Tuesday, September 30, 2014

DUI Causing Injury or Death

If a person drives under the influence in Nevada, according to state law they will likely be charged with a misdemeanor if it is a first offense and there were no aggravating factors involved. However, if the DUI resulted in an accident that caused another person to be severely injured or killed, the driver will face serious felony charges.

A driver can be charged under NRS 484C.430 if, while under the influence of alcohol or drugs and in actual physical control of a vehicle, their action or failure to act proximately caused the death of or serious bodily harm to another person.

DUI causing death or bodily harm is charged as a category B felony. If convicted of this offense, the possible penalties include:
  • Incarceration in state prison for 2-20 years
  • Fines between $2,000 and $5,000
If the defendant has previous DUI convictions, they may receive a more severe sentence.  

Fight Felony DUI Charges

The defendant can only be convicted of this felony offense if the prosecution can prove their guilt beyond a reasonable doubt. With the defense of an experienced and skilled legal team, however, the defendant can challenge the prosecution’s evidence and fight to have their charges reduced or even dropped.

Possible defenses to DUI causing injury or death include:
  • The injury or death was not a result of intoxicated driving but an outside factor
  • Police misconduct occurred during the arrest
  • The equipment used to test the driver’s level of intoxication was faulty
  • The driver was not under the influence of drugs or alcohol
If you or a loved one is charged with DUI causing injury or death or another felony offense in the Las Vegas area, call De Castroverde Law Group to speak with our proven defense team. At our family-run firm, we are committed to aggressively defending clients’ rights and interests while providing the outstanding representation they deserve. Contact our team today to learn how we can fight your felony DUI charges. 

Tuesday, September 23, 2014

Understanding Reckless Endangerment Charges

Under NRS 202.595, reckless endangerment is a broad offense that consists of any act that has the potential to cause harm to another person. A person can be charged with reckless endangerment for something as serious as domestic violence or as common and seemingly minor as jaywalking across a street.

No serious harm or injury needs to occur, but the person must show a disregard for possible consequences in order to be charged with reckless endangerment.

Potential penalties for reckless endangerment include:
  • Up to $2,000 in fines and 364 days in jail for incidents that do not result in bodily harm or death; or
  • Up to $10,000 in fines and 1 to 5 years in prison for incidents that resulted in death or bodily harm.

What to Do if You're Charged with Reckless Endangerment

The first step you should take after being charged with reckless endangerment is to hire an experienced criminal defense lawyer. The prosecutor must prove to the court that the action was done in wanton disregard of any potential consequences. Because reckless endangerment usually depends upon the subjective opinions of law enforcement officers and what they believe to be a purposeful action, these charges can often be challenged.

Your attorney can show the court that the arresting officer’s subjective interpretation was flawed. Additionally, your attorney may be able to negotiate a lesser charge for your reckless endangerment case. If no one was harmed by your alleged offense, you may be able to plea down your charges to breaching the peace, which carries much lighter penalties.

Possible Defenses

Some common defenses for reckless endangerment include:
  • Mistaken identity from the officer and witnesses
  • No posed threat actually occurred
  • Witness testimony is flawed
  • Behavior was accidental and the individual did not recognize harm
  • Negligent behavior
Reckless endangerment charges are based upon whether the defendant intentionally disregarded the safety of others. If your lawyer can prove that you acted without understanding the potentially dangerous consequences, then no real disregard of the consequences occurred. The court would be unable to find you guilty of reckless endangerment if you were unaware of the potential danger of your behavior. 

If you have been charged with reckless endangerment in Clark County, act now to begin building your defense. Our experienced Las Vegas criminal lawyers at De Castroverde Law Group can help you fight these serious charges. Contact our proven family-run law firm today!

Tuesday, September 16, 2014

Taxi Cab Accidents – Know Your Options

At any given time in Las Vegas, there are countless taxi cabs lining the streets. The number of cabs on the roads greatly increases the likelihood that these vehicles will be involved in collisions. When taxi cabs are involved in accidents, victims have the right to file claims against the cab drivers and their employers.  

If you were hurt in an accident caused by a negligent taxi cab driver, you can seek compensation under personal injury law. The claim you file will depend heavily on the type of accident that occurred and the extent of your injuries. Were you a pedestrian on the crosswalk? Were you hit from behind by a taxi cab? Were you a passenger in the crashed cab? Were your injuries minor or severe? Regardless of the specifics of your case, it is crucial that you talk to an attorney about your legal options as soon as possible.  

If you are involved in a taxi cab accident, make sure you do the following:  
  • Get names and contact information of any drivers involved and any witnesses present
  • Take pictures of the accident scene and cars involved
  • Call the police to have the accident officially recorded
  • Get a copy of the doctor’s diagnosis of your injuries and keep track of any medical expenses
  • Do not talk to the taxi cab company’s insurance provider until you've discussed your case with a lawyer
If you or a loved one has been injured in a taxi cab accident in the Las Vegas area, don’t hesitate to contact our experienced personal injury lawyers at De Castroverde Law Group. We are dedicated to recovering maximum compensation for victims, and we represent both local residents and out-town-visitors that have been injured in Las Vegas.

Let our family take care of yours – call De Castroverde Law Group today to learn how you can seek justice for your injuries and losses.

Thursday, September 11, 2014

What is Grand Larceny?

In the state of Nevada, charges for larceny vary based upon the value of the property taken. 

Under NRS 205.220, the crime of grand larceny is defined as purposefully stealing, taking, carrying, leading, or driving away the property of another person valued at $650 or more, with the intention of defrauding, stealing, appropriating, or preventing identification of the property.

Examples of grand larceny include:
  • Taking a car without permission
  • Removing furniture from a hotel room
  • Withdrawing money from someone else’s bank account
  • Taking another person’s livestock  or pets
  • Taking items from a store without paying
Because the offense of larceny is categorized by the value of the property stolen, crimes such as shoplifting can be charged as either grand larceny or petit larceny. For example, if a person steals a bracelet worth $900 from a jewelry store, they will be charged with grand larceny. However, if a person steals a $50 sweater from a department store, their shoplifting offense will be charged as petit larceny.

Penalties for Grand Larceny

Grand larceny is a felony offense, but the specific charges and penalties differ based upon the value of the property stolen.  

Property Valued Between $650 - $3,500
This offense is a category C felony and carries a possible sentence of:
  • Restitution for stolen items;
  • 1-5 years in prison; and
  • Fines up to $10,000.
Property Valued Higher Than $3,500
This offense is a category B felony and carries a possible sentence of:
  • Restitution for stolen items;
  • 1-10 years in prison; and
  • Fine up to $10,000.
If you are facing these serious felony charges, get an experienced criminal defense attorney on your side right away. The seasoned Las Vegas lawyers at De Castroverde Law Group have defended clients against all types of misdemeanor and felony theft charges, and we can fight for you. Don’t wait to schedule a consultation with our knowledgeable team to learn about your options!

Friday, September 5, 2014

Defining Catastrophic Injuries

Catastrophic injuries are defined as severe physical or mental injuries that prevent victims from being able to support themselves financially. 

Sometimes these injuries are short-lived, and other times the effects of catastrophic injuries impact the victims for the rest of their lives.

Common types of catastrophic injuries include:
  • Traumatic brain injury
  • Spinal cord injury
  • Severe burns
  • Internal organ damage
  • Dismemberment
  • Paralysis
Catastrophic injuries can be caused by vehicle or workplace accidents, violent crimes, medical malpractice, defective products, and other acts of negligence.

Seeking Justice for Catastrophic Injuries

Those that sustain catastrophic injuries typically require financial assistance during the process of recovery and rehabilitation, as well as to help with everyday life expenses. Victims and their families can seek compensation from the responsible parties under personal injury law.

The amount of compensation a victim receives will be based upon such factors as:
  • Ability to work after the accident
  • How the accident affected independent living
  • If physical therapy can improve the condition
  • Disability coverage that will be provided
  • Current medical bills
  • Cost of rehabilitation
  • Need for life care planning
For severe and permanent injuries, life care planning may be necessary. Life care planning will analyze what goods and services will be needed over the person’s lifetime as a direct result of a catastrophic injury. Various factors, including the unique challenges faced by the victim and their family, are considered when determining what medical, emotional, psychological, and rehabilitation needs will be covered in the settlement.

If you or a loved one has sustained a catastrophic injury in the Las Vegas area, our team at De Castroverde Law Group can help you determine your rights and legal options. We are dedicated to helping victims and their families recover the full compensation they deserve. Contact our experienced personal injury lawyers to find out how you can seek justice for your suffering and losses. 

Tuesday, September 2, 2014

Truck Accidents – Common Causes

When passenger vehicles are involved in collisions with big rigs, 18-wheelers, and other large commercial trucks, the damage is usually severe. Because of the great weight and size of these vehicles, truck drivers must meet tougher requirements to get their commercial licenses and are held to higher standards.

Despite this, truck accidents are often caused by negligence on the part of the truck driver or the trucking company. In fact, the Federal Motor Carrier Safety Administration (FMCSA) found that truck drivers are ten times more likely to be the cause of crashes than other factors like road and weather conditions or vehicle performance. A study by the FMCSA also determined that truck driver action or inaction was the critical cause of 88% of accidents.

While there are various factors involved in any truck accident, some of the most common causes include:

Driver Fatigue
Truckers work long hours and are usually under intense pressure to meet scheduling deadlines. Despite the FMCSA’s strict regulations for the number of hours that drivers can spend on the road at a time, many truckers violate these rules and stay behind the wheel for extremely long time periods. Fatigue can have the same impact upon a driver as being under the influence of alcohol or drugs, and often severely impacts a driver’s ability to safely operate the truck.

Driver Impairment
The legal intoxication limit is much lower for truck drivers, and they can be charged with DUI for having a BAC of just .04%. Despite the fact that their vehicles can cause far more damage in a collision, some truckers still choose to drink and drive. Substance abuse has also become very common among truckers because of the pressure to stay awake for long periods of time and the isolation and monotony of the job.

Improper Maintenance/Equipment Problems
The FMCSA has strict guidelines for the maintenance and upkeep of commercial trucks and their shipping equipment. However, many trucking companies fail to impose these standards or cut corners on proper maintenance in order to save money. Faulty equipment and improper use of equipment, such as incorrectly securing a load, can cause very serious accidents.

Unsafe Driving
The weight of commercial trucks makes it very difficult for truckers to slow down or stop abruptly if they are traveling at a high speed. Additionally, the large containers raise the center of gravity on trucks and can cause rollovers if they take turns too fast. Collisions can also occur when truckers fail to follow proper passing techniques and change lanes without carefully checking blind spots, using their signals, and making sure there is enough room to pass.

If you or a loved one was harmed in an accident caused by a negligent truck driver, you may be able to recover rightful compensation for your injuries and losses under personal injury law. Our family-run Las Vegas law firm proudly represents accident victims in Nevada, and we may be able to help you obtain justice. Visit the Truck Accidents page on our website for more information.