Blogs from June, 2019

For many offenses, the prosecutor must prove that the defendant intended to carry out a criminal act. For example, under N.R.S. 200.481, battery is defined as the willful use of force against another person. To land a conviction for this offense, the prosecutor must show that the defendant purposefully meant to injure someone else.

If a person other than the intended victim is harmed during the commission of a crime, the prosecutor could use the doctrine of transferred intent to satisfy their burden of proof. They must prove that the actions of the accused were willful and purposeful, even though the person who was unintentionally injured was not the intended victim.

Let’s say David intentionally set out to hurt Kim. In carrying out a particular action, David accidentally injured Jamie instead of Kim. Under the doctrine of transferred intent, David could be charged with battery even though he did not mean to harm Jamie. In this situation, David’s intent is transferred from Kim to Jamie, and he could be found guilty of the offense.

Applying Transferred Intent to Offenses

Generally, transferred intent can only be used if the intended action and accidental result are similar. That is to say, if David meant to shoot Kim but missed and broke her window, he might not be charged with destruction of property; his purpose was to harm a person, not to destroy someone else’s possessions.

Call the Law Offices of Kenneth A. Stover for a Free Initial Consultation

If you were accused of committing an offense, contact our team as soon as possible. Having skilled legal counsel on your side can make a substantial difference in the outcome of your case. We will look at every detail of your situation to build a compelling strategy and challenge the prosecutor’s argument about intent.

To schedule your free consultation, call us at (775) 502-1575 or contact us online.

To catch individuals engaging in criminal activity, Nevada law enforcement might set up a sting operation, which is when an officer goes undercover as a buyer, seller, or potential victim. For example, a cop could pose as a drug buyer to catch a suspect dealing narcotics. Generally, this type of police activity is allowed, as giving a person an opportunity to commit a crime is not considered unlawful. The government expects that a reasonable person would resist a certain amount of pressure to engage in criminal conduct.

What Is Entrapment?

Entrapment occurs when a law enforcement official uses various tactics, such as threats, fraud, or harassment, to force or coerce an individual to commit a crime that they would not have engaged in without the officer’s involvement.

Can Entrapment Be Used as a Defense?

Entrapment could serve as a legal defense in various criminal cases, such as those involving drug possession and distribution, prostitution, or possession of child pornography. If a defendant claims they were the victim of illegal police activity, the burden rests on them to prove, by providing a preponderance of evidence, that this was so. That is, the defendant must show that it was because of the officer’s inducement that they committed the crime and they were not predisposed to engage in criminal behavior.

Nevada applies the subjective entrapment standard when assessing whether or not the defendant has met their burden. Under this rule, the accused must prove that they did not readily give into the officer’s requests. However, if they can demonstrate their lack of predisposition, instead of the defendant being found not guilty, the burden then shifts to the prosecutor to show that the individual would have committed the crime regardless of law enforcement’s involvement.

Contact the Law Offices of Kenneth A. Stover for a Free Consultation

If a law enforcement official forced you to commit a crime you would not have carried out without their involvement, contact our team for skilled legal counsel. Backed by over 20 years of experience, we know how to thoroughly examine a case and explore all legal avenues to build a solid defense and fight charges. When you retain our services, we will be committed to protecting your rights and freedoms.

For effective legal counsel, call us at (775) 502-1575 or contact us online.