Las Vegas Criminal Attorneys

Fighting for Justice, Fighting for You
Experienced Las Vegas Criminal Lawyers

If you believe you are being investigated by the police, or you have been arrested for a crime, you should consult with an experienced criminal lawyer to protect your rights. At the Las Vegas based law firm of Hofland & Tomsheck, partner Josh Tomsheck leads our criminal defense division. He is a Board-Certified Criminal Defense attorney and has personally handled thousands of criminal cases, including every possible misdemeanor or felony charge, from minor traffic matters to capital murder and from petit larceny/shoplifting to complex white-collar crime cases. Attorney Tomsheck represents defendants in municipal, state, and federal courts in Las Vegas and throughout Nevada.

Criminal Defense in Nevada State Court

All crimes regardless of type or range of punishment, must be proven beyond a reasonable doubt in order to sustain a conviction in Nevada. Although our constitution guarantees that you are presumed innocent until proven guilty, you should not underestimate power of the government to bring a case on behalf of the prosecution. Your life, liberty and future hang in the balance when criminal charges are brought, and even a conviction of a minor crime can harm your relationships and affect your future prospects. When you are formally charged with a crime, the next step will usually be arraignment in Court. A criminal defense lawyer can advise you on how you should plead and the next steps to take in preparing your best defense. If you are in custody, a competent criminal attorney can argue for bail or release on your own recognizance. In some cases, an experienced defense lawyer may be able to quickly and quietly negotiate a favorable plea resolution with the government prosecutor and allow the case to be expeditiously resolved with no lasting consequences. In other cases, a knowledgeable criminal lawyer can identify strong defenses that need to be litigated or taken to Trial. It is important to discuss these options with your lawyer as soon as possible so that no opportunity is missed in fighting for the best outcome in your unique situation.

DUI Defense

Driving under the influence (DUI) is one of the most commonly charged crimes in Nevada. You can be charged with a DUI when you are deemed “under the influence” of drugs or alcohol such that you are unable to safely operate a motor vehicle. In Nevada, it is presumed that anyone that has a blood (or breath) alcohol concentration (BAC) of .08% or higher, or certain levels of drugs (or drug metabolites) in their system, is too impaired to safely drive. In Nevada, you are not allowed to be in actual physical control of a vehicle while under the influence of drugs or alcohol. There are both criminal penalties in the Court and administrative penalties through the Department of Motor Vehicles for drivers found to be behind the wheel while under the influence. The penalties depend partly on how many prior convictions you have and the level of blood or drugs in your system at the time you are found to be driving. While the prospect of being arrested or convicted for a crime related to impaired driving is quite scary to the individual, there are many legal, factual, substantive or procedural defenses to DUI charges. Attorney Josh Tomsheck is an experienced DUI defense lawyer and handles cases in Las Vegas, Clark County, Henderson, North Las Vegas and throughout Nevada.

Federal Criminal Defense

Federal crimes include bank fraud, certain antitrust violations, bankruptcy fraud, computer crimes, counterfeiting, drug smuggling, drug trafficking, embezzlement, extortion, hate crimes, gang crimes, Internet crimes, health care fraud, mortgage fraud, money laundering, public corruption, and RICO charges. They often carry very harsh penalties. For example, there are mandatory minimum sentences imposed for federal drug crimes. Title 18 of the United States federal criminal and penal code criminalizes certain activities that can be prosecuted by United States attorneys. Often, federal agencies are used to investigate these crimes, and they may spend years conducting intensive investigations. If you are charged, it is crucial to hire a Las Vegas criminal attorney who is licensed to practice in federal court. When you retain our firm, you can take advantage of the experience and skill of a former district attorney who has achieved the prestigious status of Board Certified Criminal Trial Lawyer by the National Board of Trial Advocacy.

Las Vegas Municipal Court Defense

Las Vegas municipal court cases are usually misdemeanors or traffic violations that occur within the city limits of Las Vegas. A misdemeanor conviction in Las Vegas could carry a maximum of six months in jail and $1,000 in fines. While a traffic ticket may not seem like a big deal, it can be important to fight it. You accumulate points for traffic tickets. Your driver’s license can be suspended for six months if you get 12 points in a year, and if you drive on a suspended license, you can face further charges. Some Misdemeanor Crimes, such as Battery Constituting Domestic Violence (Domestic Battery) or Driving under the Influence, have mandatory minimum sentences that carry required jail time and are enhanceable, meaning that future arrests or convictions can make the allegation a Felony offense.

Domestic Violence / Domestic Battery Defense

Domestic violence often involves an allegation of Battery. Prosecutors treat domestic violence charges seriously, so you should promptly retain a criminal lawyer in Las Vegas. A first offense battery domestic violence charge in Nevada carries a minimum sentence of mandatory jail time, 48 hours of community service, counseling, and a fine. In Nevada, a prosecutor can (and will) pursue a domestic violence case even if the alleged victim does not want to proceed. Each additional arrest for Battery Domestic Violence in Nevada is enhanceable, meaning that they become progressively more serious. For a third offense within seven (7) years, the crime becomes a Felony, which is non-probationable, meaning you must go to prison if convicted. Additionally, if the battery is alleged to occur by strangulation or involves allegations of a deadly weapon or serious injury, you will be charged with a Category C felony. This can be punished with 1-5 years in prison, a maximum fine of $10,000, or both. There are numerous collateral consequences for conviction of a Battery Domestic Violence offense, which can impact your freedom, employment or citizenship status. It is very important that you not take these allegations lightly, and that you contact an experienced Nevada Domestic Violence defense lawyer right away to address your best options.

Drug Crimes

Nevada has harsh laws criminalizing drug activity in both the State and Federal system. Drug crimes include possession, trafficking, selling, transporting, or manufacturing controlled substances. Possessing drug paraphernalia and selling counterfeit drugs are also illegal in Nevada. If you have a threshold amount of a particular drug, you can be charged with trafficking. If you have at least 4 grams of a controlled substance, such as methamphetamine or cocaine, you can be charged with trafficking, which carries with it a mandatory prison sentence. In an arrest for more than 28 grams (or one ounce) of that same controlled substance, a conviction can include a life sentence. In Nevada, there is no requirement that an “intent to distribute” element be proven in a trafficking case, as it is presumed that possession of the requisite amount means that it is for purpose of sale as opposed to personal use. There are countless defenses in drug cases such as arguing that law enforcement performed an unconstitutional search and seizure when they collected evidence of the drugs. Attorney Josh Tomsheck is a certified Criminal Law Specialist and has a wealth of experience handling drug related charges at the local, State and Federal level and can help you fight these serious charges.

White Collar Crimes

White collar crimes are usually nonviolent, financially motivated crimes. They are often perpetrated by businessmen or government officials. Many white-collar crimes involve some form of fraud, such as insurance fraud, bank fraud, health care fraud, securities fraud, government fraud, or mortgage fraud. However, they also include embezzlement, identity theft, investment scams, Ponzi schemes, tax evasion, public corruption, and forgery. When the crime is large in scale, and there are many victims with significant financial losses, the crime may be investigated by the FBI and prosecuted at the federal level. The Government has limitless resources in the investigation and prosecution of these types of criminal allegations. Many times, individuals or business entities that are taken advantage of by someone else’s greed are charged in the same criminal Indictment as the real guilty party. If you don’t know the system or have the ability to identify defenses in cases like this, the consequences can be permanent and lifechanging. Our Las Vegas criminal lawyer, Josh Tomsheck, has handled countless cases such as this and has been successful in getting charges dismissed or obtaining Not Guilty verdicts at Trial in both State and Federal prosecutions. If you believe you are being investigated for a White-Collar Crime or have already been investigated or charged, it is imperative that you contact Mr. Tomsheck as soon as possible to help preserve your rights and fight on your behalf.

Violent Crimes

Violent crimes include assault, battery, certain sex crimes, child abuse, robbery, kidnapping, manslaughter, and murder. If you are accused of committing a violent crime in Nevada, the stakes are high. It is crucial to retain a skillful criminal defense attorney. What must be proven and the penalties for a violent crime conviction depend on the specific charge. For example, battery is the intentional infliction of physical force on someone else, and it can be charged as either a misdemeanor or a felony. Meanwhile, kidnapping occurs when the victim is taken from one location to another, or is confined to a controlled space, against their consent or will. Violent crimes often carry very harsh punishments, including mandatory prison time. Attorney Josh Tomsheck is a former Chief Deputy District Attorney who specialized in the prosecution of violent felonies. Mr. Tomsheck is a Board Certified Criminal Defense Attorney who has been successful representing hundreds of individuals charged with Violent Misdemeanor and Felony charges. Mr. Tomsheck has obtained “Not Guilty” verdicts at Trial on charges including Kidnapping, Sexual Assault, Attempted Murder, Battery, Domestic Violence and Murder.


Murder and homicide crimes are the most serious types of criminal allegations in Nevada. If you are charged with murder, the unlawful killing of a person with malice, your whole life is at stake. In Nevada, homicides are most commonly charged as “open murder” which encompasses all the different degrees of homicide (murder and manslaughter) that may be charged. First-degree murder is charged if the prosecutor believes that a killing occurred during the perpetration of a dangerous felony (this is known as “Felony Murder”) or involved poison, torture, lying in wait or was alleged to be committed in as willful, deliberate and premeditated action. For example, if you kill someone during an attempted robbery, the law presumes that this is first degree murder and you can face the most serious of punishments, up to and including the death penalty. The law defines murder of the second degree as all murder which does not amount to murder of the first degree. The law in Nevada defines other types of killings as Manslaughter, either Voluntary or Involuntary, depending on the factual scenario charged. Our Las Vegas based criminal attorney, Josh Tomsheck, is one of the most experienced Murder and Homicide lawyers in all of Nevada, having tried to Verdict dozens of First Degree Murder cases as both a prosecutor and a Defense attorney. Mr. Tomsheck is one of a handful of attorneys in all of Nevada who is certified pursuant to Nevada Supreme Court rule 250 to be qualified to defend individuals charged with Capital (Death Penalty) Murder. In addition to obtaining favorable resolutions for his clients in a multitude of Murder cases, Mr. Tomsheck has received “Not Guilty” verdicts on behalf of his clients at Trial on Murder charges. In the dozens of Capital cases handled by Mr. Tomsheck, he has never had a client receive the death penalty at Trial. If you, or a loved one, is facing the most serious of charges, contact attorney Josh Tomsheck right away to start working on your behalf.

Sex Crimes

Sex crimes include rape, sexual assault, Internet sex crimes, soliciting a minor for sexual activity, prostitution, solicitation, and possession of child pornography. Convictions can result in long prison terms. If you are convicted of certain sex crimes, you will have a criminal record and may need to register as a sex offender for the rest of your life. For example, if you are convicted of rape in Nevada, you will need to register for life as a Tier III sex offender in Nevada; this means that you can be searched and found on the Nevada Sex Registry online database. We have almost two decades of experience representing clients accused of sex crimes and have obtained complete dismissal of charges and not guilty verdicts at Trial for our clients.

Theft Crimes

In Nevada, theft crimes include shoplifting, grand larceny, grand larceny auto, theft, possession of stolen property or stolen vehicle, fraud, identity theft, forgery, and possession of a credit card without the cardholder’s consent. The charges will depend partly on the nature of the alleged actions, the value of what was taken, and other aggravating factors, such as the use of force. Our Board-Certified Criminal Attorney, Josh Tomsheck, can advise Las Vegas residents and visitors on the consequences that they may face and the best way to defend against these allegations. Sometimes, for minor offenses like shoplifting an inexpensive item from a grocery store, you may be ordered to pay restitution and go through a course. However, if a large quantity of money or property was stolen, you can face years in the Nevada Department of Corrections (Nevada State Prison). One of the most serious theft crimes is burglary, which happens if you enter a building or vehicle while intending to commit certain crimes, such as larceny, assault, battery, obtaining money by false pretenses, or a felony crime. Josh Tomsheck is a Las Vegas based Criminal Defense Attorney and has handled hundreds of theft related cases in his Career.

Casino Marker Defense

Under Nevada law, you can be prosecuted for drawing and passing a check with insufficient funds in your bank account, or passing a bad check. If you sign a line of credit called a casino marker and do not promptly repay the money, you can be prosecuted under the same law. If it is prosecuted as a felony, this charge can carry a prison sentence. Moreover, if you are a licensed professional, you risk the possibility of losing your professional license if you are convicted. These charges demand a serious and prompt defense by a skilled criminal attorney in Las Vegas.

Firearms Crimes

In Nevada, firearms include all types of guns, including both pistols and rifles. There are certain activities that involve firearms that are against the law. Firearms crimes may be charged as misdemeanors or felonies. Certain firearms crimes are especially serious, such as being a felon in possession of a firearm or using a gun in the commission of a crime. Other crimes are less serious and could result in a fine, such as possessing a gun while being under the influence. When crimes involve the use of a firearm, this may be treated as an aggravating factor, and there may be enhanced penalties. Attorney Josh Tomsheck, is a former Gun Crimes prosecutor for the Clark County District Attorney’s office and has a plethora of experience in handling firearms related crimes.

Record Sealing / Expungement

If you have a criminal conviction, you will have a permanent criminal record that can adversely affect your ability to get a job, rent an apartment, or secure a professional license. A criminal conviction can even affect how you are treated if the police pull you over for something minor, and it can prevent you from serving on a jury, voting, or possessing a gun. When a record is expunged, the conviction is sealed so that the public cannot access it. After a conviction has been sealed, you will not need to disclose it on applications or other written forms, with a few limited exceptions. Record sealing can make a big impact on an individual’s ability to live a normal life going forward. If you want to have your record sealed, or would like to know if you are eligible, contact Board Certified Criminal Defense Attorney Josh Tomsheck today to begin the process.

Bail / Own Recognizance Release

Bail is a deposit meant to make sure that if you are charged with a crime, you will appear for future court dates, such as a trial. If you are arrested for a crime, you have a constitutional right to bail in most cases. When making a bail determination, the court will consider whether you pose a flight risk or a danger to the community. The amount of bail will be set according to the circumstances and a standard bail schedule. Sometimes bond is used; this involves paying part of the bail and a premium to a bond company that ensures your presence. Our criminal lawyers can help Las Vegas residents pursue a reduced amount of bail or show that they qualify for release on their own recognizance, which means that they can be trusted to appear in court based on a promise, without making a deposit.

Protective Orders / Restraining Orders

In Nevada, a victim of domestic violence or harassment and stalking may seek a protective order against the perpetrator. Protective orders against domestic violence are usually issued in family court. Usually, when the perpetrator of harassment or stalking is a stranger, a neighbor, or a coworker, the order is sought from Justice Court. In most cases, protection orders begin with the issuance of a temporary order of protection, which lasts only 30 days from the date of service on the adverse party. However, within the 30 days during which a temporary order is in place, the protected party can file for an extended order of protection.

Consult an Experienced Criminal Attorney in Las Vegas

If you are charged with a crime in Las Vegas, you should hire a skillful, experienced attorney. Mr. Tomsheck is widely recognized as one of the top criminal defense lawyers in Nevada, and has been Board Certified in Criminal Trial Law by the National Board of Trial Advocacy. Currently Mr. Tomsheck is one of only two (2) attorneys in the state who have been recognized as a certified Specialist in Criminal Trial Advocacy by the State Bar of Nevada. He has a 10.0 Superb attorney rating from Avvo. We represent clients in Municipal Courts, County/State Courts and Federal Courts in Clark County and throughout Nevada. Call us at (702) 895-6760 or complete our online form so that we can begin working on your case today.

Meet Our Experienced Team
Josh Tomsheck
Josh Tomsheck

Attorney Josh Tomsheck is a Partner in the Las Vegas Trial Lawyer firm of Hofland & Tomsheck and heads both...

Bradley Hofland
Bradley Hofland

Attorney Bradley Hofland is the Founder and Managing Partner in the firm of Hofland & Tomsheck...

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Client Reviews
Mr. Tomsheck was very helpful in my case and got my charges dropped. If you need a lawyer that's trustworthy and keeps in contact with you through out your whole case then look no further. I highly recommend Mr. Tomsheck for any legal issues! C.
I had a case where something very bad happened to me and my family. I came to see Mr. Tomsheck on the advice of a friend. He and his staff, especially his assistant Jennifer, were AWESOME. They resolved my case, saved me thousands of dollars and were a blessing from God. I love Mr. Tomsheck and his whole office. Client
Recent Cases
Malicious Injury to Vehicle. Client, employed in law enforcement, was accused and charged with causing severe damage to the vehicle of another individual. NOT GUILTY jury verdict
Battery Domestic Violence. Client, a prominent local physician with hospital privileges at several valley hospitals was accused of a severe crime of Battery Domestic Violence involving the use of a weapon. Dismissal
Domestic Violence Strangulation. Client, a businessman in the financial industry, was charged with severe Felony offenses which, if he was convicted, could include mandatory prison and up to 25 years in custody. Dismissal
DUI – BAC over 0.18. Client, a General Manager of a well-known Strip establishment, was pulled over, arrested and charged with Driving under the Influence. Reckless Driving
DUI - BAC over 0.22. Client, a retired business executive, was involved in a serious single car accident. Reckless Driving
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