Blogs from May, 2023

Understanding the difference between different legal terms can be confusing, especially if you’re not a legal professional. For instance, people assume that manslaughter is any accidental killing, so they may be confused by a term like “voluntary manslaughter.”

Let’s take a closer look at both forms of manslaughter to help you better understand the legal differences between them.

Defining Voluntary Manslaughter

Essentially, in a voluntary manslaughter charge, there is an intent to harm someone but not necessarily an intent to kill.

A common example of voluntary manslaughter would be a case where a person finds their spouse in bed with another individual. In the heat of the moment, this person allegedly beats them both to death. The killer means to cause harm, but they act from a sudden and intense emotional response. They may realize the extent of the damage they are inflicting during the onslaught. A court could determine that the incident was not premeditated and charge them with voluntary manslaughter.

Defining Involuntary Manslaughter

Involuntary manslaughter is causing the death of another person through reckless or negligent behavior. In essence, the offender was doing something they should not have been doing, and someone else died as a result.

To be clear, accidental death is not the same thing as manslaughter. For example, suppose a driver is traveling within the speed limit and following all traffic rules. Suddenly, a pedestrian appears from between parked cars, and the driver is unable to stop in time. The driver's actions are not intentionally harmful, nor are they negligent. Therefore, the driver should not be accused of manslaughter.

Examples of involuntary manslaughter include:

• Mishandling a weapon
• Driving under the influence
• Leaving a child unattended in a dangerous situation

Penalties for Voluntary Manslaughter in Nevada

In the state, voluntary manslaughter is a Category B felony punishable by 2 – 15 years in a state prison and a fine of up to $10,000.

If the victim is a police officer, firefighter, or emergency medical services personnel, the penalty is a minimum of 5 years and a maximum of 20 years in prison and a fine of up to $20,000.

The court may also order the offender to pay restitution to the victim's family or other dependents. These fine covers the costs of the death, such as funeral expenses or medical bills.

Penalties for Involuntary Manslaughter in Nevada

Involuntary manslaughter is a Category D felony in the state, punishable by 1 -4 years in a state prison and a fine of up to $5,000.

Once again, penalties increase when the victim is a firefighter, police officer, or emergency medical services worker. The penalty will increase to a minimum of 2 years and a maximum of 20 years in prison, but the fine remains at $5,000.

If the offender used a deadly weapon with no intent to kill, they could face an additional consecutive sentence of 1 to 20 years in prison.

The court can also order financial restitution for the victim's family, just as it would in a voluntary manslaughter charge.

Law Offices of Kenneth A. Stover is here to help defend you against a manslaughter charge. If you are facing these accusations, contact us for a free consultation. You can call us at (775) 502-1575 or contact us online.

As a resident of Nevada, it is essential to be aware of your rights when it comes to unlawful search and seizure in drug possession cases. The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures by law enforcement officers. This means that if the police conduct an unlawful search and seizure, any evidence obtained may be deemed inadmissible in court. In this blog, we will discuss the key aspects of challenging unlawful search and seizure in Nevada drug possession cases, and how to protect your rights.

Understanding the Fourth Amendment

The Fourth Amendment of the United States Constitution states that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." This amendment serves as a safeguard against arbitrary and invasive actions by the government.

When Does a Search and Seizure Become Unlawful?

There are specific circumstances under which a search and seizure may be deemed unlawful. Some of these situations include:

• When law enforcement officers conduct a search without a valid warrant
• When the search goes beyond the scope of the warrant
• When the police lack probable cause to conduct a search
• When the police use excessive force or other illegal means to obtain evidence

It is crucial to note that not all searches and seizures require a warrant. For example, if the police have probable cause to believe that a crime is being committed, they may conduct a search without a warrant. However, if the search is conducted without a warrant and without probable cause, it may be deemed unlawful.

Challenging Unlawful Search and Seizure in Nevada Drug Possession Cases

If you believe that your rights have been violated through an unlawful search and seizure, it is essential to take the following steps:

1. Document the incident: Gather as much information as possible about the search and seizure, including the names of the officers involved, the date and time of the incident, and any witnesses who may have been present.
2. Consult with an experienced criminal defense attorney: An attorney who specializes in criminal defense and has experience with drug possession cases in Nevada will be able to evaluate your case and determine if your rights have been violated.
3. File a motion to suppress evidence: If your attorney determines that your rights have been violated through an unlawful search and seizure, they may file a motion to suppress the evidence obtained during the search. If the motion is granted, the evidence may be deemed inadmissible in court, which could lead to the dismissal of the charges against you.

If you are facing drug possession charges in Nevada and believe that your rights have been violated through an unlawful search and seizure, it is crucial to seek legal representation as soon as possible. At the Law Offices of Kenneth A. Stover, we have over 25 years of experience in handling criminal defense cases, including those involving drug possession charges and unlawful search and seizure. We will work tirelessly to protect your rights and ensure that you receive the best possible outcome in your case. Contact us today to schedule a consultation and discuss your legal options.

Facing a battery accusation is an intimidating experience, both in the immediate moment and down the line. Luckily, there are some effective strategies and defenses you can use if you find yourself facing battery or assault charges.

Here are some common defense strategies against battery accusations that you can discuss with your attorney.

Self-Defense

If you acted in self-defense, then you may be able to use this fact as a defense against battery. For example, if someone with bad intent runs at you, and you hit them first, this is a justifiable use of force.

Self-defense involves using reasonable force to protect yourself or others from harm or danger. You must also have a good reason to believe you were in danger, even if you later discover you made a mistake.

Consent

People have the right to agree to physical contact, even if it’s violent. For instance, people can agree to mutual combat, legally protecting one another from battery charges.

In a battery defense, consent refers to individuals voluntarily engaging in a violent activity. There are, however, limitations to this defense’s validity.

Consent can be nullified if:

• It was coerced.
• One party used overwhelmingly violent force or did not stop the assault after they had clearly won.
• The individual could not give informed consent. This is true whether they were mentally deficient, mentally ill, or simply intoxicated.

Lack of Intent

A valid battery charge requires the intent to cause harm. If you did not mean to hurt the alleged victim, you may be able to use this fact in your defense. For example, perhaps you accidentally trip and bump into someone, causing them to fall.

This defense can be difficult to prove. The prosecution may argue that the accused should have known that their actions would cause harm, even if the whole affair was an accident. Work closely with your attorney on this strategy. A skilled lawyer can debunk the prosecution’s claims and shed light on the truth.

False Allegations

With this defense, you must gather evidence that proves that the accusations are false. Otherwise, the entire argument degenerates into “he said, she said.”

Strong evidence of a false accusation includes:

• Documentation
  • Medical reports can provide evidence of the extent of the injuries involved. This could be for your injuries or your accuser’s. If the records don’t match the accusation, this can help establish your innocence.
• Physical Evidence
  • This is anything that might support your version of events, such as bruises or scrapes (or lack thereof).
• Witness Statements
  • If there were any witnesses to the incident, ask them to provide written statements about what they saw. Their statements can help provide evidence of what actually happened.
• Surveillance Footage
  • If the alleged incident occurred in a public area, check for any video footage from the time and place.

False battery accusations can have serious consequences for the accuser, including perjury charges.

Penalties for Battery in Nevada

Battery is defined as the intentional, violent use of force on another person.

In Nevada, battery is a serious crime with severe consequences. These penalties vary depending on the severity of the offense.

For a first-time offense, the accused could pay fines of up to $1,000 and spend up to 6 months in jail.

If the crime involved the use of a deadly weapon or resulted in significant bodily harm, the penalties can be much more severe. The alleged offender can face 5 years in prison and fines up to $10,000.

Remember, every case is unique, and the available defenses depend on the specifics of your case. You consult with Law Offices of Kenneth A. Stover and discuss your options. To reach us, fill out our online contact form or call us now at (775) 502-1575.