Criminal Defense Attorney

False Allegations of Domestic Violence in Nevada: How to Fight Back

February 17, 2025 | Hofland & Tomsheck

False Allegations of Domestic Violence in Nevada: How to Fight Back

Domestic violence charges in Nevada carry serious legal consequences, including jail time, mandatory counseling fines, and a permanent criminal record. They also carry “collateral consequences” that jeopardize employment options, second amendment (firearm) rights, child custody cases in family court and even immigration issues. Unfortunately, false allegations of battery domestic violence (BDV) are more common than many people realize. These accusations can stem from revenge, child custody disputes, divorce proceedings, or even misunderstandings.

If you have been falsely accused of domestic violence, you must take immediate action to protect your freedom, reputation, and future. A strong legal defense led by Josh Tomsheck, a board-certified criminal defense attorney, can help you fight back against false accusations.

How Prior Domestic Violence Convictions Affect Sentencing in Nevada

October 8, 2024 | Hofland & Tomsheck

How Prior Domestic Violence Convictions Affect Sentencing in Nevada: Case Studies and Legal Consequences

Domestic violence charges in Nevada are taken very seriously, with harsh penalties that escalate with each subsequent conviction. Nevada’s legal system imposes increasingly severe sentences for individuals who have prior domestic violence convictions, and the impact of a criminal record in these cases can be long-lasting and life-altering. Understanding how prior convictions affect sentencing is essential for anyone facing domestic violence charges in Nevada, especially in Las Vegas, where court systems are known to handle a high volume of these cases.

Attorney Josh Tomsheck, a nationally board-certified criminal defense attorney at Hofland & Tomsheck, has defended numerous clients with prior domestic violence convictions, helping them navigate the complexities of Nevada’s sentencing laws. In this blog post, we will explore how prior convictions affect sentencing for domestic violence offenses in Nevada, provide case studies to illustrate the legal consequences, and discuss strategies for mitigating the impact of a criminal record.

The Difference Between White Collar Crimes in Nevada State and Federal Court

October 6, 2024 | Hofland & Tomsheck

The Difference Between White Collar Crimes in Nevada State and Federal Court

White-collar crimes, often associated with fraud, embezzlement, bribery, and financial deception, carry serious legal consequences in both Nevada state and federal courts. While these crimes generally involve non-violent, financially motivated conduct, the complexity of prosecuting them differs depending on whether the case is handled by state or federal authorities. Understanding the distinctions between white-collar crimes prosecuted in Nevada state courts versus federal courts is critical for anyone facing charges or seeking to avoid potential legal pitfalls.

This blog will explore key differences between state and federal white-collar crimes, the penalties for each, and why having an attorney who is licensed to practice in both jurisdictions, such as Josh Tomsheck of Hofland & Tomsheck, is essential for mounting a strong defense.

How Misunderstandings Can Lead to Battery Domestic Violence Charges in Nevada

October 4, 2024 | Hofland & Tomsheck

How Misunderstandings Can Lead to Battery Domestic Violence Charges in Nevada: A Closer Look at Las Vegas BDV arrests and Defense Strategies

In Nevada, battery domestic violence (BDV) is a serious crime with life-changing consequences. However, not every charge of domestic violence is clear-cut. In fact, many cases stem from misunderstandings, miscommunications, or heightened emotions during tense moments. Unfortunately, Nevada law mandates immediate arrests in domestic violence cases when officers believe there is probable cause. This can lead to innocent individuals being arrested and facing significant legal battles. In Las Vegas, Attorney Josh Tomsheck has extensive experience defending clients against domestic battery charges that arise from misunderstandings. His legal expertise routinely results in dismissals, ensuring that clients do not suffer unjust consequences.

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How Misunderstandings Lead to Domestic Violence Charges

Understanding the Difference Between Assault and Battery Under Nevada Law

October 2, 2024 | Hofland & Tomsheck

Understanding the Difference Between Assault and Battery Under Nevada Law

In Nevada, the terms “assault” and “battery” are often used interchangeably in everyday conversation, but they have distinct legal meanings and consequences. Knowing the difference between these two offenses is crucial, especially if you or someone you know is facing criminal charges related to either. This blog post will explore the definitions of assault and battery under Nevada law, their respective penalties, and common defenses that may apply to each charge. We’ll also provide references to the relevant Nevada Revised Statutes (NRS) to help you better understand the legal framework surrounding these crimes.

What is Assault Under Nevada Law?

How to Get Lower Bail or an Own Recognizance Release in Nevada

September 26, 2024 | Hofland & Tomsheck

How to Get Lower Bail or an Own Recognizance Release in Nevada

Facing criminal charges and the possibility of spending time in jail while awaiting trial can be a daunting experience. For many, the ability to secure bail or an own recognizance (OR) release can make a significant difference in preparing a strong defense and maintaining normalcy during the legal process. In Nevada, the laws governing bail and release are primarily found in NRS Chapter 178. Understanding these laws and how to effectively argue for a reduction in bail or an OR release is crucial for anyone involved in the criminal justice system. In this blog post, we will explore the options for obtaining lower bail or an OR release, the factors the court considers, and how an experienced attorney like Josh Tomsheck can help you achieve the best possible outcome.

Understanding Bail and Own Recognizance Release

How to Build a Defense for a Felony Residential Burglary Charge in Nevada

September 24, 2024 | Hofland & Tomsheck

How to Build a Defense for a Felony Residential Burglary Charge in Nevada

Being charged with felony residential burglary in Nevada is a serious matter that carries harsh penalties, including lengthy prison sentences and hefty fines. Nevada law defines burglary as entering a building with the intent to commit a felony or theft, making it one of the most severe property crimes in the state. When the crime involves a residential property, the stakes are even higher, as the charge is classified as a felony that can lead to significant long-term consequences.

If you or a loved one is facing felony residential burglary charges in Nevada, it is crucial to build a strong defense strategy to protect your rights, freedom, and future. At Hofland & Tomsheck, attorney Josh Tomsheck, a Nationally Board-Certified Criminal Trial Specialist, has extensive experience defending clients against serious charges like felony burglary. This blog post outlines how a defense for a residential burglary charge is built and how Josh Tomsheck can help you navigate this difficult legal process.

The Difference Between Residential Burglary and Home Invasion in Nevada: Understanding Nevada Law After 2020

September 22, 2024 | Hofland & Tomsheck

The Difference Between Residential Burglary and Home Invasion in Nevada: Understanding Nevada Law After 2020

In Nevada, both burglary and home invasion are serious criminal offenses that carry significant legal consequences. While these crimes both involve entering a building or dwelling unlawfully, the distinctions between them under Nevada law are important to understand. After the 2020 changes to Nevada law, the definitions and penalties for burglary and home invasion have been clarified, and understanding these distinctions can be critical when facing charges for either offense.

This blog will explore the key differences between burglary and home invasion under Nevada law post-2020, discussing the legal definitions, elements of each crime, penalties, and how a skilled defense attorney like Josh Tomsheck at Hofland & Tomsheck can help protect your rights if you are facing charges for either offense.

The United States Sentencing Commission’s 2023 Changes to Federal Sentencing Guidelines: Impact on Nevada Federal Court Cases

September 20, 2024 | Hofland & Tomsheck

The United States Sentencing Commission’s 2023 Changes to Federal Sentencing Guidelines: Impact on Nevada Federal Court Cases and How Josh Tomsheck Can Help

On November 1, 2023, the United States Sentencing Commission (USSG) implemented significant updates to the Federal Sentencing Guidelines, reshaping how federal courts sentence individuals for crimes across the U.S., including in Nevada. These changes, aimed at enhancing fairness and addressing sentencing disparities, affect numerous types of federal offenses, such as drug trafficking, firearm violations, and white-collar crimes. For defendants in Nevada, the new guidelines have direct implications for sentencing outcomes, and understanding how these changes apply is critical for those facing federal charges.

In this blog post, we’ll explore the key updates to the federal sentencing guidelines, including specific references to the USSG sections involved. We’ll also explain how these changes impact federal cases in Nevada and how attorney Josh Tomsheck can help individuals navigate these new complexities to achieve the best possible outcomes.

Changes in Nevada Criminal Law: How AB 236 Impacts Criminal Cases in Las Vegas

September 16, 2024 | Hofland & Tomsheck

Changes in Nevada Criminal Law: How AB 236 Impacts Criminal Cases in Las Vegas

In 2019, Nevada enacted Assembly Bill 236 (AB 236), a comprehensive criminal justice reform law that introduced significant changes to the state’s criminal justice system. AB 236 aimed to address growing concerns over prison overcrowding, excessive sentencing, and rising costs associated with Nevada’s criminal justice system. The law focuses on reducing incarceration rates, implementing more proportionate sentencing, and promoting rehabilitation over punishment for non-violent offenders. The changes brought by AB 236 impact almost all areas of criminal law in Nevada, including sentencing guidelines, probation, parole, and specific crime classifications.

For individuals facing criminal charges in Las Vegas, understanding the changes introduced by AB 236 is essential. The reforms not only alter how certain crimes are prosecuted and penalized, but they also create new opportunities for defendants to seek more favorable outcomes, such as reduced sentences or diversion programs. In this blog post, we will explore the key provisions of AB 236, its impact on criminal cases in Las Vegas, and how hiring an experienced defense attorney like Josh Tomsheck can help you navigate these changes effectively.