Blogs from December, 2019

Let’s say Reginald went out one night and had a few drinks. Unfortunately, although his normal faculties were impaired, he decided to get behind the wheel and drive home. During the trip, he ran a red light and crashed into another vehicle crossing the intersection. Sadly, the other driver was killed.

After reviewing Reginald’s situation, the prosecutor decided to charge him with second-degree murder. But can such charges stick? That’s the question currently being posed in Nevada because of a growing trend with prosecutors filing murder charges against drunk drivers who cause fatal car accidents.

The Controversy Behind Filing Murder Charges

In Clark County, where murder charges have been filed against 7 drivers since 2017, the District Attorney stated that this action is being taken to show the seriousness of the offense. However, his decision has been met with controversy.

Filing murder charges in DUI-related accidents resulting in death may undermine the legislative system. Policymakers enact laws that define prohibited behaviors and penalties for engaging in such conduct. When prosecutors take it upon themselves to decide how to punish certain acts, in essence, they are determining the laws.

In Nevada, a statute already exists concerning how to punish drunk drivers who cause accidents that result in substantial bodily harm or death. That law is separate from the second-degree murder statute that the Clark County D.A. wants to pursue in such cases.

Under NRS 484C.430, if a person is driving under the influence of drugs and/or alcohol, and they cause a fatal accident, they could be found guilty of a category B felony.

The conviction penalties for a violation of NRS 484C.430 include a:

1. Prison sentence between 2 and 20 years
2. Fine between $2,000 and $5,000

In Nevada, second-degree murder is defined as engaging in reckless behavior that results in the unintentional killing of another. If a person is convicted of this offense, which is a category A felony, they could be punished by up to life in prison.

Those opposed to the D.A.’s actions say that the punishments for drunk driving fatalities are already severe enough. The offense doesn’t warrant filing second-degree murder charges, and doing so is prohibited by law.

The D.A. stated that the drunk drivers charged with second-degree murder engaged in reckless behavior while behind the wheel, which fits the definition of the offense.

After a motion was filed to stop such practices, the Nevada Supreme Court, which denied the request, stated that the issue raises interesting questions about how laws are interpreted. The Clark County D.A. said that he will continue to pursue fatal drunk driving crashes as murder cases until the Supreme Court tells him he can’t.

Contact the Law Offices of Kenneth A. Stover for Legal Representation

If you were charged with a DUI-related offense in Reno, we’re ready to help you fight charges. We will examine relevant statutes and case law to ensure your rights are protected.

Speak with our skilled attorney during a free consultation by calling us at (775) 502-1575 or contacting us online.

Besides jail time and fines, being convicted of a felony can have a number of long-term consequences. One of the punishments you can face is having your gun rights restricted. That means, although the Constitution guarantees the right to bear arms, you, as a convicted felon, would not be able to exercise this right. If you violate the law, you could be facing a prison sentence and fines.

What Law Restricts Gun Rights?

N.R.S. 202.360 is the Nevada statute that prohibits you from possessing or purchasing a firearm. The law applies if you have been convicted of a felony in this State or another state. The only way you would legally be allowed to own a gun after being convicted of a felony is if you received a pardon for the offense.

However, being an ex-felon isn’t the only time your firearm rights could be restricted.

The law also states that a person is prohibited from possessing firearms if they:

1. Were convicted of a misdemeanor domestic violence crime as defined by federal statutes
2. Were convicted of stalking
3. Have a domestic violence order of protection issued against them
4. Fled the state or any other to avoid prosecution
5. Are addicted to alcohol or controlled substances
6. Are prohibited by federal law from having a gun

What Are the Potential Penalties?

Being an ex-felon in possession of a firearm is a serious offense and the punishments for a violation of the law are severe. If you were convicted of a felony, or are restricted from owning a gun because you fall under one of the categories listed earlier, you could be charged with a category B felony.

The conviction penalties for this offense include a:

1. Prison sentence between 1 and 6 years
2. Fine of up to $5,000

If you were deemed mentally ill in a criminal case, were committed to a mental health facility, entered a plea of guilty but mentally ill, or are in the U.S. illegally, possessing a firearm is a category D felony. If convicted, you could spend up to 4 years in prison and/or be ordered to pay a fine of $5,000.

Are There Federal Charges?

Firearm restrictions for ex-felons aren’t imposed by only state laws. Federal statutes also prohibit you from possessing a gun.

The situations in which it is unlawful for a person to own a gun are similar in state and federal laws.

However, 18 U.S.C. § 922(g) also forbids firearm ownership if a person:

1. Was dishonorably discharged from the military, or
2. Renounced their U.S. citizenship

The conviction penalties for violating the federal law concerning illegally possessing a firearm increase. If you are found guilty you could be sentenced to up to 10 years in prison and may be ordered to pay a fine.

Schedule a Free Consultation with the Law Offices of Kenneth A. Stover

If you’ve been accused of committing a felony in Reno, speak with our experienced attorney as soon as possible. We will begin building a solid legal strategy on your behalf and will work toward a favorable outcome in your case.

For help fighting criminal charges, call us at (775) 502-1575 or contact us online.