have sufficient evidence that a crime has been committed, and the property is likely to contain evidence of the crime.

For example, imagine the police believe that someone is selling drugs out of their house, and they want a search warrant. To obtain the warrant, the police must convince a judge that they have probable cause. Evidence may include surveillance footage, witness statements, communication records, or other relevant information. If the judge finds that probable cause exists, they may issue a warrant that allows law enforcement to search the property.

Without probable cause, any search of your property is considered unreasonable and a violation of your Fourth Amendment rights.

Probable Cause in a Vehicle Search

Probable cause is equally important in a vehicle search. While not as important as your home, your car is still private property, and the police cannot simply rummage through it for no reason.

First, officers must have probable cause to stop a car. For instance, if someone is driving erratically, an officer would have probable cause to pull that driver over. If the officer then sees something illegal through the window, they would have probable cause to search the rest of the vehicle.

If the police do not have probable cause to search your car, and you do not consent to a search, then legally, they have no right to go through your vehicle. Any evidence collected in this situation cannot be used against you in court.

Make sure to talk to an attorney whenever the police rifle through your car. If there are Fourth Amendment violations present, your attorney may be able to spot them and hold the offending officers accountable.

Challenging Probable Cause in Court

To challenge an officer’s probable cause, your attorney must question the evidence itself. They will attempt to prove that it was invalid, incomplete, biased, etc.

Your lawyer must present evidence and arguments that prove that probable cause was not present in your case. If successful, challenging probable cause can result in the suppression of evidence. This means that the evidence leading up to a wrongful search or arrest will be removed from the case. Sometimes, a lack of probable cause will force the judge to completely throw a case out.

If you believe you’ve been the victim of a wrongful search or arrest, contact Law Offices of Kenneth A. Stover at (775) 502-1575 or fill out our online form. We may be able to schedule a free case consultation with you right away.

Going to court for the first time can be a frightening prospect, especially when it is for criminal allegations. Many people have no familiarity with this situation, making it all the more intimidating.

If you are facing criminal charges proper planning can help you stay calm throughout the process, and it could increase your chances of success.

To help you gain clarity about what lies ahead, let’s take a look at how you should prepare for your initial criminal court hearing.

Dress Professionally

You may feel inclined to showcase your personality through appearance, but this is not the time for that.

Instead, opt for a neutral and conservative outfit that doesn't draw too much attention. Covering any body modifications, like tattoos or piercings, will help you appear respectful and responsible. Leave any hats at home, and don’t wear something with a logo or loud colors.

Make sure your behavior fits the tone of the situation. It may seem like a small detail, but even something as simple as chewing gum can come off as unprofessional.

Allow Yourself to Be Nervous

Your first time in criminal court can be a nerve-wracking experience. It's normal to feel a sense of anxiety and apprehension.

You may find yourself struggling to form coherent thoughts or words when your nerves get the best of you. Common physical symptoms associated with nervousness include a dry mouth, getting tongue-tied, or growing flustered.

A judge understands this fact, especially if you’ve never dealt with this experience before. Allow yourself to feel nervous, apologize if you mess up, but keep moving. If you focus on the sensations, you may start to get anxious about trying to overcome them, and that only makes the situation worse.

To effectively calm your nerves, take a deep breath and compose yourself. Remember, you are not alone, and many people have gone through this experience.

Remain Polite

If it's your first time in criminal court, you want to make a good impression. Be polite to everyone you come across, from the clerk to the prosecuting attorney. When it's time to enter your plea, speak clearly and loudly, so the judge can hear you. Always respond to the judge with "Yes, your honor" or "No, your honor."

Most importantly, do not disrupt or interrupt the judge or anyone else in the courtroom. Speak only when spoken to, and remember to remain respectful and attentive throughout the proceedings.

Be Punctual

A late arrival delays the proceedings and irritates the judge.

Keep in mind that the judges maintain a busy schedule. You are just one of many cases they are hearing that day. They have no personal connection to you, and lateness could turn their attitude toward you sour.

Take whatever steps you need to arrive early. Give yourself plenty of time to get ready, find parking, or navigate public transportation. Don’t schedule anything before or immediately after the hearing. Make it your top priority for that day.

Take Responsibility

The judge has seen it all before, and they’ve heard every excuse in the book.

Whatever the case, remain honest and take responsibility for your actions. A judge will appreciate the integrity of your honesty, and they will be annoyed at any attempts to deflect responsibility.

When you are truly innocent, explain yourself calmly and rationally, and stick to the facts. The judge may cut you off, or they might not believe anything you say. Either way, speak when spoken to, stay focused on the facts, and do your best.

Remember that you have a right to legal representation. Your attorney can step in whenever a judge or accuser steamrolls you or cuts you off.

Law Offices of Kenneth A. Stover is ready and willing to help you seamlessly survive this challenging time. Contact us by calling (775) 502-1575 or filling out our online contact form today.

Understanding the difference between different legal terms can be confusing, especially if you’re not a legal professional. For instance, people assume that manslaughter is any accidental killing, so they may be confused by a term like “voluntary manslaughter.”

Let’s take a closer look at both forms of manslaughter to help you better understand the legal differences between them.

Defining Voluntary Manslaughter

Essentially, in a voluntary manslaughter charge, there is an intent to harm someone but not necessarily an intent to kill.

A common example of voluntary manslaughter would be a case where a person finds their spouse in bed with another individual. In the heat of the moment, this person allegedly beats them both to death. The killer means to cause harm, but they act from a sudden and intense emotional response. They may realize the extent of the damage they are inflicting during the onslaught. A court could determine that the incident was not premeditated and charge them with voluntary manslaughter.

Defining Involuntary Manslaughter

Involuntary manslaughter is causing the death of another person through reckless or negligent behavior. In essence, the offender was doing something they should not have been doing, and someone else died as a result.

To be clear, accidental death is not the same thing as manslaughter. For example, suppose a driver is traveling within the speed limit and following all traffic rules. Suddenly, a pedestrian appears from between parked cars, and the driver is unable to stop in time. The driver's actions are not intentionally harmful, nor are they negligent. Therefore, the driver should not be accused of manslaughter.

Examples of involuntary manslaughter include:

• Mishandling a weapon
• Driving under the influence
• Leaving a child unattended in a dangerous situation

Penalties for Voluntary Manslaughter in Nevada

In the state, voluntary manslaughter is a Category B felony punishable by 2 – 15 years in a state prison and a fine of up to $10,000.

If the victim is a police officer, firefighter, or emergency medical services personnel, the penalty is a minimum of 5 years and a maximum of 20 years in prison and a fine of up to $20,000.

The court may also order the offender to pay restitution to the victim's family or other dependents. These fine covers the costs of the death, such as funeral expenses or medical bills.

Penalties for Involuntary Manslaughter in Nevada

Involuntary manslaughter is a Category D felony in the state, punishable by 1 -4 years in a state prison and a fine of up to $5,000.

Once again, penalties increase when the victim is a firefighter, police officer, or emergency medical services worker. The penalty will increase to a minimum of 2 years and a maximum of 20 years in prison, but the fine remains at $5,000.

If the offender used a deadly weapon with no intent to kill, they could face an additional consecutive sentence of 1 to 20 years in prison.

The court can also order financial restitution for the victim's family, just as it would in a voluntary manslaughter charge.

Law Offices of Kenneth A. Stover is here to help defend you against a manslaughter charge. If you are facing these accusations, contact us for a free consultation. You can call us at (775) 502-1575 or contact us online.