Blogs from May, 2021

Unfortunately, many people suffering from substance abuse or addiction are charged with various drug crimes in Nevada. However, criminal courts throughout the state understand these individuals would greatly benefit from rehabilitation services to help them overcome their dependency on drugs.

In 1995, the Second Judicial District Court established the Adult Drug Court—which was the first Special Court in the district—in 1995. Anyone who is facing a first offense of either misdemeanor possession, felony possession, or unlawful drug use, and diagnosed with a substance abuse disorder or co-occurring disorder is eligible for this program.

A defendant must first plead guilty to their charges, then the Court will sentence them to probation with a condition to participate in and successfully complete an alcohol or substance treatment program, which includes outpatient counseling, as well as educational and employment training opportunities. If the defendant successfully completes the program, the Court will set aside their judgment of conviction.

Defendants are required to attend outpatient rehabilitation and an education treatment program, submit to random drug testing, and regular court hearings to monitor progress. The program generally lasts up to one (1) year.

The following are the outcomes of the Adult Drug Court in the Second Judicial District’s General Jurisdiction Division (as of September 2020):

1. Approximately 284 participants have participated in Adult Drug Court

2. 81 percent of graduates have remained arrest-free since 2004

3. Graduation rates surpass 50 percent, which is the national standard

The main benefit of the program is serving no jail time. Upon completion, the drug charge will be dismissed and the criminal record will remain clean.

However, if a defendant fails to meet any of the conditions of the program, then they may be convicted of their original charge and face jail time. However, it is not uncommon for judges to give defendants a second chance and punish non-compliance by ordering a short jail sentence, house arrest, community service, or increased judicial supervision.

If you are facing a drug possession charge in Reno, contact the Law Offices of Kenneth A. Stover today and schedule a free consultation. Our former prosecutor has more than 25 years of experience fighting serious criminal charges.

In Nevada, assault and battery are violent crimes that are punishable by harsh criminal penalties. However, these charges can be enhanced if certain aggravating factors are evident.

Aggravated Assault

According to NRS 200.471, simple assault is defined as intentionally attempting to use force against someone else or placing that individual in reasonable fear of imminent injury. This type of assault is a misdemeanor, which carries a maximum jail term of six (6) months and/or a fine of no more than $1,000.

However, simple assault is elevated to aggravated assault if the offense is committed against a police officer, firefighter, healthcare provider, or any other person from a “protected class.” This type of aggravated assault is a gross misdemeanor, punishable by a maximum jail sentence of 364 days and/or a fine not exceeding $2,000.

If a defendant was on probation, on parole, in custody, or in prison when he/she committed simple assault, then the offense is also considered aggravated assault. This offense is a Category D felony, which carries a maximum prison sentence of four (4) years and/or a fine of up to $5,000.

Lastly, simple assault is elevated to aggravated assault if the offense involves a deadly weapon, such as a firearm or a knife. Aggravated assault involving a deadly weapon is a Category B felony, punishable by imprisonment of up to six (6) years and/or a maximum fine of $5,000.

Aggravated Battery

According to NRS 200.471, simple battery means intentionally touching someone else in an unlawful manner. In other words, assault leading to physical contact is considered battery.

However, simple battery becomes aggravated battery when a person suffers substantial injury or is strangled. This offense is a Category C felony, punishable by imprisonment for up to five (5) years and/or a fine of up to $10,000.

If a defendant was on probation, on parole, in custody, or in prison when he/she committed simple assault, then the offense is also considered aggravated battery. This offense is a Category B felony.

Simple battery is elevated to aggravated battery if the offense is committed against a police officer, firefighter, healthcare provider, or any other person from a “protected class”. This offense is a Category B felony.

If you or a loved one has been charged with aggravated battery in Reno, contact the Law Offices of Kenneth A. Stover today and schedule a free consultation. Let a former prosecutor protect your rights and freedom.