Drug Possession Laws in Reno, Nevada
mpleted the course of training developed pursuant to subsection 5 of NRS 453.164; and
(c) The law enforcement agency has submitted the certification required pursuant to subsection 2 to the Board
2. Before an employee of a law enforcement agency may be given access to the database pursuant to subsection 1, the law enforcement agency must certify to the Board that the employee has been approved to be given such access and meets the requirements of subsection 1. Such certification must be made on a form provided by the Board and renewed annually.
3. When an employee of a law enforcement agency accesses the database of the computerized program pursuant to this section, the employee must enter a unique user name assigned to the employee and, if applicable, the case number corresponding to the investigation pursuant to which the employee is accessing the database.
4. An employee of a law enforcement agency who is given access to the database of the computerized program pursuant to subsection 1 may access the database for no other purpose than to
(a) Investigate a crime related to prescription drugs; or
(b) Upload information to the database pursuant to NRS 453.1635.
5. A law enforcement agency whose employees are provided access to the database of the computerized program pursuant to this section shall monitor the use of the database by the employees of the law enforcement agency and establish appropriate disciplinary action to take against an employee who violates the provisions of this section.
6. The Board or the Division may suspend or terminate access to the database of the computerized program pursuant to this section if a law enforcement agency or employee thereof violates any provision of this section.
chedule I tests. The Board shall place a substance in schedule I if it finds that the substance:
1. Has high potential for abuse; and
2. Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under me
In most states, an assault/battery is committed when one person: 1) tries to or does physically strike another, or 2) acts in a threatening mannerekljsdflkjasdf lkdsa elk sjdf to put another in fear of immediate harm. Many states have a separate category for “aggravated” assault/battery when severe injury or the use of a deadly weapon are involved. Assaults and batteries can also be pursued via civil lawsuits (as opposed to criminal prosecution).
In short, an assault is an attempt or threat to injure another person, while battery is the act of making contact with another person in a harmful or offensive manner. Below is a more in-depth look at both offenses and their elements, which helps explain how these two offenses are so closely tied togethe
Drug Possession: Definition
Drug possession is the crime of willfully possessing illegal substances, such as marijuana, cocaine, methamphetamine, or heroin. Drug possession accounts for over 80 percent of all drug-related arrests in the United States, according to the Department of Justice. Additionally, almost half of those arrests are for marijuana possession. In part because of law enforcement campaigns targeting these crimes, arrests for drug possession have almost doubled within the last two decades.
The definitions for assault vary from state-to-state, but assault is often defined as an attempt to injure to someone else, and in some circumstances can include threats or threatening behavior against others. One common definition would be an intentional attempt, using violence or force, to injure or harm another person. Another straightforward way that assault is sometimes defined is as an attempted battery. Indeed, generally the main distinction between an assault and a battery is that no contact is necessary for an assault, whereas an offensive or illegal contact must occur for a battery.
Assault: Act Requirement
Even though contact is not generally necessary for an assault offense, a conviction for assault still requires a criminal “act”. The types of acts that fall into the category of assaults can vary widely, but typically an assault requires an overt or direct act that would put the reasonable person in fear for their safety. Spoken words alone will not be enough of an act to constitute an assault unless the offender backs them up with an act or actions that put the victim in reasonable fear of imminent harm.
Assault: Intent Requirement
In order commit an assault an individual need only have “general intent.” What this means is that although someone can’t accidentally assault another person, it is enough to show that an offender intended the actions which make up an assault. So, if an individual acts in a way that’s considered dangerous to other people that can be enough to support assault charges, even if they didn’t intend a particular harm to a particular individual. Moreover, an intent to scare or frighten another person can be enough to establish assault charges, as well.
Although the statutes defining battery will vary by jurisdiction, a typical definition for battery is the intentional offensive or harmful touching of another person without their consent. Under this general definition, a battery offense requires all of the following:
- intentional touching;
- the touching must be harmful or offensive;
- no consent from the victim.
Battery: Intent Requirement
It may come as some surprise that a battery generally does not require any intent to harm the victim (although such intent often exists in battery cases). Instead, a person need only have an intent to contact or cause contact with an individual. Additionally if someone acts in a criminally reckless or negligent manner that results in such contact, it may constitute an assault. As a result, accidentally bumping into someone, offensive as the “victim” might consider it to be, would not constitute a battery.
Battery: Act Requirement
The criminal act required for battery boils down to an offensive or harmful contact. This can range anywhere from the obvious battery where a physical attack such as a punch or kick is involved, to even minimal contact in some cases. Generally, a victim doesn’t need to be injured or harmed for a battery to have occurred, so long as an offensive contact is involved. In a classic example, spitting on an individual doesn’t physically injure them, but it nonetheless can constitute offensive contact sufficient for a battery. Whether a particular contact is considered offensive is usually evaluated from the perspective of the “ordinary person.”
Some jurisdictions have combined assault and battery into a single offense. Because the two offenses are so closely related and often occur together, this should probably come as no surprise. However, the basic concepts underlying the offense remain the same.
More Questions About Assault and Battery? An Attorney Can Help
In an assault or battery case there are important defenses that may apply, especially in cases where two people were involved in a mutually heated exchange. If you or someone you know is concerned about a criminal assault or battery charge, it’s critical to contact a John Routsis as early as possible to better understand the charges and the possible penalties that come with a conviction.