Arrests and Convictions can happen to anyone: How Nevada Statute and Case Law Apply and How Attorney Josh Tomsheck Can Help

Recent arrests and convictions involving high-profile figures often dominate the news, drawing attention to the legal consequences that follow criminal charges. From celebrities facing DUI arrests to theft and assault cases, these incidents provide insight into how different states handle criminal offenses. In Nevada, the legal landscape surrounding criminal cases is shaped by specific statutes and case law, making it essential to understand how these laws apply if you are facing similar charges.

In this blog post, we’ll examine real news stories of recent arrests and convictions, apply Nevada law and case law to similar situations, and highlight how Josh Tomsheck, a top Las Vegas criminal defense attorney, can help defend against such charges.

Case 1: Henry Ruggs III – DUI with Fatality

One of the most high-profile DUI cases in recent memory involves former Las Vegas Raiders wide receiver Henry Ruggs III. In November 2021, Ruggs was arrested after a high-speed crash in Las Vegas that resulted in the death of a 23-year-old woman. According to reports, Ruggs was driving at speeds exceeding 150 mph with a blood alcohol concentration (BAC) of 0.161%, more than twice the legal limit.

Nevada DUI Law: In Nevada, DUI offenses are governed by NRS 484C.110, which sets the legal BAC limit at 0.08%. However, the consequences of a DUI are much more severe when it results in injury or death. Under NRS 484C.430, DUI causing death or substantial bodily harm is a Category B felony, carrying a mandatory prison sentence of 2 to 20 years and fines up to $5,000.

Nevada law imposes harsh penalties on DUI cases involving fatalities and a conviction means mandatory prison time. In cases like this, the prosecution must prove that the defendant was driving under the influence and that their actions directly led to the fatal accident.

How Josh Tomsheck Can Help: For individuals facing serious DUI charges like Henry Ruggs, Josh Tomsheck offers expert legal representation. As an experienced Las Vegas DUI attorney, Josh can challenge the evidence, including the accuracy of breath or blood tests and the legality of the traffic stop. In cases involving accidents, he can also work with accident reconstruction experts to challenge the prosecution’s narrative and reduce or mitigate the penalties.

Case 2: Winona Ryder – Shoplifting Incident

Although this case occurred in 2001, actress Winona Ryder’s shoplifting arrest in Beverly Hills remains a well-known example of celebrity theft cases. Ryder was arrested for stealing more than $5,500 worth of merchandise from Saks Fifth Avenue. While the case did not take place in Nevada, shoplifting and retail theft continue to be common criminal charges.

Nevada Theft Laws: In Nevada, theft crimes are prosecuted under NRS 205.0832, which covers a range of property offenses. Theft of property valued at less than $1,200 is classified as petty larceny, a misdemeanor punishable by up to 6 months in jail and fines up to $1,000. Theft of property valued over $1,200 is classified as grand larceny, a felony punishable by 1 to 10 years in prison and fines up to $10,000.

Case law such as Clark v. State establishes that the prosecution must prove the defendant intended to permanently deprive the owner of their property. In Ryder’s case, intent was a central issue, with her defense team arguing that she was taking prescribed medications that impaired her judgment.

How Josh Tomsheck Can Help: If you are facing theft or shoplifting charges in Nevada, Josh Tomsheck can develop a defense strategy tailored to the specifics of your case. By examining the evidence and challenging whether the prosecution can prove intent, Josh can work to reduce the charges or negotiate a favorable plea deal. His deep knowledge of Nevada law allows him to provide the strongest possible defense for theft-related charges.

Case 3: DaBaby – Assault Charges

In a widely reported case, rapper DaBaby (real name Jonathan Kirk) was arrested in January 2020 after a physical altercation with a promoter in Miami, Florida. DaBaby allegedly assaulted the promoter over a payment dispute. Although DaBaby’s case occurred in Florida, Nevada has strict laws regarding assault and battery, and similar incidents in Las Vegas would result in serious criminal charges.

Nevada Assault and Battery Laws: In Nevada, assault is defined under NRS 200.471 as the unlawful attempt to cause physical harm or intentionally placing someone in fear of imminent harm. Battery, under NRS 200.481, involves the unlawful use of force or violence against another person. Penalties for these offenses vary:

Simple assault is a misdemeanor, punishable by up to 6 months in jail and a fine of up to $1,000.
Battery causing substantial bodily harm is a category “B” felony, and carries prison time of conviction occurs, as well as fines up to $5,000.

In Wright v. State, the Nevada Supreme Court outlined how the prosecution must prove the defendant’s intent to cause harm or act violently. For battery cases, the prosecution must also show that the contact was unlawful and resulted in physical harm.

How Josh Tomsheck Can Help: If you have been charged with assault or battery in Las Vegas, Josh Tomsheck can carefully review the evidence to determine if your rights were violated or if self-defense can be used as a defense. With a strong understanding of Nevada assault laws, Josh can build a comprehensive defense strategy that challenges the prosecution’s evidence and seeks to have charges reduced or dismissed.

Case 4: Lori Loughlin – College Admissions Scandal

In 2019, actress Lori Loughlin made headlines when she and her husband were charged in connection with the college admissions scandal. Loughlin was accused of paying $500,000 in bribes to get her daughters into the University of Southern California. Although this case occurred in California, it highlights the increasing scrutiny placed on white-collar crimes, such as bribery, fraud, and conspiracy.

Nevada Fraud Laws: In Nevada, fraudulent activities, such as bribery and conspiracy, are serious offenses prosecuted under NRS 199.480 (conspiracy to commit a crime) and NRS 205.377 (fraud and fraudulent practices). Convictions for fraud-related offenses can result in both civil and criminal penalties, including lengthy prison sentences and significant fines.

The Nevada case State v. Rowland demonstrates how conspiracy and fraud cases are prosecuted. The state must prove that the defendant knowingly and willingly participated in fraudulent schemes or conspiracies. These cases often involve complex financial transactions, making it critical to have a strong defense.

How Josh Tomsheck Can Help: White-collar crimes, such as fraud and conspiracy, require a sophisticated defense due to the complex nature of financial evidence. Josh Tomsheck has extensive experience defending individuals charged with fraud, conspiracy, and other white-collar crimes. He can dissect the prosecution’s case, challenge the evidence, and develop a strategic defense aimed at reducing charges or securing an acquittal.

How Nevada Law and Case Law Shape Criminal Defense

Nevada’s criminal statutes and case law provide the foundation for how arrests and convictions are handled in the state. From DUI and theft to assault and white-collar crime, understanding how these laws apply is crucial when defending against charges. Attorneys like Josh Tomsheck leverage Nevada’s statutes and case law to build strong defense strategies tailored to each client’s case.

Statutory Guidelines: Nevada law establishes strict penalties for various offenses, but there is often room for negotiation and alternative sentencing. Josh Tomsheck knows how to use these statutory guidelines to his clients’ advantage.
Case Law Precedents: Nevada case law provides valuable insights into how courts interpret criminal statutes. Josh applies key precedents to challenge the prosecution’s evidence, raise constitutional issues, or argue for reduced sentencing.

How Josh Tomsheck Can Help You

When facing criminal charges in Las Vegas, having a knowledgeable and experienced attorney is critical. Josh Tomsheck is a Nationally Board-Certified Criminal Trial Specialist with years of experience defending clients against a wide range of criminal charges. Whether you’re dealing with a DUI, theft, assault, or white-collar crime, Josh has the skills and expertise to provide you with the best defense possible.

Contact Josh Tomsheck today at (702) 895-6760 to schedule a consultation and learn how he can help you navigate the Nevada legal system and achieve the best possible outcome in your case.