Legal Question in Criminal Law in Nevada

Battery With a deadly weapon

My daughter was charged with battery with a deadly weapon for hitting somone with a beer bottle.

other then speeding tickets, it's her first encounter with the law. What can she expect to happen?

Asked on 8/06/07, 6:57 pm

3 Answers from Attorneys

Joseph Scalia Joseph A. Scalia & Associates
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Re: Battery With a deadly weapon

There are 2 answers to your question: 1) The legal answer; and, 2) The practical answer.

The legal answer: She will have an arraignment date at which time she should plead not guilty. (She is charged with a felony. If she doesn't get an attorney one will be appointed). At the arraignment she will be given a date for a preliminary hearing. (At the prelim it will either be negotiated, or the police and witnesses will have to appear to testify against her. The prelim is designed to determine if there is sufficient evidence to make her stand trial.

2) The practical answer: It depends on who she hit with a beer bottle, why, and the extent of the injuries, if any. This is where the case gets interesting. If its a friend versus a stranger, if drinking or drugs were involved, if cops where preesnt etc. If she has had no priors, and no one was seriously injured, it should be reduced to a misdemeanor or dismissed

Good Luck

Joseph Scalia Esq.

Attorneys fees in this type of case should be in the $2500 to $4000 range

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8/06/07, 8:00 pm
Michael Sanft Sanft Law
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Re: Battery With a deadly weapon

Battery with a deadly weapon is a felony in Nevada. Your daughter's clean criminal history will have a great effect at the END of the case, where sentencing and mitigation becomes important. IN the meantime, you should focus on her defense and whether the State can prove each element of the battery beyond a reasonable doubt. Because of the severity of the charge, seek legal counsel now.

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8/06/07, 8:56 pm
Jim Herbe Black & Lobello
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Re: Battery With a deadly weapon

Your daughter's charge with battery with a deadly weapon is a very serious charge. It is fortunate that she has no prior criminal record but many factors will effect the end result of your daughter's case.

1) Were there any procdeural errors by the police in investigating or arresting your daughter. If there are, sometime you may get a charge dismissed or key evidence excluded.

2) What were the circumstances of the incident? Did your daughter put someone in the hospital? Was she instigated and acting in self-defense? Who did she hit and do they want to pursue charges? All these will effect the severity with which a judge and prosecutor will pursue the case.

3) What would you get from a plea agreement? Your daughter's situation could likely result in a reduction to a misdemeanor. This would allow her to avoid jail time and maybe receive probation, community service, etc.

All these factors are best handled by a criminal defense attorney. My office would be willing to handle this for you. We always offer a free initial consultation.

For this case, considering your daughter's situation, my office would be willing to represent for $1,500. We offer payment plans and accept credit cards.

Feel free to contact my office should you wish to discuss your daughter's case.

Best Regards,

Jim Herbe

jamesherbe@hotmail.com

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8/08/07, 3:05 pm

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