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Joshua L. Tomsheck

Joshua Tomsheck’s Answers

4 total

  • Battery with a deadly weapon(vehicle)? Does this mean automatic jail time(Felony)? In NEVADA.

    I am being charged with battery with a deadly weapon due to the fact that my vehicle struck the victims vehicle by accident not intentionally and someone did physically got hurt. I'm highly concerned for my future & have never had a felony before,...

    Joshua’s Answer

    In response to your last question, that is certainly something you should be discussing with your attorney. I assume you have retained a lawyer since you referred to your "hired attorney." As such, that person is best equipped to answer your questions.

    As a general response however, in Nevada, you can be charged with a battery even though you never intended to actually harm the person who was hurt. That is because battery is a general intent crime. Battery, a simple misdemeanor punishable by up to 6 months in the county jail, is nothing more than "any willful and unlawful use of force or violence upon the person of another." NRS 200.481. A vehicle can be, and often is, charged as a "deadly weapon" if it is used in a manner that causes, or is likely to cause, substantial bodily harm or death. A battery with the use of a deadly weapon in Nevada is a "B" felony and is punishable by 2-10 years in prison. If however, the person battered suffers substantial bodily harm or death, as defined in NRS 0.060 (“Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ; or Prolonged physical pain”) then the crime charged is battery with use of a deadly weapon resulting in substantial bodily harm, which is a “B” felony punishable by 2-15 years in prison.

    Regardless of which of the above you are charged with however, it does not necessitate prison or jail time. All of the offenses discussed are probationable offenses and you are eligible for a sentence that does not involve time in custody.

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  • I can't pay off my dui classes and court fees of 233$

    The court let me take the classes without paying up front,they gave me a fee delay for them.I've already finished my other requirements for my case and just have to finish paying off the classes and court fees.They put me on a 25$ payment plan per...

    Joshua’s Answer

    Oftentimes the Courts will let you convert your fine to community service. Depending on which Judge you are in front of, they will equate community service hours to an equivalent dollar amount owed in fines. For instance (and I am using round numbers to simplify) if you have a $500 fine, and the Court gives credit of $10/hour for community service time, you would be allowed to do 50 hours of community service to work off your fine balance. I suggest you explain your situation to the Court and ask for this solution. In the event the judge is a stickler for the statutory requirement of the fine, make sure you make all of your Court dates and pay whatever portion of the balance you can each appearance. The worst thing you could do is skip a Court date because you are afraid or embarrassed you don't have the fine in hand.

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  • What does FELONY ARRGN mean on a drugs related case

    My drugs has been arrested for Posession of control subtence with intent to sell

    Joshua’s Answer

    I assume from your question that someone you know, other than yourself, has been arrested and/or charged with Possession of a Controlled Substance with the Intent to Sell (PCSWITS). This crime is charged under NRS 453.337 and is a "D" level felony, punishable by 1-4 years in prison and up to a $5,000 fine, for a FIRST offense. Under the law in Nevada, each subsequent offense for PCSWITS is enhanceable. A second offense becomes a 1-5 year/$10,000 fine "C" felony and a third conviction becomes a 3-15 year/$20,000 fine "B" felony. A second or third conviction under this section is NON-PROBATIONABLE, meaning, if convicted, the Defendant must go to prison.

    The term FELONY ARRGN means "felony arraignment." This is, when charged with a felony, the person first appears in front of the Court, hears the charges against them, and enters a plea. The matter is then set for the Defendant's next court date, usually a probable cause hearing, called a preliminary hearing.

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  • What is the minimum to maximum amount of time can a person serve for possessing a firearm who has a felony status.

    my son has had charges filed on him for possession of firearms, one was his own personal gun that he told the agents it was his and that it had not bullets in it but he got it for protection for his family after some one kicked his girls door in a...

    Joshua’s Answer

    The amount of time your son is facing depends on a number of factors, most notably, where the charge is filed.

    If it is filed in Federal Court, his sentencing range is determined to a large extent by his criminal history. Without that information it would be difficult to tell you the sentencing range he is exposed to.

    More likely however, he is charged in State Court. In Nevada, NRS 202.360 (1)(a) makes it a crime for a person to have in his or her possession, or under his or her custody or control, any firearm, if they have previously been convicted of a felony. Under that statute (assuming he is not eligible for sentencing as a habitual criminal of course), his sentencing range is 1-6 years - - a "B" Felony. The minimum sentence cannot exceed 40% of the maximum sentence. If he is charged with being in possession of both weapons, he is facing the same potential punishment on both guns. This offense is a "probationable" offense in Nevada, meaning even if convicted, he would still be eligible for probation, also called "community supervision." From your question it seems like your son is also facing the potential of being charged with Possession of Stolen Property-Firearm under NRS 205.275(2)(c). If he is charged with that offense, also a probationable "B" Felony, the sentencing range is 1-10 years.

    As I stated, both of these charges are “B” Felonies, which are considered very serious charges. It is important that he stay in communication with his lawyer, whether it be one he hires on his own, or one appointed by the Court, to determine what his best defense is to the charges. He should however, not say or do anything at all without talking to his lawyer first.

    Good luck!

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