The function of the criminal system is to punish individuals who violate local, state, and federal law. The punishment may vary from monetary punishment to death (depending on the state), but the average person recognizes that severe laws that are broken result in the individual being removed from the general public for a specified period of time. Responsibility is clear when the wrongful act initiates and completes the wrongful act. However, a wrongful actor that does not complete the wrongful act may be responsible under criminal law. This is known as attempt liability, and it occurs when an actor takes a “substantial step” to complete the crime. 

The Model Penal Code outlines the bounds of attempt liability in §5.01. To consider an actor’s conduct as a substantial step, the conduct would need to be strongly corroborative of the actor’s criminal purpose. Model Penal Code § 5.01. Additionally, under this section of the Model Penal Code, the following actions would be considered when the conduct is strongly corroborative of the actor’s criminal purpose: 1) lying in wait or searching for the “contemplated victim;”  2) enticing or seeking to entice the victim to go the place where the crime is supposed to be held’ 3) “reconnoitering” the place where the crime is supposed to take place; 4) unlawfully entering a structure, vehicle, or enclosure where the crime is supposed to take place; 5) possessing materials that would be used for the crime which are specifically designed for unlawful use or do not serve a lawful purpose of the actor; 6) possessing, collecting, or fabricating materials that will be used for the crime at or near the place where the crime is supposed to take place; and 7) soliciting an innocent person to engage in an element of the crime. Id.

Some states take a similar approach to the Model Penal Code in its definition of attempt liability. Under the NRS, “an act done with the intent to commit a crime, and tending but failing to accomplish it,” is grounds to hold a wrongful actor responsible under attempt. Nev. Rev. Stat. Ann. § 193.153. The statute lists several punishments for attempt liability dependent on the felony category that the crime would be if it was accomplished. Id. An attempt to commit a category A felony will result in imprisonment in state prison for a period between two and twenty years. NRS § 193.153(1)(a). An attempt to commit a category B felony in which the maximum period of imprisonment is more than 10 years will result in imprisonment in state prison for a term between one and ten years. NRS § 193.153(1)(b). An attempt to commit a category B felony in which the maximum period of imprisonment is less than 10 years is provided in NRS 193.130. Id. An attempt to commit a category C, D, or E felony results in imprisonment in the county jail for up to 364 days, a fine of up to $2,000, or both imprisonment and a fine. NRS § 193.153(1)(c)-(e). If an individual attempts to commit a misdemeanor, a gross misdemeanor, or a felony that is not dictated in the NRS, the consequence is imprisonment for up to “one-half of the longest authorized term by statute,” a fine up to “one-half the largest sum,” or both imprisonment and a fine. NRS § 193.153(2).

Thanks to a trial lawyer with our friends at Eglet Adams for their insight on attempt liability in criminal law. 

Car accidents can be sudden and terrifying events that leave you shaken and physically hurt. While some injuries are immediately evident, others may not surface until hours, days, or even weeks after the accident. These delayed injuries are often overlooked, but they can have long-lasting effects on your health and well-being. In this blog, a spine injury attorney with our friends at ​​The Law Offices Of Andrew Lynch will explore the concept of delayed injuries after an accident and why it’s essential to be vigilant in their aftermath.

1. Whiplash: Whiplash is one of the most common delayed injuries following a car accident. It occurs when the head is suddenly jerked back and forth, straining the neck’s muscles and ligaments. Symptoms, including neck pain, stiffness, headaches, and dizziness, may not become apparent for hours or even days.

2. Concussions: Head injuries can lead to concussions, which may not manifest immediately. Symptoms like confusion, memory problems, and dizziness can emerge in the hours or days following the accident.

3. Internal Injuries: Damage to internal organs, such as the liver, spleen, or kidneys, may not be evident immediately. Internal bleeding or bruising can take time to become noticeable and may only become apparent when serious complications arise.

4. Soft Tissue Injuries: Sprains, strains, and other soft tissue injuries can also take time to become painful. These injuries often involve damage to muscles, tendons, and ligaments and may only worsen as inflammation increases.

5. Psychological Trauma: Emotional and psychological injuries, such as post-traumatic stress disorder (PTSD), anxiety, or depression, can take time to develop. These delayed reactions may result from the emotional shock of the accident and may become apparent in the days or weeks following the incident.

6. Spinal Cord Injuries: Damage to the spinal cord may not present immediate symptoms, but the consequences can be severe. Symptoms such as numbness, weakness, or paralysis may appear later on, making early diagnosis and treatment crucial.

7. Fractures: Hairline fractures or stress fractures may not be visible on X-rays immediately after an accident. Symptoms like persistent pain, swelling, or limited range of motion may become apparent days or weeks later.

8. Whiplash-Associated Disorders: In some cases, whiplash can lead to whiplash-associated disorders that involve chronic pain and discomfort, and these issues may not become evident until well after the accident.

So, Why Is It Crucial To Be Aware Of Delayed Injuries?

Early Treatment: Identifying delayed injuries early allows for prompt medical treatment, which can help prevent complications and expedite recovery.

Legal Considerations: In the case of car accidents, delayed injuries may have legal implications. Being aware of and documenting these injuries can be essential for insurance claims and legal proceedings.

Physical and Emotional Well-being: Undiagnosed and untreated injuries can result in long-term suffering and emotional distress. Early intervention can improve your quality of life and minimize psychological trauma.

After any accident, it’s essential to seek medical attention promptly, even if you feel fine initially. A healthcare professional can assess your condition and identify any potential delayed injuries. Additionally, if the accident was not your fault, consult with an attorney to ensure that your rights and claims are protected.

Delayed injuries are a sobering reminder that the impact of an accident can extend far beyond the initial shock. By being vigilant about your health and seeking appropriate medical and legal help, you can navigate the aftermath of an accident more effectively, ensuring your well-being and peace of mind.

If you or a loved one is facing criminal charges, the choice of a criminal defense attorney can make a profound difference in the outcome of your case. Selecting the right attorney is a crucial decision that requires careful consideration and evaluation. In this blog, a lawyer with our friends at The Lynch Law Group will discuss the key factors to consider when choosing a criminal defense attorney.

1. Specialization In Criminal Law:

Look for an attorney who specializes in criminal law. Criminal cases can be complex, and an attorney with specific expertise in this area is better equipped to understand the nuances of your case.

2. Experience And Track Record:

Assess the attorney’s experience and track record in handling cases similar to yours. A history of successful outcomes demonstrates their ability to navigate the legal system effectively.

3. Local Knowledge:

An attorney who is familiar with local courts, judges, and legal procedures can provide valuable insights and relationships that may benefit your case.

4. Personal Compatibility:

Establish a good working relationship with your attorney. Effective communication and trust are vital throughout your legal proceedings.

5. Strong Communication Skills:

Your attorney should possess strong communication skills to represent your interests effectively in court, negotiate with the prosecution, and communicate with you.

6. Understanding Of Your Rights:

Ensure your attorney has a deep understanding of your legal rights and can protect them throughout the process. This includes knowledge of search and seizure laws, due process, and other constitutional rights.

7. Investigative Skills:

A good criminal defense attorney should have strong investigative skills to gather evidence, interview witnesses, and build a robust defense strategy.

8. Trial Experience:

While many cases are resolved through negotiations, an attorney with trial experience can be a valuable asset, as they can represent you effectively in court if necessary.

9. Transparent Fee Structure:

Understand the attorney’s fee structure upfront. Some attorneys charge flat fees, while others bill hourly. Clarify any potential additional costs, such as court fees or expert witnesses.

10. References And Reviews:

Seek references from the attorney and read online reviews and testimonials from past clients. This can provide insights into their reputation and the quality of their work.

11. Consultation And Evaluation:

Many attorneys offer initial consultations to evaluate your case. Use this opportunity to discuss your situation, assess the attorney’s expertise, and determine if you feel comfortable working with them.

12. Ethics And Professionalism:

Ensure that the attorney adheres to ethical standards and practices professionalism in their interactions with you and other parties involved in your case.

13. Honest Assessment:

A trustworthy attorney will provide an honest assessment of your case, including the strengths and weaknesses. Be wary of attorneys who promise guaranteed outcomes.

14. Clear Communication:

Choose an attorney who can explain complex legal issues in a way that you can understand. Clarity and transparency in communication are essential.

15. Accessibility:

Consider the attorney’s accessibility. It’s essential to have an attorney who is available to answer your questions and concerns promptly.

Selecting the right criminal defense attorney is a critical decision that can significantly impact the outcome of your case. Take the time to research and evaluate your options, and don’t hesitate to consult with multiple attorneys to find the one who best suits your needs and circumstances. Remember that your attorney is your advocate, and their expertise and commitment are key to securing the best possible result for your case.