Criminal Defense Attorneys — Henderson, NV
Charged With a Crime? We Fight Back.
A criminal charge doesn’t have to define your future. Our Henderson defense attorneys move fast, fight hard, and protect your rights at every step — from arrest to verdict
- Henderson & Clark County
- Free Initial Consultation
- Nevada-Licensed Attorneys
30+
Years Combined Experience
$0
Cost to Initial Consult
100s
Of Families Helped
| DUI & DWI Defense
Arrested for DUI in Nevada? Don't Wait.
In Nevada, driving with a blood alcohol concentration (BAC) of 0.08% or higher is illegal. For commercial drivers the limit is 0.04%, and for drivers under 21 it’s 0.02%. Nevada also prosecutes drug-impaired driving under the same DUI statutes.
⚠ Critical Deadline
You have only 7 days from your DUI arrest to request a DMV hearing to contest your license revocation. Miss this window and your license is automatically suspended. Call us today.
DUI Defense — Questions Answered
After a DUI arrest in Nevada, you’ll typically be booked and may be held until sober. The DMV initiates a separate license revocation process — you have 7 days to request a hearing to fight it. The criminal case proceeds through arraignment, pre-trial hearings, and potentially trial. You face both criminal penalties and administrative license consequences simultaneously. Having an attorney from day one is critical to protecting both your freedom and your driving privileges.
Nevada has an “implied consent” law — by driving on Nevada roads, you’ve legally agreed to submit to chemical testing if lawfully arrested for DUI. Refusing a breathalyzer or blood test after arrest results in an automatic 1-year license revocation for a first refusal, and 3 years for a second refusal within 7 years. Refusal can also be used as evidence of guilt in court. Roadside preliminary breath tests before arrest are different — those you may decline without the same penalties.
A first-offense DUI misdemeanor in Nevada may be sealed after 7 years. However, DUI convictions count as prior offenses for enhancement purposes for the rest of your life — meaning a future DUI will be treated as a second or third offense regardless of when the first one occurred. Felony DUI convictions are much harder to seal. This is why fighting the charge aggressively from the start matters so much — a conviction has lifelong consequences.
Nevada offers a first-offense DUI diversion program in some jurisdictions, including Clark County. Eligible defendants can complete DUI school, treatment, and other requirements in exchange for having the charge dismissed. Not everyone qualifies — it’s generally limited to first-time offenders with no injury, no commercial vehicle involvement, and BAC below certain thresholds. Our attorneys can assess your eligibility and negotiate entry into a diversion program where appropriate.
Arrested for DUI? Time is critical.
You have 7 days to protect your license. Call right now for a free case evaluation.
How We Fight Your DUI Charge
Challenge the Traffic Stop
Law enforcement must have reasonable suspicion to pull you over. If the stop was unlawful, all evidence obtained afterward — including your BAC — may be suppressed.
Scrutinize Breathalyzer & Blood Results
Breathalyzer devices require proper calibration and maintenance. Blood samples must be handled under strict chain-of-custody rules. Any deviation can invalidate the results.
Challenge Field Sobriety Tests
Field sobriety tests are subjective and affected by medical conditions, nerves, poor lighting, and uneven surfaces. We challenge their validity as evidence of impairment.
Negotiate or Take It to Trial
Where appropriate, we negotiate for reduced charges or diversion programs. If the evidence doesn't hold up, we take the fight to court — and we come to win.
| Assault & Domestic Violence Defense
Facing Assault or Domestic Violence Charges in Nevada?
Nevada takes assault and domestic violence charges extremely seriously. Even an accusation can cost you your job, your housing, your custody rights, and your freedom. You need a defense attorney who will fight for your side of the story.
⚠ Important: Mandatory Arrest Policy
Nevada law requires police to make a mandatory arrest when there is probable cause to believe domestic battery occurred — even if the alleged victim does not want to press charges. The state, not the victim, decides whether to prosecute.
Consequences Beyond the Courtroom
A domestic violence conviction carries consequences that reach far beyond jail time and fines:
- Federal firearm ban — a misdemeanor domestic battery conviction permanently bars you from owning or possessing a firearm under federal law.
- Child custody impact — courts consider domestic violence history in custody determinations. A conviction can cost you parental rights.
- Employment consequences — background checks will reveal the conviction, affecting jobs in healthcare, education, government, and more.
- Protective orders — a temporary protective order (TPO) may remove you from your home immediately, before any conviction.
- Immigration consequences — for non-citizens, a domestic violence conviction can trigger deportation proceedings.
Assault & Domestic Violence — Questions Answered
The alleged victim cannot unilaterally drop domestic violence charges in Nevada — the decision belongs to the prosecutor. However, a victim’s recantation, unwillingness to cooperate, or lack of physical evidence can significantly weaken the prosecution’s case. Our attorneys work to challenge the evidence, create reasonable doubt, and negotiate with prosecutors for dismissal or reduced charges where the facts support it.
Do not violate the protective order — even if the protected person contacts you first, you can be arrested for any contact. Do not attempt to handle it yourself. Contact a criminal defense attorney immediately to request a hearing to contest the order. At the hearing, we present evidence challenging the basis for the order. Many temporary protective orders can be modified or dismissed when the facts are properly presented to the court.
Yes — under federal law (the Lautenberg Amendment), anyone convicted of a misdemeanor domestic violence offense is permanently prohibited from owning or possessing firearms or ammunition. This applies even to law enforcement officers and military personnel. It cannot be restored by expungement or pardon in most cases. This makes fighting a domestic violence charge — even a misdemeanor — critically important, particularly if you own firearms or work in a profession that requires them.
How We Defend You
Self-Defense & Defense of Others
Nevada law recognizes the right to defend yourself or others from harm. We investigate and present evidence that your actions were justified.
Challenge False or Exaggerated Accusations
Allegations made during contentious divorces or custody disputes are sometimes false or overstated. We investigate the full context and cross-examine accusers.
Contest Protective Orders
We challenge emergency protective orders and fight to have unjust orders modified or vacated so you can return to your home and family.
Accused? We'll fight for your side of the story.
Protective orders and criminal charges move fast. Don’t wait — call now.
| Theft & Felony Charges
Facing Theft or Felony Charges in Nevada?
A felony conviction in Nevada can follow you for life — affecting your right to vote, your ability to find housing, your career prospects, and your freedom. The earlier you retain an attorney, the more options you have.
How Nevada Classifies Theft
Nevada classifies theft based on the value of property taken. The line between misdemeanor and felony is often the difference between a fine and years in prison.
The Long-Term Impact of a Felony Conviction
- Loss of voting rights while incarcerated and on parole in Nevada
- Permanent firearm prohibition under federal law
- Professional license disqualification — nursing, law, teaching, contracting, and more
- Housing discrimination — landlords can legally deny applicants with felony records
- Federal financial aid ineligibility for drug-related convictions
- Deportation risk for non-U.S. citizens
Theft & Felony Charges — Questions Answered
In Nevada, misdemeanors are less serious offenses punishable by up to 364 days in county jail and fines. Gross misdemeanors carry up to 364 days and up to $2,000 in fines. Felonies are more serious and are divided into Categories A through E, with Category A carrying the most severe penalties including life imprisonment. Felony convictions carry lasting civil consequences beyond imprisonment — loss of voting rights, firearm rights, and professional licensing eligibility — making early legal intervention critical.
Yes, in many cases. Prosecutors have discretion to amend charges, and our attorneys negotiate aggressively for reductions — particularly when evidence is weak, when the defendant has no prior record, or when mitigating circumstances exist. Nevada also allows some Category D and E felonies to be reduced to misdemeanors after successful completion of probation. A reduction can be life-changing, preserving your employment, housing, and civil rights.
Many — but not all — Nevada felony convictions are eligible for record sealing after the required waiting period from the date of case closure. The waiting period ranges from 2 years (Category E felonies) to 10 years (Category A and B felonies), and some convictions like murder and sex offenses cannot be sealed. Sealing removes the record from public view, allowing you to legally deny the arrest and conviction in most circumstances. Our attorneys handle the sealing process from start to finish.
Our Defense Approach
Challenge the Evidence
We examine how evidence was gathered — illegal searches, improper lineups, and coerced confessions are all grounds for suppression or dismissal.
Negotiate Charge Reduction
Prosecutors often overcharge. We negotiate to reduce felonies to misdemeanors where the evidence allows, significantly limiting your exposure.
Pursue Diversion & Record Sealing
For eligible defendants, diversion programs can lead to dismissal. After completing sentences, we help clients seal eligible records to rebuild their lives.
A felony charge is not a conviction. Yet.
The right defense strategy starts now. Call for a free, confidential case evaluation.
| Traffic Violations & Warrants
Outstanding Warrant or Traffic Charge in Nevada?
Ignoring a warrant or unresolved traffic charge doesn’t make it go away — it makes things worse. Warrants can result in arrest at any time. We help you resolve outstanding legal issues before they escalate.
Traffic Violations in Nevada — More Serious Than You Think
Nevada traffic violations range from minor infractions to criminal offenses. Points accumulate on your license, and exceeding thresholds triggers automatic suspension.
Accumulating 12 or more points within 12 months triggers a license suspension in Nevada. Our attorneys negotiate with the DMV and courts to reduce points, dismiss tickets, and keep your driving record clean.
⚠ Don't Let a Warrant Surprise You
You may not know a warrant exists until you’re pulled over or arrested. We can check for outstanding warrants on your behalf and begin the process of resolving them before an arrest disrupts your life.
Warrants & Traffic Violations — Questions Answered
You can check for Clark County warrants through the Clark County Justice Court website or the Las Vegas Justice Court online portal. However, not all warrants are publicly searchable. The safest approach is to have an attorney check on your behalf — this protects you from the risk of walking into a court or government office and being arrested on the spot. We regularly assist clients in discovering and resolving outstanding warrants discreetly.
A bench warrant in Nevada does not expire. It will remain active until you appear in court or are arrested. You can be taken into custody at any time — during a traffic stop, at work, or at home. The longer you wait, the more likely the original charge is accompanied by a failure to appear charge, which compounds your legal problems. Resolving a warrant proactively — by having your attorney arrange a voluntary surrender and appearance — is almost always better than being arrested unexpectedly.
Yes, and in many cases it’s worth it. Paying a traffic ticket is an admission of guilt and adds points to your license. Fighting the ticket can result in dismissal, reduced charges, or a traffic school option that keeps points off your record. Our attorneys appear in traffic court on your behalf — you typically don’t even need to show up. For commercial drivers, military personnel, or anyone whose livelihood depends on a clean driving record, contesting every ticket is especially important.
Types of Warrants in Nevada
Arrest Warrants
Issued when a judge finds probable cause that you've committed a crime. Once issued, law enforcement can arrest you at any time — at home, at work, or during a routine traffic stop.
Bench Warrants
Issued when you fail to appear in court or violate a court order. Bench warrants don't expire — they remain active indefinitely until resolved. They'll surface in any background check.
Search Warrants
Authorize law enforcement to search a specific location for evidence. If you believe an improper search warrant was used against you, the evidence gathered may be challengeable in court.
Don't wait for an arrest to deal with a warrant.
We can check for warrants and begin resolving them today — before they escalate.
Client Testimonials
What Our Clients Say
Why Dempsey, Roberts & Smith, LTD.
Why Henderson Chooses Us to Fight Their Cases
We Move Fast
Criminal cases have tight deadlines — DMV hearings, arraignments, bail windows. We respond quickly and act immediately to protect your rights from day one.
Nevada-Specific Knowledge
We know Clark County courts, local prosecutors, and Nevada criminal statutes inside out. Local knowledge gives you a real strategic advantage.
We Fight — Not Just Plead
Many defense attorneys push clients toward quick plea deals. We investigate every angle, challenge every weakness in the prosecution's case, and go to trial when that's what it takes.
LegalShield Partner Firm
As a proud LegalShield provider law firm, we serve thousands of members across Nevada with responsive, affordable legal representation.
Free Initial Consultation
There's no cost, no obligation, and no pressure to hire us. Our goal in the first conversation is simply to understand your situation and tell you honestly what you need.
Your Family Can Call Too
If a loved one has been arrested and you don't know what to do, call us. We guide families through the arrest process, bail, and what comes next.