Blogs from November, 2017

While the two might sound similar, assault and battery are two separate criminal offenses in Nevada. The key difference between them is intent and action. Assault is defined as the intention of an individual to intimidate or threaten another person. Battery, however, is more than a threat; it is an act of violence against another person that can result in harm or bodily injury. These types of crimes are often committed with a deadly weapon. Any item that can be used to inflict deadly force on another person can be considered a deadly weapon. Therefore, if someone attempted to stab another person with a pen, the pen can be considered a deadly weapon.

Is Assault or Battery a Felony in Nevada?

Whether or not battery or assault are considered felonies in Nevada depends on the specific details of the case. Either one of these charges can be a misdemeanor, a gross misdemeanor, or a felony charge, depending on a number of factors. Prior offenses, the use of a deadly weapon, and the victim’s injuries will all play a role in how a battery or assault case is handled.

Determining Guilt in Assault and Battery Cases

In Nevada, a person can receive a conviction for either of these offenses, regardless of whether or not the victim sustained any injuries. The presence of injuries is not the only thing that is considered in a case involving assault or battery. The use of illegal force, intent to threaten or harm, and the victim’s awareness will all play a part in determining the guilt of a defendant. That said, battery is slightly different when it comes to determining guilt.

In a case involving battery, the victim does not have to be aware of the act in order for a conviction to occur. For example, if the defendant is accused of slipping a drug into someone’s drink and caused intentional harm while he or she was unconscious, this is still considered battery and the victim’s awareness is not necessary to determine guilt.

Criminal Defense Attorney in Reno

If you were arrested or charged with assault or battery, you should not have to endure this alone. Everyone deserves to have legal representation to ensure their rights are protected. At the Law Office of Kenneth A. Stover, it is our mission to help you walk away from a criminal allegation with a cleared name. With over 20 years of experience, you can trust in our ability to fight for you.

Contact our office at (775) 502-1575 to schedule a free consultation today.

As of November 8, 2016, recreational and medicinal marijuana were legalized in Nevada. Recreational use is legal for consumers who are 21 years of age or older, though they are able to purchase only up to one ounce of cannabis at a time, or an eighth of an ounce of concentrate.

Who is Allowed to Purchase Marijuana in Nevada?

As previously mentioned, individuals who are 21 years of age or older can legally purchase marijuana. However, anyone 18 years of age or older can also purchase cannabis if they have a valid medical marijuana card, even if the card was issued from out-of-state. Minors are also able qualify for a medical marijuana card as long as a parent or guardian signs the Minor Release Form and agrees to act as the minor’s primary caregiver.

Limits on Purchasing

Recreational consumers can purchase up to one ounce of cannabis flower or, alternatively, an eighth of an ounce of concentrate at once from any recreational dispensary. A 15% excise tax will be added to every purchase.

For individuals who have a valid medical marijuana card and are 18 years of age, or their caregivers, the limit for how much marijuana they can purchase is 2.5 ounces within a two-week period. It includes the cannabis flower, edibles, concentrates, and any other item that contains cannabis and can get a person high.

Whether you are a recreational consumer or have a valid medical marijuana card, you can shop at multiple dispensaries, but keep in mind that all purchases are tracked in real-time to prevent consumers from purchasing an amount that exceeds the legal limit.

Consuming Marijuana

Despite the fact that marijuana is now legal in the state of Nevada, it is only legal for private use. This means you are not allowed to smoke it in public, on federal land, or in a vehicle. Additionally, most hotels do not permit the use of marijuana due to concerns about conflicting federal law. Individuals who are caught violating the public consumption laws in Nevada risk being charged with a misdemeanor, which is punishable by jail time, steep fines, or both.

Reno Marijuana Law Attorney

From licensing to business planning, the Law Offices of Kenneth A. Stover offers wise guidance and information regarding marijuana law. Whether you are just starting out, or already have an established business, we can assist you in understanding the specifics of marijuana laws, negotiating with local municipal authorities, land use regulations, and more.

Contact our office today at (775) 502-1575 to schedule a free consultation.