Criminal Defense

Facing a domestic violence allegation is one of the most intimidating experiences a person can face. The consequences go far beyond criminal penalties. They can include a loss of close relationships or even a strong career.

To protect yourself from these life-altering punishments, you should learn as much as possible about the allegations against you. This knowledge includes preparing for court proceedings. You must understand certain aspects, such as the types of evidence prosecutors use in these cases.

This article is here to help you understand what those pieces look like. Read on to gain crucial insight to help you fight against domestic assault accusations.

Domestic Assault Law in Nevada

The state defines domestic violence as the intentional infliction of physical harm, emotional abuse, or intimidation by an intimate partner, family member, or household member.

That definition is broad, as it could include someone you briefly dated or a roommate with whom you have no outside relationship.

Domestic assault includes hitting, slapping, kicking, or any other form of physical aggression. It can also include threats of violence or intimidation.

Physical Evidence

This type of evidence can take many forms, including photographs of injuries, medical documentation, and DNA samples.

Strong physical evidence can be incredibly effective in a domestic abuse allegation. It can convince a judge or jury that tangible proof of the alleged harm exists.

However, physical evidence is not always available or reliable. This is particularly true in cases where a victim has no obvious injuries, or no physical evidence is left behind.

Defenses

Your attorney could challenge the admissibility of the evidence. For instance, the evidence could have been obtained through an illegal search.

Your lawyer could also present alternative explanations for the evidence. For example, if there are bruises on your partner's arm, they may have been caused by an innocent accident.

Witness Testimony

Witness testimonies serve to corroborate the victim's account. Witnesses can be anyone who observed the abuse. This includes family members, friends, neighbors, and coworkers. They may have seen or heard the abuse occur, noticed visible signs of abuse on the victim, or witnessed the perpetrator's behavior before or after the incident.

Prosecutors use testimony to add credibility to the victim's statements.

Defenses

Defense lawyers often question the credibility of the witness. This can involve pointing out inconsistencies in the testimony or uncovering a motive for lying.

Attorneys can also present physical evidence that contradicts the testimony, such as video, audio recordings, communication records, or medical reports.

Your lawyer may also be able to provide a solid alibi that shows you were not present when the crime occurred. This makes the witness appear unreliable.

Historical Documentation

This type includes any documentation, such as police reports or medical records, that indicates past incidents of abuse.

Historical documentation can support a victim's claims by providing a timeline of events and showing a pattern of behavior.

Prosecutors must be careful when using this evidence. Presenting these records in court makes them part of the public record, so your accusers must pay close attention to legal and ethical issues.

Defenses

Your lawyer may challenge the authenticity and reliability of the evidence. Doing so could mean arguing that specific documents are hearsay.

Attorneys may suggest that such documents were created under duress, and they are, therefore, unreliable.

Defenders could also present evidence that undermines the credibility of the record. They may question the documentation itself, claiming that the information is out of context. The documents could also contain inconsistencies that undermine the accuser’s account.

Domestic Assault Penalties in Nevada

Under Nevada law, domestic assault is typically classified as "battery domestic violence." This crime can be either a misdemeanor or a felony, depending on the details.

For misdemeanor battery domestic violence, the penalties can include up to 6 months in jail, fines of up to $1,000, and completing a domestic violence counseling program. Additionally, the court could enforce other conditions such as probation, community service, or restraining orders.

If the offense is charged as a felony, the penalties are more severe. Felony domestic battery can result in imprisonment ranging from 1 to 20 years, fines of up to $10,000, and the completion of a domestic violence counseling program. The court may also impose additional restrictions, such as probation and restraining orders.

Domestic Abuse

Legally, abuse and assault are not always the same thing. Domestic abuse includes verbal and emotional abuse, deceit and gaslighting, isolation, controlling behaviors, manipulation, etc.

Many of these behaviors, though immoral, are not necessarily illegal. Constantly belittling your partner, for instance, would not lead to an arrest.

Allegations of non-violent domestic abuse can still lead to legal consequences. Courts can order restraining orders against alleged abusers, giving the supposed victim a larger share of the marital assets in a divorce. Domestic abuse allegations can still greatly impact your life, and you should defend yourself against these accusations.

Every citizen is entitled to a strong defense against domestic violence allegations, and Law Offices of Kenneth A. Stover is here to help. If you are facing these allegations, contact us today by reaching out online or calling our office at (775) 502-1575.

When you’ve been accused of a crime, finding a good attorney should be your top priority. Considering the complexities involved in both state and federal proceedings, having an experienced professional by your side is invaluable.

From gathering evidence and developing strong defense tactics to managing interactions with prosecutors, an attorney can help take every possible step to build a compelling defense.

Here are some of the top reasons why hiring an attorney is necessary to help preserve your freedom.

The Benefits of Hiring a Skilled Criminal Defense Attorney

• Your attorney is a dedicated ally, and they will stand by you throughout the entire process.
• They have the legal knowledge and experience to navigate the complex criminal justice system and fight for your rights.
• They know how to tailor their defense strategies to fit your circumstances. A good attorney does not use a “one size fits all” approach.
• Attorneys may be able to negotiate plea deals, have charges reduced, or have charges dropped altogether, saving the need for a courtroom battle.

Your Rights as a Legal Client in a Criminal Defense Case

• The right to legal representation. This right is so sacred, the state will provide you with an attorney if you cannot afford to hire one.
• You have the right to a speedy trial. If you feel the state is dragging its feet or churning your case for whatever reason, your attorney can step in and help make sure everyone moves the process along.
• You have the right to remain silent. Exercise this right whenever possible. It may be necessary to give some basic information such as your name, address, date of birth, etc. Beyond that, you don’t have to answer any questions.

Your Responsibilities as a Legal Client in a Criminal Defense Case

• Following your attorney's advice
• Being truthful with your attorney
• Showing up to all court appearances

How to Choose a Criminal Defense Attorney

Not all attorneys are created equal. You want a lawyer who has knowledge, skill, and experience. They need to give you competent representation, and you need to make sure they are up to the task.

Start by researching attorneys in your area who focus on criminal defense. Many lawyers focus on personal injury, contract law, and other practice areas that will not help. If you simply look for a “lawyer,” you will find hundreds of people who are qualified attorneys, but they are not equipped to handle a criminal defense case.

Look for someone who has experience defending against your specific charges. Even if a lawyer is a defender, they generally focus on certain crimes. For instance, a lawyer who handles white-collar crimes may not be able to help someone accused of a violent crime.

Seek an attorney who is willing to take the time to explain the legal process and guide you through each step. You want to stay up to date, stay involved, and ask questions. An attorney who says, “Don’t worry about it, I’ll handle it,” is not keeping you involved, and they could make costly mistakes.

A good attorney will also be responsive to your questions and concerns and will work tirelessly to protect your rights. By taking the time to choose the right attorney, you can increase your chances of obtaining a positive outcome in your case.

Preparing for Your Meeting with Your Criminal Defense Attorney

• Come with a list of any questions and concerns you have, no matter how small.
• Be honest and transparent about all details of your case, including your past criminal history and any potential witnesses or evidence. The more your attorney knows, even the bad parts, the more they can build a strong case.
• Gather all relevant documents and information about your charges and arrest, such as police reports and witness statements. If you are missing anything, your attorney will let you know what else to get. Sometimes, they may be able to do it for you.

Questions to Ask When Choosing a Criminal Defense Attorney

1. Ask about their experience and track record with similar cases.
2. Inquire about their strategy for your case and how they plan to defend you. A competent attorney should have a well-thought-out approach that considers your situation.
3. Find out how available they will be during your case and how often they plan to update you on their progress. You want an attorney who is attentive and communicative.

If you’ve been accused of a crime, Law Offices of Kenneth A. Stover is here to help stand by your side and represent you in court. Free consultations are available, so reach out to us today by calling (775) 502-1575 or contacting us online.

A criminal record can significantly impact various aspects of your life, including employment opportunities, housing options, and even your relationships. However, in Nevada, individuals can expunge their criminal records, giving them a fresh start and a chance to rebuild their lives. This blog post will explore the benefits of expungement in Nevada and how it can positively impact your future.

Increased Employment Opportunities

One of the most significant benefits of expungement is its increased employment opportunities. With a criminal record, finding a job can be challenging, as many employers conduct background checks. Expunging your criminal record allows you to legally state that you have no criminal convictions, improving your chances of securing employment. It opens doors to a broader range of job opportunities and enhances your overall employability.

Improved Housing Options

Another crucial aspect affected by a criminal record is finding suitable housing. Many landlords conduct background checks on potential tenants, and having a criminal record can make it challenging to secure a rental property. Expungement allows you to present a clean record, increasing your chances of finding suitable housing options and ensuring a stable living environment for you and your family.

Restoration of Civil Rights

Expungement clears your criminal record and restores certain civil rights that your conviction may have impacted. These rights include voting, serving on a jury, and holding public office. By expunging your criminal record, you regain your full rights as a citizen, ensuring equal participation in civic activities and opportunities.

Enhanced Personal Relationships

A criminal record can strain personal relationships, impacting trust and causing difficulties building new connections. Expungement allows you to leave your past behind and focus on building healthy and meaningful relationships. It allows you to start fresh, free from the stigma associated with a criminal conviction.

Peace of Mind

Perhaps one of the most intangible but invaluable benefits of expungement is the peace of mind it brings. Knowing that your criminal record has been expunged and that you have a fresh start can alleviate stress and anxiety. It allows you to focus on your future and move forward confidently, knowing that your past mistakes no longer define you.

At the Law Offices of Kenneth A. Stover, we understand the importance of a fresh start. Our experienced team specializes in expungement services, helping individuals navigate the complex legal process and obtain a clean criminal record.

Contact the Law Offices of Kenneth A. Stover if you or someone you know is seeking a fresh start in Nevada!

One of the most difficult experiences you can face is a false domestic violence allegation. It can lead to feelings of humiliation, confusion, and panic.

Anyone in this situation must understand their legal rights, and they should study their options for a strong defense against these claims.

This article outlines some effective defenses against domestic abuse allegations that you should discuss with your attorney.

Lack of Evidence

In any criminal defense, it is important to challenge the evidence against the accused.

Many domestic violence cases rely on circumstantial evidence. This is indirect evidence that implies guilt without directly proving it. Your attorney may have methods for debunking such claims. They can analyze the credibility and reliability of the source, seek direct, contradictory evidence, and examine alternative explanations to the claims.

False Accusations

Here is an uncomfortable fact: Millions of people are falsely accused of domestic abuse every year. In 2020, a YouGov study concluded that over 20 million American experienced false allegations of domestic violence.

You need strong evidence to prove false allegations and discredit your accuser.

Effective evidence includes:

• Eyewitness testimony
• Security camera footage
• Character witness statements
• Phone and text message records
• Medical records (where the claim does not match the diagnosed injury)
• Physical evidence such as clothing or personal belongings (For instance, your accuser may claim that you used a household item as a weapon, but a forensic study could invalidate this argument.)

Self-Defense

This claim argues that you lashed out to protect yourself. For this defense to work, you must prove that you genuinely believed you were in danger at the time. Additionally, you must show that level of force you used was proportionate to the threat, and it was reasonable to neutralize that perceived threat.

Lack of Intent

In these cases, the defense argues that the alleged offender did not intentionally harm their partner or family member. For instance, they may have gestured wildly and accidentally hit the other person.

Such claims require strong evidence. Otherwise, they can degenerate into a “he said, she said” argument, and the jury must simply decide which person they believe.

Alibi

An alibi is a claim that you were not present or involved when a crime occurred. Alibis cast a strong doubt on the prosecution's case.

A good alibi is backed up by hard evidence. This can include:

• GPS history
• Video footage
• Witness statements
• Electronic communications that detail where you were at the time
• Any other documentation that shows your whereabouts, such as a receipt

Poor Mental State

These days, courts are more receptive to the fact that a bad mental state can result in bad behavior.

Mental states and illnesses that you can use in your defense include:

• PTSD
• Anxiety
• Depression
• Serious mental illnesses like schizophrenia or DID

For this defense to work, you must have evidence such as medical records or testimony from mental health professionals.

You should also be aware that a mental disorder defense doesn’t always end in a full acquittal. The suspect could be ordered to undergo intense treatment, up to and including a stay at a high-security mental institution.

Domestic Violence Penalties in Nevada

The penalties for battery domestic violence in NV depend on:

• The severity of the offense
• Whether it is a first-time or repeat offense

A first offense can result in up to 6 months in jail, a fine of up to $1,000, and 48 – 120 hours of community service.

A second offense within 7 years can result in a mandatory minimum of 10 days up to 6 months in jail, a fine of up to $1,000, and 100 – 200 hours of community service.

A third or subsequent offense is considered a felony and can result in 1 to 5 years in prison and a fine of up to $10,000.

Aggravating factors such as the use of a deadly weapon or substantial bodily harm can result in more severe penalties.

If you’ve been accused of domestic battery, Law Offices of Kenneth A. Stover is here to help. For a free consultation, reach out to our office online or call us at (775) 502-1575.

Legalese sounds odd to the untrained ear. Certain phrases make sense to legal professionals, but they feel weird in casual speaking and writing. It’s easy to hear words that are used frequently and still have a hard time understanding exactly what they mean.

You've probably heard the term "probable cause" used in the news or legal shows, but it may be hard to pin down exactly what this phrase means. More importantly, it can be difficult to understand why probable cause is so important.

Law enforcement officials cannot accuse you without a reason. They need enough evidence to justify an arrest, conduct a search, or obtain a warrant. This evidence is called “probable cause.” The Fourth Amendment to the United States Constitution requires probable cause before police issue a warrant or conduct a search.

Probable cause can be small. It could be as simple as an officer seeing a swerving driver. This is enough probable cause to pull the driver over. Alternatively, probable cause can be enormously complex. Before arresting someone for financial fraud, for instance, police may conduct a thorough investigation that could take months or even years.

Without strong probable cause, authorities can easily lose their case against a suspect. Even if the police are right about their accusations, a case could be thrown out if the arrest had weak probable cause.

Here are some examples of how probable cause can lead to searches. If you are facing criminal charges, these examples may apply to your case. Even if you are not facing any criminal allegations, you should take this information seriously, as it could help protect you against civil rights violations in the future.

The Role of Probable Cause in a Property Search

Probable cause plays a critical role in property searches. Law enforcement must have sufficient evidence that a crime has been committed, and the property is likely to contain evidence of the crime.

For example, imagine the police believe that someone is selling drugs out of their house, and they want a search warrant. To obtain the warrant, the police must convince a judge that they have probable cause. Evidence may include surveillance footage, witness statements, communication records, or other relevant information. If the judge finds that probable cause exists, they may issue a warrant that allows law enforcement to search the property.

Without probable cause, any search of your property is considered unreasonable and a violation of your Fourth Amendment rights.

Probable Cause in a Vehicle Search

Probable cause is equally important in a vehicle search. While not as important as your home, your car is still private property, and the police cannot simply rummage through it for no reason.

First, officers must have probable cause to stop a car. For instance, if someone is driving erratically, an officer would have probable cause to pull that driver over. If the officer then sees something illegal through the window, they would have probable cause to search the rest of the vehicle.

If the police do not have probable cause to search your car, and you do not consent to a search, then legally, they have no right to go through your vehicle. Any evidence collected in this situation cannot be used against you in court.

Make sure to talk to an attorney whenever the police rifle through your car. If there are Fourth Amendment violations present, your attorney may be able to spot them and hold the offending officers accountable.

Challenging Probable Cause in Court

To challenge an officer’s probable cause, your attorney must question the evidence itself. They will attempt to prove that it was invalid, incomplete, biased, etc.

Your lawyer must present evidence and arguments that prove that probable cause was not present in your case. If successful, challenging probable cause can result in the suppression of evidence. This means that the evidence leading up to a wrongful search or arrest will be removed from the case. Sometimes, a lack of probable cause will force the judge to completely throw a case out.

If you believe you’ve been the victim of a wrongful search or arrest, contact Law Offices of Kenneth A. Stover at (775) 502-1575 or fill out our online form. We may be able to schedule a free case consultation with you right away.

Going to court for the first time can be a frightening prospect, especially when it is for criminal allegations. Many people have no familiarity with this situation, making it all the more intimidating.

If you are facing criminal charges proper planning can help you stay calm throughout the process, and it could increase your chances of success.

To help you gain clarity about what lies ahead, let’s take a look at how you should prepare for your initial criminal court hearing.

Dress Professionally

You may feel inclined to showcase your personality through appearance, but this is not the time for that.

Instead, opt for a neutral and conservative outfit that doesn't draw too much attention. Covering any body modifications, like tattoos or piercings, will help you appear respectful and responsible. Leave any hats at home, and don’t wear something with a logo or loud colors.

Make sure your behavior fits the tone of the situation. It may seem like a small detail, but even something as simple as chewing gum can come off as unprofessional.

Allow Yourself to Be Nervous

Your first time in criminal court can be a nerve-wracking experience. It's normal to feel a sense of anxiety and apprehension.

You may find yourself struggling to form coherent thoughts or words when your nerves get the best of you. Common physical symptoms associated with nervousness include a dry mouth, getting tongue-tied, or growing flustered.

A judge understands this fact, especially if you’ve never dealt with this experience before. Allow yourself to feel nervous, apologize if you mess up, but keep moving. If you focus on the sensations, you may start to get anxious about trying to overcome them, and that only makes the situation worse.

To effectively calm your nerves, take a deep breath and compose yourself. Remember, you are not alone, and many people have gone through this experience.

Remain Polite

If it's your first time in criminal court, you want to make a good impression. Be polite to everyone you come across, from the clerk to the prosecuting attorney. When it's time to enter your plea, speak clearly and loudly, so the judge can hear you. Always respond to the judge with "Yes, your honor" or "No, your honor."

Most importantly, do not disrupt or interrupt the judge or anyone else in the courtroom. Speak only when spoken to, and remember to remain respectful and attentive throughout the proceedings.

Be Punctual

A late arrival delays the proceedings and irritates the judge.

Keep in mind that the judges maintain a busy schedule. You are just one of many cases they are hearing that day. They have no personal connection to you, and lateness could turn their attitude toward you sour.

Take whatever steps you need to arrive early. Give yourself plenty of time to get ready, find parking, or navigate public transportation. Don’t schedule anything before or immediately after the hearing. Make it your top priority for that day.

Take Responsibility

The judge has seen it all before, and they’ve heard every excuse in the book.

Whatever the case, remain honest and take responsibility for your actions. A judge will appreciate the integrity of your honesty, and they will be annoyed at any attempts to deflect responsibility.

When you are truly innocent, explain yourself calmly and rationally, and stick to the facts. The judge may cut you off, or they might not believe anything you say. Either way, speak when spoken to, stay focused on the facts, and do your best.

Remember that you have a right to legal representation. Your attorney can step in whenever a judge or accuser steamrolls you or cuts you off.

Law Offices of Kenneth A. Stover is ready and willing to help you seamlessly survive this challenging time. Contact us by calling (775) 502-1575 or filling out our online contact form today.

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.