Criminal Defense Attorney

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 Select the Best Lawyer for a Las Vegas Domestic Violence Charge

September 14, 2024 | Hofland & Tomsheck

How to Select the Best Lawyer for a Las Vegas Domestic Violence Charge

Facing a domestic violence charge in Las Vegas can be a stressful, life-altering event. It’s crucial to approach the situation with the right legal representation to protect your rights and achieve the best possible outcome. However, determining who the “best” lawyer is for your specific case isn’t always straightforward. While many people may recommend the top attorneys in the area, it’s important to remember that “best” is a subjective term. What may be the ideal lawyer for one person might not be the right fit for someone else.

That said, if your primary concern is securing the best possible result in your Las Vegas domestic violence case, there are objective criteria you should consider when selecting an attorney. By focusing on these criteria, you can increase your chances of hiring a lawyer who will provide you with the most effective defense.

Wait a minute, I didn’t steal anything – – So why am I being charged with Burglary??

October 11, 2013 | Hofland & Tomsheck

One question that is often asked by individuals consulting with our office when recently arrested for a crime has to do with the crime of Burglary. Many people simply do not understand why they are booked on charges which include burglary. Many people think that if they haven’t broken into a home or business, they can’t, or shouldn’t, be charged with the serious crime of Burglary. This reaction is a natural one, given that when people hear the term “Burglar” they often get a mental image of the Hollywood cat burglar, clothed in all black, breaking into a business with a crowbar and sneaking out the back door with a shiny new television. In Nevada however, there are literally thousands of different factual circumstances which amount to Burglary.

In Nevada, Burglary laws are contained in Nevada Revised Statute (“NRS”) Chapter 205, which covers “Crimes Against Property” and are specifically defined in NRS 205.060. In contrast to the limited example of the cat burglar above, Nevada defines Burglary as occurring when someone enters any structure (such as a business, store, apartment, residence, home, house, room or a vehicle such as a car or truck) when the person entering has the intent to commit any of the following inside: larceny, assault, battery, obtaining money or property under false pretenses or any other felony. Such a crime has serious consequences — Burglary is a category “B” Felony carrying the potential of 1-10 years in prison and a fine up to and including $10,000.00.

What will my bail be? The Las Vegas Justice Court Standard Bail schedule

October 4, 2013 | Hofland & Tomsheck

NOTE: EFFECTIVE MAY 26, 2015, THE LAS VEGAS JUSTICE COURT BAIL SCHEDULE HAS CHANGED. PLEASE SEE OUR BLOG POST DATED MAY 21, 2015 FOR THE UPDATED BAIL SCHEDULE REFLECTED HERE:

One of the more common questions asked by people contacting my office after they, or a family member, has been arrested is – – “How much will bail be.”

While the State Court System in Las Vegas, more precisely in Clark County Justice Court, has had a “standard bail schedule” for many years, effective September 1, of 2011, the Court implemented a simplified system, which is commonly followed by Courts in Las Vegas when setting bail in criminal cases.

The Justice Court, Las Vegas Township STANDARD BAIL SCHEDULE can be found online and is often the main point of reference for judges setting bail in criminal cases.

The STANDARD BAIL SCHEDULE sets bail by individual offense or by level of offense, as identified in the Nevada Revised Statues (or “NRS”).

Some crimes have no standard bail and are typically referred to as “set in court” bail amounts. In those instances, judges will traditionally listen to argument from the parties (the prosecutor and the defense attorney) before setting bail. Among the offenses which are “set in court” amounts are:

Category “A” Felonies:

Category “A” Felonies are the most serious charges in Nevada. By definition, a category “A” felony is any crime which can carry the potential of a life sentence. They include the following crimes and offenses: MURDER, SEXUAL ASSAULT, FIRST DEGREE KIDNAPPING and HIGH LEVEL TRAFFICKING in a CONTROLLED SUBSTANCE; and