Blogs from January, 2022

The legal system is complicated and varied when it comes to acts of violence against another person, and reasonably so. Crimes of this nature are categorized in different ways, such as assault and battery, and the consequences are relative to the nature of the crime. However, there are situations in which people must behave in a violent nature against another person for their own protection. How are acts of self-defense differentiated from other acts of violence in a court of law?

Defining Self-Defense

The line between self-defense and assault is thin when someone is in a physical fight with another person. For someone being physically attacked, retaliating with violence may be their only option to avoid serious injuries. Self-defense is defined as defending one’s body or interests through physical force, which is allowed as a defense to violent crime charges in certain cases. Violent acts in the name of self-defense are legal in Nevada if:

• Someone reasonably believes the person they are defending themselves against poses an immediate threat to their physical well-being
• The force inflicted against an aggressor is an appropriate and reasonable amount relative to their threat

Sometimes, an act of self-defense results in the death of the aggressor. It is legal for someone to kill for self-defense in the state of Nevada if the situation meets the following conditions:

• The aggressor presented a clear and urgent danger
• The danger included major bodily harm and/or death
• Any reasonable person would have feared for their life and physical safety in the same situation.
• The person claiming self-defense did not act solely out of revenge.

Fear of injury alone is not enough to justify killing someone in Nevada. A killing can only be justified by a claim of self-defense if the person faced an immediate threat of being seriously injured or killed themselves.

You Can Stand Your Ground in Nevada

Some states require victims to attempt escaping their aggressor before a killing in self-defense can be considered legal. However, Nevada citizens are allowed to stand their ground if they are in a situation that causes them to reasonably fear for their lives, even if they are presented with an opportunity to escape. For someone to stand their ground legally, the following conditions must be met:

• The person claiming self-defense did not initiate the confrontation
• The person claiming self-defense has a reasonable fear the aggressor would kill or seriously injure them
• The person claiming self-defense had the right to be at the location they used deadly force, such as their home
• The person claiming self-defense was not committing a crime when they used deadly force

What is Assault?

The state of Nevada defines assault as an act of attempted violence with the intent of harming another individual. A court must prove the following elements to convict someone of assault:

• The accused individual illegally tried to use physical force against someone
• The accused individual intentionally put someone in a position to become physically injured
• The accused individual’s actions caused someone to have a reasonable fear of bodily harm

Someone’s actions can only be considered an assault in a court of law if no physical contact was made. When a person attempts to injure someone else and makes a physical connection with them, their actions are considered battery, not assault.

Assault can be charged as either a misdemeanor or felony depending on the circumstances. Assault is charged as a misdemeanor when it is considered simple assault, which is when someone threatens another person with violence. Aggravated assault is a felony charge and becomes applicable when someone threatens violence using a deadly weapon.

Assault Consequences

The legal consequences of an assault conviction can be severe depending on the circumstances surrounding the crime itself. Penalties for a simple assault include:

• A jail sentence up to 6 months long
• A fine worth $1,000 or less

Penalties for aggravated assault include:

• A prison sentence between 1 and 6 years long
• A fine of $5,000

Knowing the Difference

The lines between assault and self-defense can become blurred, especially considering the serious nature violent crimes are litigated in. However, the conditions that need to be met for an act of violence to be considered self-defense are very specific. Comparing the circumstances of a violent act to these conditions can help determine whether self-defense is a realistic defense.

• For someone to legally commit a violent act in self-defense, they must have been the recipient of an imminent threat of harm.
• For a use of force in self-defense to be justifiable, it must be proven that it was in response to a similar use of force that would result in injury or death.
• The use of force must be of an appropriate level and no greater than the initial force from the aggressor. For example, if an aggressor attacks someone with a deadly weapon, it would be appropriate for someone to respond with a similar weapon for self-defense.

We Can Help

If you have been charged with an assault but believe you acted in self-defense, contact the Law Offices of Kenneth A. Stover today. With over 25 years of experience working in the justice system, our attorney can help determine the best line of defense for your case and work towards having your charges lowered or dropped. An assault charge can be life-altering, which is why our firm will work with empathy to guide you through the legal process.

Reach out online or at (775) 502-1575 for a free consultation today.

Theft is one of the most frequently committed crimes and has a wide range of consequences for someone who is convicted. Considering that almost anything can be stolen, there are various classifications for theft crimes in the legal system. The charges a person will receive depend entirely on the nature of the specific theft they are being accused of. Someone can receive felony charges in certain severe situations, and those charges have the potential to be life-altering if a conviction is made.

Defining Theft Through the Law

Theft is a broad term used to describe the many crimes involving a person stealing property that does not belong to them. The legal definition describes theft as intentionally taking property from another person or entity without consent and with the intent to deprive that person of its benefits. Different types of theft crimes include:

• Embezzlement: This charge applies when someone who is given the responsibility of handling money for someone else or for a business takes that money for their own use without permission. Embezzlement is most commonly committed by employees who have access to their employer’s finances.
• Extortion: A person has committed extortion when they take personal items or money from another person by intimidating or threatening them. The threats do not need to be carried out immediately and can include actions such as physical harm, exposing someone’s secrets, accusing someone of a crime they did not commit, and damaging their property.
• Larceny: Larceny is the crime many people think of when they hear the word theft. It involves taking someone’s property with the intent to deprive them of that property permanently. Larceny is a specific crime under the umbrella of theft because it is only applicable in situations involving tangible property, such as jewels or home goods.
• Burglary: Burglary is a serious crime that involves entering someone’s property without permission with the intent to steal things, harm them, or commit another felony crime. Burglary is not limited to private homes and can include entering property such as stores, cars, boats, and other structures.
• Robbery: This charge can be brought upon anyone who takes property from another person by using force such as violence or intimidation. Verbal threats and violent physical contact without a weapon are examples of force that can lead to robbery charges. Robbery is elevated to armed robbery when a weapon is used.
• Deception: A person has committed a theft through deception if they have tricked another person into giving them their personal property. For example, if someone asks to borrow their friend’s bike with the intention of keeping it, it would be classified as “larceny by trick.”

Theft crimes can also be classified based on the value of what was stolen. This method of classification includes petty theft and grand theft.

• Petty theft, also known as petit larceny, occurs when someone steals property valued at less than $1,200. Convictions for this crime in the state of Nevada are misdemeanors.
• Grand theft, also known as grand larceny, occurs when someone steals property valued at more than $1,200. This crime is a felony in the state of Nevada.

Theft as a Felony Charge in Nevada

Theft crimes that are more serious or involve high-value property will be charged as felonies in the state of Nevada. For example, if a theft crime involves stealing a vehicle or a firearm, the crime automatically becomes a felony. Felony charges for theft crimes in Nevada are broken down as follows:

• Class D Felonies: Theft crimes are considered Class D felonies when the value of stolen property exceeds $1,200 but is less than $5,000. The penalties for a Class D felony include a prison sentence between 1 and 4 years long as well as a fine that can be worth as much as $5,000.
• Class C Felonies: Class C felony theft occurs when someone steals property or services that are worth at least $5,000 but no more than $25,000. The penalties for Class C felonies include a prison sentence between 1 and 5 years long as well as a fine that can be worth up to $10,000. It is worth noting that the first offense of stealing a vehicle is also a Class C felony regardless of how much the vehicle was worth at the time it was stolen.
• Class B Felonies: Class B felony theft has different consequences depending on the specific nature of the crime that was committed. If someone steals more than 1 vehicle within a span of 5 years, they can receive a prison sentence between 1 and 6 years long as well as a fine of up to $5,000. If someone steals property worth more than $25,000 but less than $100,000 or if they steal a firearm of any value, they can receive a prison sentence between 1 and 10 years as well as a fine of up to $10,000. If they steal more than $100,000 worth of property, they can receive up to 20 years in prison as well as a fine of $15,000.

Theft Results in Civil Penalties

Someone convicted of a theft charge may face civil penalties in addition to criminal penalties. Civil penalties make the convicted party responsible for paying for the other party’s losses. In Nevada, someone who is convicted for shoplifting may have to pay the owner of the store for the value of what was stolen, damages between $100 and $250, any fees associated with creating the lawsuit, and attorney’s fees within reason.

Restitution

Nevada law requires anyone convicted of theft to pay restitution to the person the theft was committed against. Restitution is money paid specifically to people crimes are committed against in order to bring them back to the position they were in before the crime took place.

Defending a Theft Crime

A talented and experienced attorney can help someone facing theft charges defend their position in a court of law. The following defense strategies are frequently implemented by attorneys litigating theft cases:

• Lack of intent: If the defense is able to prove that the person accused of theft did not intend to steal the other party’s property or intend to keep it, then that person cannot be convicted.
• It was a gift: Sometimes, people give gifts they decide to revoke later as revenge or due to regret. If it can be proven that the property in question was given to the defendant, they cannot be convicted of theft.
• Authorized use: If someone had a reasonable belief that they were authorized to use and possess the property in question, it can be used as a defense to accusations of theft.

Our Attorney Can Help

The Law Offices of Kenneth A. Stover can help anyone who has been accused of theft and is facing criminal charges. The legal process can feel overwhelming but having our experienced legal counsel on your side will help assure you have the best chances of lowering your charges or having them dropped. We will ensure you are aware of your rights and know what to expect when facing the legal system. Reach out for a free consultation today online or at (775) 502-1575.