Violent Crimes

Violent Crime Attorney

LAS VEGAS

If you have been accused of a violent crime in Las Vegas or Clark County, everything could be on the line. When you’re in need of an attorney that has extensive experience in violent crime case defense, The Law Offices of Benjamin Nadig will give you the reliable representation that you deserve.Violent crime often involves the use of extreme force upon a victim. Oftentimes, a weapon is involved in the crime and accusation. An act is considered violent when an individual (or group) physically harms another person. Violent acts are typically threatened upon victims; and when victims do not comply, the threatening individual may follow through with a crime.

Individuals can be accused of a violent crime when they are thought to have committed the following acts:

Murder
Manslaughter
Robbery
Assault and battery
Aggravated assault
Forcible rape
Domestic violence
Arson
Kidnapping

Regardless of the violent crime that you have been charged with, you will find knowledgeable and committed legal counsel in our offices. We have dealt with many violent crime cases at our firm and are prepared to give you the best results possible.

It is important to contact our office as early as possible so that we have ample time to investigate your case. We will question authorities involved in the case to delve into the details immediately. Since we take immediate action, there is no chance for false speculations to spread.

Violent crime attorney – how can i help you

Even if you have been accused of a violent crime, it is essential to remember that you still have a slew of rights that can protect you:

Due Process – This means that the state has a duty to comply with specific legal processes assured by the United States Constitution. The Constitution, in the Fifth Amendment, states that no man shall be “deprived of life, liberty, or property without due process of law.”

What this means is that the government has a duty to play “fairly” and according to the law, no matter how obvious your guilt may appear to others.

There are many other legal rights that you have. Contact our office to discuss this before you say anything to anyone; never admit your guilt or participation in an illegal event like a violent crime without first consulting your attorney. Your attorney will speak for you.

Free consultation with a las vegas violent crimes criminal defense attorney

At The Law Offices of Benjamin Nadig, we can provide an attorney that will strive to attain the best possible results in your violent crime case. Whether seeking an adequate, agreeable (to you) plea bargain, or pleading not guilty in a court of law before judge and jury, your defense attorney will do everything in their power on your behalf. Your potential freedom is the goal. Or, your attorney may seek an alternative sentence, resulting in fewer years of incarceration. They make seek or parole or supervised probation.

Assault and Battery Defense Lawyers in Las Vegas

If you have been accused of assault and/or battery, you are facing serious charges that could land you in jail, cost you a large amount in fines, limit your employment prospects, and destroy your reputation. An experienced Las Vegas assault and battery attorney can help defend your legal rights if you are accused of such a crime.

THE DEFENSE ATTORNEY WHO CAN PROTECT YOUR RIGHTS

Having the right Las Vegas criminal defense attorney can help to ensure that your rights are protected throughout the legal process—from questioning through arrest, arraignment, pre-trial conferences, motions, plea bargaining negotiations, and at trial. In some cases, your lawyer may be able to get the charges dismissed or even prevent them from being filed. It is important that you bring a well-experienced criminal defense attorney on board at the very earliest stage of the process, preferably before the charges have been filed. You should never answer any questions or discuss the matter with authorities without your attorney present. In Las Vegas, criminal defense attorney Benjamin Nadig has years of experience and a reputation as an aggressive advocate for the rights of the accused. Because he was a Nevada prosecutor prior to becoming a defense attorney, Ben knows the inner workings of the criminal justice system from both sides, placing him in a superior position to ensure the best possible disposition of your case.

WHAT THE CHARGES OF ASSAULT AND BATTERY MEAN

Under Nevada criminal law as in common law, assault and battery are two different criminal offenses. Although they often occur together, they may each occur independently of the other. You can be charged with either one or both, depending on the circumstances of the incident.

ASSAULT

To be charged with assault, you must have been accused of

attempting to use physical force against someone, or
intentionally causing a person to believe there is a danger of immediate bodily harm.

You don’t have to have made any physical contact with the person for an assault charge. Simple assault is usually a misdemeanor. Assault with a Deadly Weapon is a more serious criminal charge. This charge involves using a weapon to intimidate the victim by creating fear, even if the weapon is never actually used and there is no physical contact. Assault with a Deadly Weapon is a felony, punishable by up to six years in prison.

BATTERY

Battery differs from assault in that the charge requires the actual use of force, not just the threat. Even so, you don’t have to actually hurt someone, merely intend to hurt them. It can be as little as an unwanted touch. The law defines battery as “willful and unlawful use of force or violence upon another person.” In a majority of cases, if no weapon is used and there is no serious injury, battery is a misdemeanor punishable by six months in jail. The potential penalties become harsher in these cases:

If the victim suffers a significant injury or strangulation, it can be charged as a Class C felony which can bring you a sentence of up to five years in prison and $10,000 in fines.
If a deadly weapon is used and the victim is injured, the sentence can be as long as fifteen years
If the victim is a person with whom you are involved in a domestic relationship, making it chargeable as domestic violence, with potential penalties that include prison, loss of child custody, and deportation if you are not a US citizen.
If the victim belongs to certain protected groups, including police officers, firefighters, medical professionals, or state employees.

REQUIRED PROOF

For you to be convicted of assault in Nevada, prosecution must prove that

you had intent to commit the assault; and
the alleged victim was aware of that the assault was happening.

To prove a Nevada battery charge, prosecution must show that

you had intent to commit the battery, and
you used unlawful force, and unwanted physical contact occurred with the alleged victim’s body.

DEFENSES

Assault and battery are serious criminal charges, but a good lawyer can persuasively raise these defenses:

You were acting in defense of yourself or someone else.
The alleged victim deliberately provoked you.
The other person was under the influence of drugs or alcohol, causing escalation of a minor incident.
Improper police procedure violated your constitutional rights.

If you or someone in your family has been accused of assault and/or battery, Las Vegas criminal defense attorney Ben Nadig will be passionate defender of your constitutional rights and a top choice to represent you. Don’t delay; call Ben before your case goes any further for the best possible resolution.

Assault and Aggravated Offense Attorney in Las Vegas

In contrast to a single incident of “simple” assault, such as a fist fight, aggravated assault and assault with a deadly weapon are far more serious offenses – as are the resulting punishments, often including jail or prison. The pretrial investigation is of the most tantamount importance here. If a pattern of assault and aggravated batteries occurred previously, this can greatly affect the outcome of the case. It is important to select your legal counsel with great care, for your freedom is in their care.

WHAT ARE SOME OF THE DEFENSES TO AGGRAVATED ASSAULT?

Pre-trial investigation is key to a defense attorney’s modus operandi. In the pre-trial investigation, your attorney may discover:

That indeed, you do not have a criminal record
That also, you have not engaged in criminal activities whatsoever
That the altercation with the one who is accusing you may have a criminal record of assault himself/herself
That you are exonerated by fingerprint, DNA and other evidence

It is essential to obtain effective and experienced legal counsel on your behalf to provide aggressive and pro-active legal representation to fight the charges that have been alleged against you.

AGGRAVATED ASSAULT – PROPER CASE PRESENTATION

It is the job of your criminal defense attorney to investigate the case and to present evidence and testimony that the accused was not guilty of the alleged crime. Various experts may be called on to help prove the accused’s innocence, including, but not limited to:

Crime scene investigators, analysts
Interviewers, photographers and videographers, sound recorders
Witnesses
DNA experts
Your attorney, who will espouse your innocent point of view throughout

CONTACT LAS VEGAS AGGRAVATED OFFENSE ATTORNEYS FOR A FREE CONSULTATION

If you have been arrested for assault, aggravated offense or other offense, these allegations must be vigorously and aggressively fought. Just because you were accused of an assault, aggravated offense, battery, or some form of harmful contact, it does not mean that you are guilty. Further, all evidence must be proven in a court of law as you are legally represented by a qualified attorney. Cases often fall apart under the leadership of a qualified and experienced legal defense attorney. An accusation is absolutely not the same as a conviction. A conviction means that a court of law found that there was sufficient evidence that you committed the offense; an accusation is simply someone accusing you of partaking in a specific behavior, be it assault or otherwise. Call our law office for a free consultation to discuss how we may be of service to you in your situation.

Domestic Violence Attorney

Domestic violence occurs when an aggressive interaction takes place between two or more family members. Here, the term “family member” has a specific legal definition. A family member may or may not be related by blood – they might be the alleged victim’s partner or even just a roommate or housemate. The term also covers divorced or otherwise split couples. Various groups of people fall under domestic violence laws, including:

Married couples
Divorced couples
People who live together (cohabitants)
Unmarried couples
Parents and children
Stepparents, grandparents, and other legal guardians

Domestic violence attorneys can defend charges covering a wide range of abusive behaviors, including, but not limited to::

Threats of violence
Assault
Stalking
Criminal trespass
Violation of protective order

PROSECUTING A DOMESTIC VIOLENCE CASE

Within the City of Las Vegas, a domestic violence case will be prosecuted by the Office of the City Attorney. The City Attorney presses charges against the alleged perpetrator for a number of different reasons.

When the police are alerted to the possibility of a domestic violence case, they are required to make a determination as to who injured whom. While noting these details, the authorities may also collect evidence.

If one of the parties physically harmed (battered) another party, the police then arrests the batterer, who subsequently must be jailed for at least 12 hours. If this happens to you, a domestic violence attorney should be your first call.

AFTER THE ARREST

Once the alleged batterer is arrested, that person will be charged with either a misdemeanor or felony offense.

Misdemeanor: Generally, if a weapon was not utilized and if there were marginal, impermanent physical injuries, the defendant is charged with a misdemeanor. The punishment for a misdemeanor consists of a $1000 and/or 180 days in jail.

Felony: Domestic violence involving weapons that result in serious harm are prosecuted as felonies by the Clark County District Attorney’s Office.

If you have been arrested on either a misdemeanor or felony domestic violence charge, it is highly advisable to seek representation from an experienced and qualified Las Vegas domestic violence attorney. Domestic violence cases often tend become extremely involved, resulting in extensive legal ramifications. Make sure you do not give any details or incriminate yourself if you are being questioned – immediately request your attorney, who will speak on your behalf.

LAS VEGAS DOMESTIC VIOLENCE ATTORNEY OFFERS COMPLIMENTARY INITIAL CONSULTATION

No matter how the police or others in the judicial system within Las Vegas or Clark County charge you, remember that you are innocent until proven guilty in a court of law. Your criminal defense lawyer has represented thousands of individuals with cases just like yours and executed successful defense strategies on countless occasions. Often, cases can be dropped entirely. Sometimes, the charges can be significantly reduced. In instances where conviction cannot be avoided, your domestic violence attorney may negotiate the conviction of a lesser offense in an attempt to secure a more favorable plea bargain deal. For a free consultation with one of the leading domestic violence attorneys in Las Vegas and Clark County, call our office today.

Las Vegas Kidnapping Defense Lawyers

A conviction for kidnapping in Nevada comes with sentences that run the gamut from counseling, fines, and/or probation all the way to life in prison. The severity of the punishment depends on the circumstances of the incident and what the prosecutor will be able to prove. In any case, it is a serious crime for which a conviction can be a terrible blow, wreaking havoc with your life.If you’ve been arrested for kidnapping or are about to be, you will improve the odds of having the charges dismissed or avoiding jail time if you hire an experienced Nevada criminal defense lawyer to represent you. For the legal know-how to achieve an outcome that will allow you to get on with your life, contact Las Vegas kidnapping defense attorney Benjamin Nadig. Ben is a former prosecutor who turned his talents to defending the accused and making sure their rights are respected. h4>KIDNAPPING DEFINITION Kidnapping is the crime of taking a person from one place to another against their will. Sometimes it is done to extort ransom from the family of the person kidnapped. It may be done for the purpose of committing an additional crime, for example a sexual assault, or may involve a dispute over the custody of a child. Nevada has two categories of kidnapping charges kidnapping: first degree and second degree kidnapping.

FIRST DEGREE KIDNAPPING

First Degree Kidnapping will be charged as a Category A felony if the kidnapped person is physically harmed in any significant way—during the act of kidnapping, while being held by the kidnapper, or while trying to escape. Nevada statute defines First Degree Kidnapping as occurring when a person “willfully seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away a person,” planning to do one of the following:

Hold the victim for ransom
Commit sexual assault, extortion, or robbery on the victim
Kill the victim
Physically harm the victim
Perpetrate an unlawful act upon a minor victim

POSSIBLE FIRST DEGREE KIDNAPPING PENALTIES

Life in prison with no possibility of parole
Life with the possibility of parole after serving at least fifteen years
Forty years with possibility of parole after serving at least fifteen years

SECOND DEGREE KIDNAPPING

All other kidnappings—those lacking the specific intentions listed above and where the victim isn’t harmed—are charged as Second Degree Kidnapping and are Category B felonies. Second Degree Kidnapping is a Category B felony and has less severe penalties. A Las Vegas criminal defense attorney who knows the law will review your case and discuss the differences with you.

PENALTIES FOR SECOND DEGREE KIDNAPPING

Two to fifteen years in prison
Fine of up to $15,000

KIDNAPPING WITH A DEADLY WEAPON

If a deadly weapon is used in the course of the kidnapping, the penalties are increased by an additional one to twenty years in prison without early parole. It is critical that you hire a defense lawyer as soon as you discover or suspect that you will be facing a kidnapping charge, especially if you’re being accused of kidnapping with a deadly weapon. Because the potential sentence is so harsh, you will need an attorney who knows the Nevada statutes and decisions in prior cases with similar legal issues.

CHILD CUSTODY KIDNAPPING

Child Custody Kidnapping, when a parent, guardian, or other custodial family member has taken their own child, is a category D felony. Even if the child went willingly, it could be considered kidnapping, punishable by

1-4 years in prison
Fine of up to $5,000

In Child Custody Kidnapping, the prosecutor may, in the interest of justice, ask the judge to drop the charge to a misdemeanor, as long as this is the first child custody offense and the child suffered no significant harm. Misdemeanor Child Custody Kidnapping is punishable by

Up to six months in jail
Fine up to $1,000

FALSE IMPRISONMENT

False imprisonment is when the victim has the perception that he or she is confined to some area and cannot leave. It occurs when one person unlawfully violates another person’s personal liberty by confining or detaining the person without the legal authority to do so. False imprisonment penalties depend on the situation. False imprisonment without using a deadly weapon is a gross misdemeanor and can come with a sentence of up to a year in jail, along with up to $2,000 in fines; however if a deadly weapon was used, it becomes a Category B felony and can get you a sentence of one to six years in prison.

USING A PERSON AS A HUMAN SHIELD

If you are accused of committing false imprisonment by using the alleged victim to avoid arrest or as a shield, it is a Category B felony with a potential prison sentence of one to fifteen years.

TOP NOTCH KIDNAPPING DEFENSE IN LAS VEGAS

Clearly you’ve got a lot to lose if you’re convicted of a serious kidnapping crime; but you may be able to have the charges dismissed, avoid conviction altogether, or have the charges reduced in a plea bargain agreement. Your options will depend on the circumstances, but you can be assured that Ben Nadig will leave no stone unturned when looking for the most effective defense. He will examine police procedure for violations of your rights, such as an illegal search, which could result in suppression of evidence, will challenge witnesses and the quality of the evidence, and will introduce mitigating factors that could result in a lesser sentence. This is not a time to accept an overworked public defender

Las Vegas Murder Defense Attorney

A murder conviction in Nevada will result in a mandatory prison sentence and do potentially irreparable harm to your future. If you have been accused of murder or believe that you are being investigated in connection with one, you should have an experienced defense attorney representing you from the start. At The Law Offices of Benjamin Nadig, Chtd., I have substantial experience representing clients facing murder and attempted murder charges, including a not-guilty verdict in a case involving murder and multiple robbery charges.

As a former prosecutor for the City of Las Vegas, I know how motivated the government is to obtain convictions in these cases. Once investigators identify a suspect, they seem content to make the facts fit the theory regardless of whether they have the right person. I will be there beside you at every step, working tirelessly to see that your rights are protected to the fullest possible extent.

PRESENTING A STRONG DEFENSE AGAINST NEVADA MURDER CHARGES

The death of another person is a very serious thing, but that does not make the person who caused the death a murderer. There can be a number of circumstances that can make homicide justifiable under the law. I conduct a thorough investigation and present a strong case to show that, even if you may have been responsible for the person’s death, you are not guilty of murder.

In many murder cases, my clients are victims of mistaken identity. Witnesses wrongly identify them as the killer, and police charge them with murder with little or no additional evidence. In other cases, the death occurred in an act of self-defense. These can be challenging cases to prove. I work closely with every client to learn everything I can about the altercation and the events that lead to the fatal event. I will present the strongest possible defense and do everything in my power to avoid a murder conviction on your record.

TALK TO A CRIMINAL DEFENSE LAWYER ABOUT YOUR MURDER CASE

Contact my office to discuss your murder defense needs. I offer a free consultation where you can learn more about your rights and legal options.

Las Vegas Manslaughter Defense Lawyers

Being charged with and convicted of manslaughter labels you as a killer, even though you never intended to kill anyone. Having a criminal record for manslaughter can result in years of jail time, fines, and disruption of your life, and may make finding employment in certain occupations more difficult.Like murder, manslaughter is a type of homicide crime; however manslaughter is a less serious crime, because it lacks the intention that is required for a murder conviction. Manslaughter differs from murder in that it is killing without malice or premeditation. The crime of manslaughter is broken down into two types in Nevada: voluntary and involuntary.

VOLUNTARY MANSLAUGHTER

Voluntary manslaughter in Nevada is when a killing is done in the heat of passion. According to the definition in Nevada statutes, voluntary manslaughter is when there is “a serious and highly provoking injury inflicted upon the person killing, sufficient to excite an irresistible passion in a reasonable person, or an attempt by the person killed to commit a serious personal injury on the person killing.” An example is if a husband walks into his home and finds his wife in flagrante delicto, in bed with another man, and in a state of shock and fury he kills them both immediately. The maximum prison term for voluntary manslaughter is ten years. Involuntary Manslaughter Involuntary manslaughter in Nevada is an unintentional killing done in the course of breaking the law, for example driving a little bit over the speed limit and hitting a pedestrian, or as a result of a careless or negligent act, such as sending a text message while driving and plowing down a bicyclist. The maximum prison sentence for involuntary manslaughter is four years. Vehicular manslaughter, the killing of a human being by means of a motor vehicle without malice or deliberation, is a type of involuntary manslaughter.

YOUR CONSTITUTIONAL RIGHT TO COUNSEL

If you have a low income, you will usually be given the opportunity to be represented by a public defender. But you will be better off using any resources you can gather to get your own lawyer. Public defenders usually are hard workers who try to do their best under difficult circumstances, but their caseloads are so overwhelming that it is impossible to devote a great deal of time to any one case. You need a lawyer who is personally committed to you.

A LAS VEGAS, NEVADA CRIMINAL DEFENSE LAWYER COMMITTED TO YOU

Ben Nadig understands what you’re going through and your concerns for your future, should you be convicted. Being arrested for a crime—especially a homicide crime—can be overwhelmingly stressful, and time consuming. Ben is committed to protecting your future by achieving the best possible outcome for your case and will fight to keep you out of jail. Having the highly competent legal representation that Ben can deliver is the best way to minimize the negative consequences you’ll face. He will apply the strategies he has found to be effective in presenting your case to prosecutors, judge, and jury throughout his many years in Nevada’s criminal justice system as both a prosecutor and defense lawyer. As soon as you meet Ben, you’ll recognize his passion for upholding the rights that are guaranteed by the US Constitution, and for giving people who are either entirely innocent or who have made a mistake with legal repercussions to get back on their feet and enjoy the liberties so dear to us all.

Las Vegas Arson Attorney

If you or a member of your family has been accused of arson in Nevada, you’re probably suffering extreme anxiety for the future, and with good reason. Arson, defined as intentionally and maliciously setting fire to a structure, vehicle, personal property, or wilderness area, is a serious crime with serious penalties. Contact a arson defense lawyer in Las Vegas, NV to help ease your mind and defend your legal rights.Depending on the circumstances, penalties can range from at least two years in jail with fines, all the way to the death penalty if someone died in the fire. Under Nevada’s felony murder statute, regardless of whether there was an intention of causing bodily harm to anyone, you could be charged with first degree murder, which carries a potential life sentence or in some cases, death. As frightening as this sounds, you should not despair; the right arson defense lawyer raising a rigorous defense can often make these charges go away and give you your life back.

DEFENSES TO AN ARSON CHARGE

Lack of proof of intent: You are innocent under the law until you are proven guilty “beyond a reasonable doubt.” This is a high standard of proof. Prosecutors must be able to prove that you had a specific intent to do harm; this is not an easy task. If you did start the fire, but your lawyer can show that it was a result of an accident, recklessness, or negligence, you can’t be convicted of arson. Another cause: A dry climate like ours in Nevada sets the stage for fires to occur naturally. Wildfires are common, and if your lawyer can argue persuasively that the fire might reasonably have a natural cause, your case may be dismissed. Insufficient evidence: In many arson cases, there is simply not enough evidence to prove beyond a reasonable doubt that the fire was set. Fire is destructive, and in many cases there is nothing left that would constitute definitive proof that you or anyone deliberately set it. If your defense lawyer can demonstrate that the available evidence against you is insufficient, you cannot be convicted and the charges should be dropped. Outdated or invalid “science”: An experienced arson defense lawyer can bring in scientists and fire reconstruction experts to testify on your behalf. Much of the so-called “science” that has been used as evidence of arson in the past has been found to be invalid. For example, experts once believed that hot-burning fires were always caused by arson. The latest research finds no relationship between the intensity of the heat and how the fire was caused. A V-shaped pattern on a wall was once thought to be proof of arson, but now experts know that it merely shows the start point of the fire and says nothing about its cause. Defendants have been exonerated by calling in the right experts with the most current knowledge in their field.

YOUR FREEDOM AND FUTURE AT STAKE

When you’re facing an arson charge, your freedom and future are at stake, so it is absolutely essential to have the best criminal defense lawyer you can find to fight the charges. Arson is not easy to prove when your attorney has the legal knowledge, experience, skill, and access to the most respected experts to cast doubt on the quality of the evidence prosecutors are presenting as “proof.”

EXPERIENCED LEGAL COUNSEL IN LAS VEGAS

When you need experience on your side in Nevada or California, it’s time to call criminal defense attorney Benjamin Nadig. As a former prosecutor, Ben knows the operations of the criminal court system from both sides and will put that experience to work for you. Everyone accused of a crime has the constitutional right to the best defense, and that’s what you’ll get at the Nadig law firm in Las Vegas. Contact immediately if you’ve been accused or expect to be accused to get Ben working to protect your constitutional rights and your future.