Criminal Defense Lawyers

Nevada Crimes: Laws & Penalties

Nevada Crimes: Laws & Penalties

Understanding Crime Categories in Nevada

First things first, let’s talk about how Nevada categorizes crimes. In general, offenses are divided into three main buckets:

1. Felonies
2. Gross Misdemeanors
3. Misdemeanors

Felonies are the most serious crimes, punishable by more than a year in state prison. These include offenses like murder, rape, robbery, and certain drug crimes.

Gross misdemeanors are a step down in severity. The max penalty is 364 days in county jail and a $2,000 fine. Things like repeat DUIs and some assaults fall into this category.

Finally, there are misdemeanors, the least serious offenses. These generally carry a sentence of up to 6 months in jail and a $1,000 fine. Many first-time DUIs, petty thefts, and simple drug possession charges are misdemeanors.The category an offense falls into determines both the court that will hear the case and the potential penalties involved. But those are just the broad strokes. Let’s get into some of the specific crimes and penalties you should know about.

DUI Laws & Penalties

Driving under the influence is one of the most commonly charged crimes in Nevada, so it’s worth taking a closer look at how the state approaches these cases. In Nevada, you can get a DUI for driving with a blood alcohol content (BAC) of .08% or higher, or if you’re under the influence of drugs or alcohol to a degree that renders you incapable of safely operating a vehicle. And yes, that includes marijuana, even if you’re a medical cardholder. The penalties for a DUI depend on whether it’s your first offense and whether there are any aggravating factors, like causing an injury accident or having a passenger under 15 in the car.For a standard first-offense DUI, you’re looking at:

• 2 days to 6 months in jail OR 24-96 hours of community service
• $400 to $1,000 in fines
• A 90-day driver’s license revocation
• DUI school
• A victim impact panel

If your BAC was .18% or higher, you’ll also have to install an ignition interlock device in your car for up to 3 years.Now, if it’s your second DUI within 7 years, the penalties go up:

• 10 days to 6 months in jail
• $750 to $1,000 in fines
• A 1-year license revocation
• An alcohol/drug dependency evaluation
• Possible ignition interlock

Get to a third offense within 7 years and now you’re in felony territory, with:

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2024-03-21

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2024-03-18

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2024-03-15

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2024-03-15

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2024-03-12

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2024-03-12

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2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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• 1 to 6 years in prison
• $2,000 to $5,000 in fines
• A 3-year license revocation

And if you ever cause substantial bodily harm or death while driving under the influence, you’re looking at 2 to 20 years in prison, along with fines and a 3-year license suspension.Bottom line: Nevada takes DUIs seriously, and the consequences can be severe. If you’re facing charges, your best bet is to consult with an experienced DUI attorney who can help you understand your options and mount a defense. There may be ways to get the charges reduced or dismissed, depending on the facts of your case.

Assault & Battery: What’s the Difference?

Alright, let’s move on to another common area of criminal law: assault and battery. These terms get thrown around a lot, often interchangeably, but they actually refer to two distinct offenses under Nevada law.

Assault is defined as intentionally placing someone else in reasonable fear of immediate bodily harm. So if you take a swing at someone but don’t actually make contact, that’s assault. The penalties depend on the circumstances:

• Misdemeanor assault (no weapon): up to 6 months in jail and/or up to a $1,000 fine
• Assault with a deadly weapon: 1 to 6 years in prison and up to a $5,000 fine
• Assault on a protected employee (like a police officer or healthcare worker): 1 to 6 years in prison and up to a $5,000 fine

Battery, on the other hand, is the willful and unlawful use of force or violence against another person. In other words, battery is assault plus contact. Again, the penalties vary based on the situation:

• Misdemeanor battery: up to 6 months in jail and/or up to a $1,000 fine
• Battery with a deadly weapon: 2 to 10 years in prison and up to a $10,000 fine
• Battery causing substantial bodily harm: 1 to 5 years in prison and up to a $10,000 fine

There are defenses available in assault and battery cases, such as arguing that you were acting in self-defense or defense of others. But these can be tricky to prove, so it’s important to have an attorney in your corner who can help you build your case.

Theft Crimes in Nevada

Next up, let’s talk about theft offenses. Nevada law covers a wide range of theft-related crimes, from shoplifting to embezzlement to auto theft. The severity of the offense generally depends on the value of the property stolen.

For example, petit larceny (stealing property worth less than $1,200) is a misdemeanor, punishable by up to 6 months in jail and a $1,000 fine. But grand larceny (stealing property worth $1,200 or more) is a category B felony, which carries 1 to 10 years in prison and up to a $10,000 fine.Here are a few other common theft crimes and their penalties:

• Burglary (entering a building with intent to commit a crime inside): 1 to 10 years in prison and up to a $10,000 fine
• Robbery (theft using force or threats of force): 2 to 15 years in prison
• Auto theft: 1 to 10 years in prison and up to a $10,000 fine

There are also a host of theft-related offenses that fall under the umbrella of “white collar” crimes, like embezzlement, forgery, and fraud. These can carry hefty prison sentences and fines, especially if the amount stolen is significant.As with other crimes, there may be defenses available in theft cases. Common arguments include claiming that you had permission to take the property, that you were intoxicated and lacked intent, or that you were falsely accused. An experienced criminal defense attorney can help you determine the best strategy for fighting the charges.

Drug Crimes & Penalties

Nevada has taken steps to decriminalize certain drug offenses, but the state still takes a fairly tough stance on drug-related crimes overall. Possession of a controlled substance for personal use (i.e., drugs like cocaine, heroin, and meth) is a category E felony, punishable by 1 to 4 years in prison and up to a $5,000 fine. But if you’re caught with larger quantities, you could be looking at trafficking charges, which carry much steeper penalties. For example:

• Trafficking 4-14 grams of a schedule I drug: 1 to 6 years and up to $50,000 in fines
• Trafficking 14-28 grams: 2 to 15 years and up to $100,000 in fines
• Trafficking 28 grams or more: Life in prison with the possibility of parole after 10 years and up to $500,000 in fines

Now, when it comes to marijuana, the laws have changed quite a bit in recent years. As of 2017, it’s legal for adults 21 and over to possess up to an ounce of marijuana for recreational use in Nevada. But there are still plenty of ways to run afoul of the law, like:

• Possessing more than an ounce of marijuana
• Selling marijuana without a license
• Driving under the influence of marijuana
• Possessing marijuana in a school zone or correctional facility

The penalties for these offenses range from misdemeanors to felonies, depending on the amount involved and the specific circumstances. If you’re facing drug charges in Nevada, it’s crucial to have an attorney who understands the complex and ever-changing landscape of drug laws. They can help you explore your options, which may include seeking alternative sentencing through a drug court program or negotiating a plea deal for reduced charges.

Domestic Violence Laws

Let’s move on to an issue that’s gotten a lot of attention in recent years: domestic violence. Nevada has some of the toughest domestic violence laws in the country, and for good reason. These crimes can have a devastating impact on victims and families. In Nevada, domestic violence is defined as any act of violence (including assault and battery) committed against someone with whom you have a domestic relationship, such as:

• A spouse or former spouse
• Someone you’re dating or used to date
• A co-parent
• A family member
• Someone you live with or used to live with

A first offense of misdemeanor domestic violence carries a minimum of 2 days in jail (and up to 6 months), a $200 fine, community service, and domestic violence counseling. But the penalties go up significantly for repeat offenses:

• 2nd offense within 7 years: 10 days to 6 months in jail, $500 to $1,000 fine
• 3rd offense within 7 years: 1 to 5 years in prison and up to a $10,000 fine

And if you commit domestic violence in violation of an existing restraining order, you’re looking at a category C felony, which carries 1 to 5 years in prison and up to a $10,000 fine. It’s important to note that domestic violence convictions also come with a host of collateral consequences, like losing your right to own firearms and potentially facing deportation if you’re not a U.S. citizen. If you’re facing these charges, you need an attorney who understands the high stakes involved and knows how to mount an aggressive defense on your behalf.

Sex Crimes & Penalties

Alright, let’s tackle an especially serious category of offenses: sex crimes. These cases are always sensitive and high-stakes, given the severe penalties and lifelong consequences that can come with a conviction. Some of the most commonly charged sex crimes in Nevada include:

• Sexual assault (rape): Up to life in prison, with parole eligibility after 10 years
• Statutory sexual seduction (“statutory rape”): 1 to 10 years in prison
• Lewdness with a minor under 16: 1 to 10 years in prison and up to a $10,000 fine
• Indecent exposure: Up to 364 days in jail and/or up to a $2,000 fine for a first offense; 1 to 4 years in prison and up to a $5,000 fine for a repeat offense

In addition to prison time and fines, a sex crime conviction will also typically require you to register as a sex offender, often for life. This can severely limit where you can live and work, and it carries a heavy social stigma. Defending against sex crime charges is a complex and delicate matter. There are a number of potential defenses, such as arguing that the encounter was consensual, that the accuser is lying or mistaken, or that there’s insufficient evidence to prove guilt beyond a reasonable doubt. But these cases often come down to a “he said, she said” situation, which can be challenging to navigate.If you’re facing sex crime charges, it’s absolutely essential to have an experienced defense attorney in your corner from day one. Look for someone who has a track record of success in these types of cases and who knows how to handle the unique challenges they present.

Homicide & Murder Charges

Finally, let’s discuss the most serious crime of all: homicide. In Nevada, criminal homicide is divided into several categories, each with its own set of elements and potential penalties:

• First-degree murder: Willful, deliberate, and premeditated killing; killing during the commission of certain felonies; killing of a police officer; killing involving torture or poison. Penalties range from 20 years to life in prison without parole, and the death penalty is a possibility in some cases.
• Second-degree murder: All other types of murder. Penalties include 10 years to life in prison, with parole eligibility after 10 years.
• Voluntary manslaughter: Killing in the “heat of passion” or upon provocation. 1 to 10 years in prison.
• Involuntary manslaughter: Unintentional killing through criminal negligence. 1 to 4 years in prison.

As you can imagine, homicide cases are incredibly complex and high-stakes. There are a number of potential defenses that may apply, such as self-defense, defense of others, accidental killing, or lack of intent. But building a successful defense requires a deep understanding of the law, the facts of the case, and the available evidence.If you or a loved one is facing homicide charges, it’s critical to seek out a top-notch defense attorney right away. Look for someone with specific experience handling these types of cases, and don’t be afraid to ask tough questions about their track record and approach.

Practical Tips for Navigating the Criminal Justice System

We’ve covered a lot of ground here, from the basics of Nevada’s criminal laws to the specific penalties for various offenses. But I want to leave you with some practical tips for navigating the criminal justice system if you ever find yourself facing charges.

1. Don’t talk to the police without an attorney present. I know it’s tempting to try to explain your side of the story, but anything you say can and will be used against you. Politely invoke your right to remain silent and your right to an attorney, and leave it at that.
2. Find an experienced criminal defense attorney as soon as possible. Look for someone who has a track record of success in cases like yours and who you feel comfortable working with. Don’t just go with the first name that pops up on Google – do your research and schedule consultations with a few different attorneys before making a decision.
3. Be honest with your attorney. Your lawyer can’t help you if they don’t have all the facts. Be upfront about what happened, even if it’s embarrassing or incriminating. Everything you tell your attorney is protected by attorney-client privilege, so you don’t have to worry about it being used against you.
4. Don’t discuss your case with anyone else. That includes friends, family members, and cellmates. You never know how something you say could be twisted and used against you later on.
5. Take the process seriously, but try not to panic. Facing criminal charges is scary, there’s no doubt about it. But getting overly stressed or anxious won’t help your case. Trust your attorney to guide you through the process, and try to take care of yourself as best you can in the meantime.