The Most Common Casino Injuries in Las Vegas

Casinos are an important part of the Las Vegas economy. Whether one works in a casino or visits one for entertainment, it can be a very positive experience. However, sometimes the experience is not so positive. Sometimes, both casino employees and casino patrons find themselves injured at casinos. If this happens to you, you will need the help of an experienced personal injury attorney. These are just a few of the ways people can be hurt in casinos.

Some of the Most Common Casino Injuries for Employees

Employees have rights. When an employee is injured on the job at a casino, he or she may be entitled to receive financial compensation for his or her injuries. Some common causes of employee injuries in the casino setting include:

• Employees, particularly those working security or acting as valets, may be struck by a car or other vehicle in a casino parking lot.
• Employees can suffer from repetitive motion injuries. For clerical workers, this can include carpal tunnel syndrome or similar conditions. For employees such as card dealers, it may include injuries that occur by repeatedly bending or reaching in the same way, day after day, shift after shift.
• Casino employees may be injured by casino customers. It may seem that this would be the customer's fault rather than the casinos. However, if a casino has failed to provide adequate security then it may be held liable under certain circumstances. Similarly, if you are assaulted by a drunk customer, there may be additional liability issues for the casino, especially if the patron was served alcohol at the casino.
• Defective casino equipment can cause injuries. 
• A slip or fall on the job may also entitle injured employees to compensation.

Some of the Most Common Casino Injuries for Patrons

Just like employees, patrons of casinos can find themselves injured. In some cases, the casino can be held financially and legally responsible for those injuries. Some of the most common types of injuries suffered by patrons of casinos include:

• Slip and fall accidents may well be the most common type of accident leading to injury in Las Vegas casinos. These accidents can be caused by wet unmarked floors, ripped carpet, broken stairs or escalators, or even faulty handrails.
• Casinos may be held responsible under certain circumstances if the casino failed to provide property security or safety measures, and as a result, you have been assaulted by either a casino employee or another casino patron.
• Broken casino machinery can cause injuries.
• Many local casinos include hotels with swimming pools. Dangerous swimming pool areas can cause injury if proper safety measures are not taken by the casino.

If you have been injured in a casino, you should speak with an experienced Las Vegas personal injury attorney as soon as possible. Contact the experienced litigators at the De Castroverde Law Group now to discuss your case and your legal options. You may be entitled to financial compensation for your injuries.

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.

Felony Charges for Auto Theft in Nevada

Under NRS 205.228, grand larceny of a motor vehicle is charged as a felony offense in the state of Nevada. This offense can be charged when an individual intentionally steals, drives away, takes and carries away, or in another way removes a vehicle from the rightful possession of another person.

The severity of auto theft charges will depend upon the value of the vehicle stolen and if there were any aggravating circumstances involved, such as the use of a weapon. Various actions can lead to charges for grand larceny of a motor vehicle, including:  

• Failure to return a rented car
• Breaking into an unattended car and driving it away
• Agreeing to purchase a car but leaving with the vehicle before payment has been made
• Taking off with a car intended only for employment duties
• Driving away in a vehicle without the owner’s permission
• Forcing a person out of their vehicle and then taking it through the use of force or threats

If the individual did not have permission to take the vehicle, auto theft can be charged regardless of whether they were in possession of keys to the car, if the car was removed by a method other than driving, or if the car was only being borrowed for a short amount of time.

Penalties & Defenses for Grand Theft Auto

The penalties for grand theft auto differ depending on the value of the vehicle stolen. If the stolen vehicle is valued at less than $3,500, the offense will be charged as a category C felony punishable by:

• Incarceration in state prison for 1 to 5 years
• Fines up to $10,000
• Restitution to the victim

If the stolen vehicle is valued at $3,500 or more, the offense will be charged as a category B felony punishable by:

• Incarceration in state prison for 1 to 10 years
• Fines up to $10,000
• Restitution to the victim

If you or a loved one has been charged with auto theft in Las Vegas, it’s important to know your defense options before making any decisions about your case. Our experienced theft attorneys at De Castroverde Law Group can evaluate your unique situation to determine what legal options are available to fight the charges.

Depending upon the factors involved in the alleged crime, possible defenses to auto theft charges include:

• You are the rightful owner of the car that was purportedly stolen. 
• You borrowed the vehicle with permission from the owner, and there was no intention to commit auto theft.
• The prosecution cannot prove that a crime occurred because there were no witnesses to the alleged theft and the vehicle was never found in your possession.

Every situation is different, so it’s imperative to get a seasoned defense team on your side as soon as possible if you are facing auto theft charges in Clark County. De Castroverde Law Group is a family-run law firm in Las Vegas with an impressive record of success in all types of misdemeanor and felony cases. Contact our firm today to discuss your rights and defense options with our dedicated attorneys!

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.

Is Hazing a Crime?

As high school and college students head back to campus, many will seek to join clubs, sports teams, fraternities, and sororities. Unfortunately, the start of a new year inevitably brings reports of hazing at schools across the country. 

While some people think of hazing as a harmless prank or long-held tradition, it is actually a criminal offense in the state of Nevada.

The Legal Definition of Hazing

NRS 200.605 defines hazing as any activity in which someone recklessly or intentionally endangers another person’s physical health as part of initiation into a student organization, athletic team, or academic association at a high school, college, or university within the state of Nevada.

The law states that hazing can include all forms of brutal treatment or physical brutality, including:

• Beating
• Branding
• Whipping
• Forced exercise
• Exposure to the elements
• Forced consumption of liquor, drugs, food, or other substances

Many people argue that the alleged victims consent to this treatment; they are not forced to do it. According to Nevada law, however, a victim is considered to have been forced when being affiliated or initiated into the organization, team, or association is conditional upon whether they participate in the activity.

Hazing Penalties

The charges and possible penalties for hazing in Nevada are contingent on whether the victim sustained substantial injury as a result of the hazing.

Hazing Without Substantial Injury
If the victim was not seriously harmed, the hazing offense will be charged as a misdemeanor, punishable by:

• Fines up to $1,000; and/or
• Incarceration in county jail for a maximum of 6 months.

Hazing With Substantial Injury
If the victim sustained serious injury in the hazing, the offense will be charged as a gross misdemeanor, punishable by:

• Fines up to $2,000; and/or
• Incarceration in county jail for a maximum of 1 year.

Hazing Causing Death
If hazing causes the death of a victim, the perpetrator can be charged with involuntary manslaughter or second degree murder, which are both felony offenses in Nevada. Additionally, the victim’s family could file a wrongful death claim in civil court.

Hazing is a serious criminal offense that requires the representation of an experienced defense firm. If you or your loved one is accused of hazing, don’t wait to speak with a knowledgeable attorney. Get in touch with the team at De Castroverde Law Group in Las Vegas to learn about your defense options.

Jocelyn Cortez Named to 2014 Nevada Rising Stars℠ List

We are excited to announce that Jocelyn Cortez, one of our experienced attorneys at De Castroverde Law Group, has been selected for the 2014 Nevada Super Lawyers® Rising Stars℠ list. She is among just 2.5% of attorneys in the state of Nevada to be included in this prestigious list.

Rising Stars℠ specifically honors up-and-coming attorneys who have earned a high level of professional success and recognition among their professional peers. Only lawyers who are age 40 or younger or who have 10 years or less of practice experience can be considered for the list, according to the Super Lawyers® website. Attorney Cortez handles immigration cases at our Las Vegas firm and has proven herself to be an effective legal advocate.

The Rising Stars℠ list is published by Super Lawyers® Magazine, which also publishes the Super Lawyers® list. Rising Stars℠ uses the same selection process as Super Lawyers®, except for the age and experience limitations. The selection process includes peer nomination, independent research and review by Super Lawyers® Magazine, and peer evaluations.

For Attorney Cortez, immigration law is a legal field that hits close to home. When she was five months old, her family left El Salvador and started a new life in the U.S.—specifically in Las Vegas, Nevada. She is fluent in Spanish and has been interviewed about immigration issues on Univision’s national radio show “Zona Politica” several times.  

Attorney Cortez has been recognized as a leading lawyer on multiple occasions. She has earned a 9.0 Superb rating from Avvo and was featured in the 2013 Women in Law edition of Attorneys at Law Magazine.

If you need assistance with an immigration matter, get strong legal support by calling our law firm. Contact De Castroverde Law Group to speak with a dedicated legal representative who can help you meet your legal needs!

What is Aggressive Driving?

Aggressive driving is a serious offense in Nevada that is punishable under NRS 484B.650. The law states that a person commits the crime of aggressive driving if, while continuously driving within the course of 1 mile, they:

• Speed in a school zone, school crossing zone, work zone, or if the driver’s speeding is the proximate cause of a pedestrian or bicycle accident.
• Do two or more of the following acts, or do any of the following acts more than once:
• Fail to obey an official traffic control device;
• Follow too closely behind another vehicle;
• Overtake and pass another vehicle by driving on the unpaved portion to the right of the highway;
• Drive unsafely or improperly on a highway with marked traffic lanes; and/or
• Fail to yield the right of way.
• Create an immediate hazard to another vehicle or another person, including both their own passengers and motorists in other vehicles.

Penalties for Aggressive Driving

Aggressive driving is charged as a misdemeanor offense in Nevada, and the penalties will depend upon whether the defendant has been charged with the offense previously.

First Offense

• A fine of $250 to $1,000; or
• A fine and incarceration in county jail for up to 6 months.

Second Offense

• A fine of $1,000 to $1,500; or
• A fine and incarceration in county jail for up to 6 months.

Third Offense and Subsequent Offenses

• A fine of $1,500 to $2,000; or
• A fine and incarceration in county jail for up to 6 months.

Additional Penalties

• For the first offense in 2 years, the defendant must pay for and attend a DMV-approved traffic safety course. The court may also suspend the defendant’s driver’s license for up to 30 days.
• For a second or subsequent offense of aggressive driving within 2 years, the court will revoke the defendant’s driver’s license for 1 year.
• If the defendant was driving on a suspended or revoked license at the time of the offense, the court will order an additional period of license suspension or revocation.
• The defendant will receive demerit points on their driving record according to the DMV’s Point System. If the driver successfully completes their traffic safety course, however, the DMV can cancel 3 of the demerit points from their record.

If you are charged with aggressive driving in the Las Vegas area, don’t wait to discuss your defense options with an experienced lawyer. Visit our Traffic Tickets page to learn how De Castroverde Law Group provides smart defense to clients facing serious traffic charges.