What Constitutes Excessive Force in Nevada?

Las Vegas is a hotspot for the use of excessive force activity. Police officers and private security personnel, such as bouncers at nightclubs and casino or hotel security, are the most likely culprits of using excessive force. This is because these individuals have a job to do, and therefore, they sometimes take things too far. Not only can the use of excessive force cause injuries to the victim, but the use of excessive force could even cause the death of a victim.

What Is Excessive Force?

It is important to note that law enforcement officers and other professionals whose jobs involve security or the removal of unruly patrons from the premises can legally use force to control the actions of another by intentionally causing the victim pain or injury. However, this can only be exercised to a reasonable and justified degree based on the circumstances. Too much force that is unnecessary is when an excessive use of force comes into play. It is the use of force against the victim that goes above and beyond what is needed to control the situation. Excessive force can take many forms, some of which include:

• Excessive use of physical force. This can include unwarranted hitting, striking, assaulting, or battering of a victim. The unnecessary use of a gun, or threatening to shoot a victim, in addition to misuse of other control-type arms, such as batons or tasers, can be an excessive use of force when it is unreasonable, unjustified or unwarranted. If a victim is fully cooperating, there is no need to use further force since the victim has been subdued.
• Unnecessary use of physical restraints. Unreasonably handcuffing a victim’s wrist, especially after the victim has agreed to cooperate, and is in fact cooperating, is an excessive use of force in addition to humiliating. Holding a victim down after he or she has been cuffed is an unnecessary use of force, and can cause positional asphyxiation, which can kill the victim.
• Improper use of chemical agents. Sometimes chemical agents, such as pepper spray, are used to control situations that get out of hand. Chemical agents are supposed to be used as defensive measures for when the victim is acting aggressively and cannot be calmed by words or other means. Most people have a good sense as to when the use of chemical agents is simply too much force in light of the situation. Chemical agents can be dangerous, especially if the victim has a particular sensitivity or is allergic to the substance.
• Unnecessary verbal abuse. There is no need for verbal abuse, even if a situation is a little heated. Use of racial or ethnic slurs or epithets is completely unnecessary and can be considered an impermissible excessive use of force.

If you or a loved one has been the victim of excessive force resulting in personal injuries, you should contact an experienced personal injury lawyer immediately. Our team of experienced personal injury lawyers at De Castroverde Law Group helps victims of use of excessive force claims get compensation for their injuries that they deserve.

Date Rape – How to Protect Yourself

Under Nevada law, NRS 200.366, an individual "who subjects another person to sexual penetration...against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct, is guilty of sexual assault.”

What is date rape?

Date rape occurs when the assailer puts a drug into a victim’s drink without his or her knowledge to assist in sexual assault. Though date rape can occur in many types of situations, victims have frequently reported being drugged at venues such as parties, concerts, and bars.

Another form of date rape, otherwise known as acquaintance rape, is when the attacker is someone that the victim knows, such as someone that the victim is in a relationship with, was previously in a relationship, or is friends with. Under this type of situation, the attacker may sexually assault the victim if he or she intends to engage in sexual intercourse, despite lack of consent, or if the attacker mistakenly believes that the victim is consenting.

Attackers use date rape drugs because they cause the victim to become helpless. These drugs are often odorless, colorless, and tasteless, so victims do not know that they have been drugged. Upon ingesting a date rape drugs, victims usually experience symptoms such as:

• Paralysis
• Obscured vision
• Memory loss
• Blackouts
• Dizziness
• Confusion
• Difficulty speaking

In addition to date rape drugs, alcohol is also used to help an attacker commit sexual assault. Consuming alcohol may cause an individual to have:

• Impaired judgment
• Difficulty refusing sexual advances
• Difficulty assessing the danger of a situation
• Memory loss
• Blackouts

How to protect yourself from date rape

• Don’t set your drink down; keep it with you at all times
• If you do leave your drink unattended, pour it out
• Avoid drinking from common open containers or bowls
• If someone offers to get you a drink, politely decline
• Open all beverages and containers yourself
• Use the “buddy system” by always attending parties, clubs, and other events with a trusted friend or family member
• If your drink tastes, looks, or smells abnormal, stop drinking it
• Avoid drinking alcohol altogether

To avoid becoming a victim of acquaintance rape:

• Set clear sexual limits and be firm in their assertion
• State your consent or refusal affirmatively
• Avoid secluded areas
• Practice self-defense measures

How to protect yourself if you are accused of date rape

If you are accused of date rape, it is vital that you seek criminal defense. You may challenge the accusation if:

• You were unaware that the victim ingested a date rape drug
• The victim did consent to sexual intercourse
• You were unaware that the victim was resisting sexual advances

If you would like more information on how to challenge your date rape accusation, contact our skilled team at the De Castroverde Law Group to discuss your case and legal options.

The Differences between Assault and Battery in Nevada

Assault and battery are often construed as one criminal act. However, an assault and a battery constitute separate, distinct crimes, differing in their elements and requirements for conviction. The elements of each crime will be presented and then compared, signifying the distinctions between each act, followed by a discussion on possible defenses to both assault and battery, as well as the steps you may take to challenge an accusation of assault or battery.

What is an assault?

Under Nevada law, NRS 200.471, an assault is “unlawfully attempting to use physical force against another person; or intentionally placing another person in reasonable apprehension of immediate bodily harm.” To prove that an assault has occurred, the prosecution must show that:

• The suspect intended to attempt to use physical force upon the victim or to place the victim in fear of bodily injury
• The victim was aware that an assault occurred
• The assault gave the victim an immediate fear of bodily injury

Penalties for an assault conviction vary depending on the circumstances but may include:

• Community service
• Six months to one year in jail
• Fines ranging from $1,000 to $5,000

What is a battery?

Under Nevada Law, NRS 200.481, a battery is “any willful and unlawful use of force or violence upon the person of another.” To prove that a battery has occurred, the prosecution must show that:

• The suspect intended to use unlawful force against the victim
• The force used made a physical contact on the victim
• The victim did not consent to the physical contact

Penalties for a battery conviction vary depending on the circumstances but may include:

• Two to fifteen years in state prison
• Fines up to $10,000

Similarities and differences between assault and battery

Both assault and battery require that the suspect had the intent to commit the crime therein. Additionally, both assault and battery require the use of some sort of force or harm upon another individual.

Assault does not require actual physical contact against the other individual, only the fear of immediate bodily harm. The threat of the use of physical force or bodily harm against an individual may be sufficient for a conviction of assault under Nevada law. Battery, on the other hand, requires physical contact upon another person.

Where assault requires that the victim was aware that an assault was occurring at the time of its commission, battery does not have a similar requirement of awareness. Rather, battery requires that the victim did not consent to the physical contact upon himself or herself by the suspect.

Common Defenses

Defenses to an assault charge include:

• No intent to commit an assault
• Self-defense
• The acts that occurred were not offensive against the victim

Defenses to a battery charge include:

• No intent to commit a battery
• The victim consented to the contact
• Self-defense

If you are accused of committing assault or battery, it is important that you seek a strong criminal defense as soon as possible. Contact our team at the De Castroverde Law Group to discuss your case and legal options.

Consequences of Resisting Arrest in Nevada

“A person who, in any case or under any circumstances not otherwise specially provided for, willfully resists, delays or obstructs a public officer in discharging or attempting to discharge any legal duty of his or her office shall be punished.”

Resisting an arrest by a public officer is a serious crime in the state of Nevada. Under Nevada law, NRS 199.280, it is a crime to resist an arrest or any other legal duty by a public officer. Resisting arrest normally constitutes a misdemeanor. However, when a dangerous weapon is used by the suspect to assist him or her in resisting, the categorization of the criminal activity increases. Resistance to an arrest becomes a class C felony when a firearm is used and a class D felony when any other dangerous weapon is used and thus the penalties of resisting arrest are heightened.

Conduct that may constitute resisting arrest by a public officer includes:

• Fleeing or attempting to flee from the situation
• Using physical force against the officer
• Verbally stating the intent to refuse arrest
• Trying to take the officer’s weapons

Penalties for resisting arrest

Under Nevada law, anyone that resists an arrest by a public officer is guilty of a misdemeanor. Penalties for resisting an arrest as a misdemeanor include:

• Up to 6 months in jail
• Fines up to $1,000
• Both jail time and fines
• Community service

When a firearm is used in the course of resisting arrest, the suspect is guilty of a category C felony. Penalties for a category C felony include:

• A minimum of 1 year and a maximum of 5 years in state prison
• Fines up to $10,000

When any other dangerous weapon is used in the course of resisting arrest, the suspect is guilty of a category D felony. Penalties for a category D felony include:

• A minimum of 1 year and a maximum of 4 years in state prison
• Fines up to $5,000

Defenses to resisting arrest

According to NRS 193.230, resistance to an arrest by a public officer may be lawful under certain circumstances, such as to prevent an injury. Such resistance may be made by:

• The party about to be injured
• Bystander parties

Resistance may be lawful if made by the party about to be injured in order to prevent:

• An offense against himself or herself or a family member
• An illegal attempt, by force, to take or damage property in his or her lawful possession

Resistance may also be lawful if made by other people to:

• Assist or defend the person about to be injured in the course of the arrest

The force of the resistance used must be proportional to prevent the offense caused during the course of the arrest.

How to protect yourself if you are accused of resisting arrest

If you are accused of resisting an arrest by a public officer, it is important that you have a strong criminal defense. Contact our qualified legal team at the De Castroverde Law Group to discuss your case and your legal options as soon as possible.