Crimes

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The prosecution may charge an individual with any offense(s) for which they believe they have probable cause and jurisdiction.  Below is a list of some commonly-charged offenses in Southern Nevada.  The brief descriptions below are by no means meant to be a full legal tutorial, but can help give you a basic idea of what each charge may entail.  For each crime, you can click the link to the applicable law for more information.

Traffic Offenses

Traffic offenses are largely treated differently from most criminal offenses, but there are some exceptions.  In most cases, traffic offenses may be penalized with a fine and/or traffic school.  However, some more serious offenses may be punished similarly to other criminal offenses (for example, vehicular manslaughter).  Traffic laws are contained in NRS 484.

Misdemeanor Offenses

Misdemeanor (M) offenses may be punished by a maximum of 6 months in jail and a maximum fine of $1,000.  Misdemeanors, if they go to trial, will be heard at a bench trial.  This means that there will not be a jury, but instead the presiding judge will act as factfinder and will determine whether the individual charged is guilty or not guilty after hearing the evidence.

  • AssaultNRS 200.471
    • Essentially, an attempted battery or causing fear through the threat of force to another.
  • Battery (Simple Battery) – NRS 200.481
    • Put simply: an unwanted or offensive touching.  Battery can include grabbing, poking, pushing, punching, throwing something at, and even spitting on another person.
  • Battery Constituting Domestic Violence (BDV)NRS 200.485
    • Domestic violence offenses occur when a battery is combined with a particular relationship between the parties, which could include things like being related by blood or marriage, being roommates, or being in a romantic relationship.
  • Carrying Concealed WeaponClark County Code 12.04.180
    • Carrying certain types of weapons in a concealed manner without a permit.
  • Disorderly ConductClark County Code 12.33.010
    • Generally, causing a disturbance or breaching the peace.
  • Driving Under the Influence (DUI)NRS 484C
    • DUIs are some of the most common but also complex misdemeanor charges, which can include driving while impaired by alcohol or another controlled substance or driving while having more than a minimum concentration in your blood of alcohol or another controlled substance.  DUIs are enhanceable offenses which, depending on the alleged facts and your prior record, could be charged as a felony.
  • Obstructing a Public OfficerNRS 197.190
    • Basically, preventing a law enforcement officer from being able to complete his or her duty.  This can include things like giving an officer a false statement or false name, running from a police officer, or refusing to follow a police officer’s direct lawful command.
  • Petit LarcenyNRS 205.240
    • Stealing property with a value of less than $650.
  • Possession of Stolen PropertyNRS 205.275
    • Possessing property which you knew or had reason to know was stolen with a value of less than $650.
  • Possession of Drug ParaphernaliaNRS 453.560
    • Having drug paraphernalia in your actual or constructive possession.
  • ProstitutionNRS 201.354
    • Engaging in or solicitation of prostitution is NOT legal in Nevada unless it is within a licensed house of prostitution.  There are not any such licensed locations within Clark County, which includes Las Vegas, North Las Vegas, and Henderson.  What this means: prostitution is NOT legal on the Strip or in Las Vegas, despite the well-known “what happens in Vegas, stays in Vegas” slogan!
  • TrespassNRS 207.200
    • In short, being in a place you’re not allowed to be or have been asked to leave.

Gross Misdemeanor and Felony Offenses

Gross Misdemeanors (GM) are punishable by up to 364 days in jail and a maximum fine of $2,000.

Felony (F) offenses are divided into Category A through Category E felonies, with ranges of punishments depending on the category of offense.  Felony offenses are punishable by over one year in prison and over a $2,000 fine, with minimums and maximums for each offense determined by statute.

Gross misdemeanor and felony offenses are often grouped together in the court system because they require trial by jury.  Many, but not all, felony and gross misdemeanor offenses are probationable.  This means that as long as the law allows, the judge may grant the defendant probation with an underlying suspended sentence (prison time to be imposed if the defendant does not successfully complete probation).  The suspended sentence would then fall within the sentencing range for the offense as provided by statute.

  • AssaultNRS 200.471
    • With a Deadly Weapon – Category B Felony (see below for more information about the deadly weapon enhancement)
      • Punishable by 1-6 years in prison and up to $5,000 fine
    • on a Protected Person – GM
      • Protected individuals include officers, school employees, transit workers, health care providers, sports officials, and others.
  • BatteryNRS 200.481
    • Put simply: an unwanted or offensive touching.  Battery can include grabbing, poking, pushing, punching, throwing something at, and even spitting on another person.
    • Simple battery is a misdemeanor (see above)
    • On a Protected Person – GM
      • Protected individuals include officers, school employees, transit workers, health care providers, sports officials, and others.
    • With Substantial Bodily Harm – Category C Felony (see below for more information about the substantial bodily harm enhancement)
      • Punishable by 1-5 years in prison and up to $10,000 fine
    • With Substantial Bodily Harm on a Protected Person – Category B Felony (see above for more information about protected persons and below for more information about the substantial bodily harm enhancement)
      • Punishable by 2-10 years in prison and up to $10,000 fine
    • With a Deadly Weapon – Category B Felony (see below for more information about the deadly weapon enhancement)
      • Punishable by 2-10 years in prison and up to $10,000 fine
    • With a Deadly Weapon Resulting in Substantial Bodily Harm – Category B Felony (see below for more information about the deadly weapon and substantial bodily harm enhancements)
      • Punishable by2-15 years in prison and up to $10,000 fine
    • By a prisoner, probationer, or parolee – Category B Felony
      • Punishable by 1-6 years
    • By a prisoner, probationer, or parolee with a Deadly Weapon – Category B Felony
      • Punishable by 2-10 years
    • By a prisoner, probationer, or parolee With a Deadly Weapon Resulting in Substantial Bodily Harm– Category B Felony
      • Punishable by 2-15 years
  • BurglaryNRS 205.060
    • In short: entering a structure or building with the intent to commit a certain crime.  Although many jurisdictions require that the burglary be committed at night, Nevada does not have the same requirement.  Burglary has many exceptions and nuances which are explained in the statute.
    • General burglary – Category B Felony
      • Punishable by 1-10 years in prison and up to $10,000 fine
    • While in Possession of a Firearm – Category B Felony
      • punishable by 2-15 years in prison and up to $10,000 fine
      • this is different than many “with use of a deadly weapon” offenses because it includes gaining possession of a firearm at any time during the commission of the crime and does not require the “use” element.
    • Burglary is an enhanceable offense that is NOT probationable if you have a prior conviction for burglary, forcible entry or invasion of a dwelling.
  • Carrying Concealed WeaponNRS 202.350(1)(d)
    • Generally: carrying explosives or a machete; or carrying concealed (without a permit to do so) a firearm, deadly weapon, or pneumatic gun (like an air soft gun or BB gun).
    • Depending upon the circumstances, including prior criminal record and the type of weapon involved, may be charged as a Gross Misdemeanor, a Category D Felony, or Category C Felony.
  • Home InvasionNRS 205.067
    • In short:  Forcibly entering an inhabited dwelling (like a home), whether or not the inhabitant is present at the time.  Like Burglary, there is no “nighttime” requirement for this crime.
    • General Home Invasion – Category B Felony
      • Punishable by 1-10 years in prison and up to $10,000 fine
    • With a Deadly Weapon – Category B Felony
      • Punishable by 2-15 years in prison and up to $10,000 fine
    • Like Burglary, Home Invasion is an enhanceable offense that is NOT probationable if you have a prior conviction for burglary, forcible entry or invasion of a dwelling.
  • Property Crimes
    • Grand LarcenyNRS 205.220, 205.222, 205.226, 205.228
      • Essentially: stealing property (except misdemeanor petit larceny) with the intent to permanently deprive the owner of the property
      • Property value $650-$3,549.99 – Category C Felony
        • Punishable by 1-5 years in prison and up to $10,000 fine
      • Property value $3,500 or more – Category B Felony
        • Punishable by 1-10 years and fine up to $10,000
      • Firearm (any value) – Category B Felony
        • Punishable by 1-10 years in prison and up to $10,000 fine
      • Vehicle (any value below $3,500) – Category C Felony
        • Punishable by 1-5 years in prison and up to $10,000 fine
      • Vehicle (value $3,500 or more) – Category B Felony
        • Punishable by 1-10 years and up to $10,000 fine
    • Larceny From the Person NRS 205.270
      • Basically: stealing property while in the person’s presence without the use of force
      • Property value $650-$3,549.99 – Category C Felony
        • Punishable by 1-5 years in prison and up to $10,000 fine
      • Property value $3,500 or more – Category B Felony
        • Punishable by 1-10 years and fine up to $10,000
      • Larceny from the person is not probationable if the victim of the crime has an infirmity caused by age or other condition.
    • Possession of Stolen VehicleNRS 275.273
      • Having actual or constructive possession of a vehicle you knew or should have known was stolen
      • Vehicle (any value below $3,500) – Category C Felony
        • Punishable by 1-5 years in prison and up to $10,000 fine
      • Vehicle (value $3,500 or more) – Category B Felony
        • Punishable by 1-10 years and up to $10,000 fine
    • Unlawful Taking of a VehicleNRS 205.2715 – Gross Misdemeanor
      • Taking a vehicle without permission but not intending to permanently deprive the owner of the vehicle; or keeping a vehicle past the time for which you had permission to have it
    • Possession of Stolen Property NRS 205.275
      • Having possession of property that you knew or should have known was stolen
      • Property value under $650 – Misdemeanor
      • Property value $650-$3,549.99 – Category C Felony
        • Punishable by 1-5 years in prison and up to $10,000 fine
      • Property value $3,500 or more – Category B Felony
        • Punishable by 1-10 years and fine up to $10,000
      • Firearm (any value) – Category B Felony
        • Punishable by 1-10 years in prison and up to $10,000 fine
      • Vehicle (any value below $3,500) – Category C Felony
        • Punishable by 1-5 years in prison and up to $10,000 fine
      • Vehicle (value $3,500 or more) – Category B Felony
        • Punishable by 1-10 years and up to $10,000 fine
    • Possession of Credit Card Without Cardholder’s ConsentNRS 205.690 – Category D Felony
      • Having someone’s credit or debit card without their permission with the intent to give it to someone else or to use it.  If you have more than one card in your possession with someone else’s name on it, there is a legal rebuttable presumption that you had the intent to use or transfer the cards.
      • punishable by 1-4 years in prison and up to $5,000 fine
    • Theft – NRS 205.0832-0835
      • Theft is complex and can be many things, but most often is taking property by fraudulent means
      • Property value under $650 – Misdemeanor
      • Property value $650-$3,549.99 – Category C Felony
        • Punishable by 1-5 years in prison and up to $10,000 fine
      • Property value $3,500 or more – Category B Felony
        • Punishable by 1-10 years and fine up to $10,000
    • ForgeryNRS 205.090-110 – Category D Felony
      • Counterfeiting or falsely signing documents, including checks and bills.  This includes possessing counterfeit or forged instruments with the intent to use them.
      • Punishable by 1-4 years in prison and up to $5,000 fine
  • RobberyNRS 200.380 – Category B Felony
    • Taking property from the person of another or in their presence with the threat or use of force.  Essentially, robbery is larceny from the person but with the addition of force or the threat of force.
    • Punishable by 2-15 years in prison
    • Robbery with the use of a deadly weapon is a non-probationable offense.
  • CoercionNRS 207.190
    • Compelling a person to do something they have the right to do or not do something that they have the right not to do.  For example, not allowing someone to call 911 could be coercion.
    • No force or threat of force – Misdemeanor
    • Threat or use of force – Category B Felony
      • punishable by 1-6 years in prison and fine of up to $5,000
  • KidnappingNRS 200.310-359
    • In its most basic sense, kidnapping is taking, concealing, or confining a person against their will.
    • First Degree – Category A Felony
      • Punishable by:
        • 15-40 years in prison, or
        • life in prison with the possibility of parole after 15 years, or
        • life without the possibility of parole
      • Applies when the kidnapping is done for a certain purpose as listed in the law or when the kidnapping victim is a minor without parent’s permission.
      • Because this is a “specific intent” crime, meaning a specific purpose or the intent to do something wrong, is required, some defenses may be available that would not be in other cases.
      • Additionally, if the crime is charged under the theory that the kidnapping was done with the intent to commit a certain felony (for example, robbery), then the State must be able to prove that the kidnapping was not done simply in the commission of the other crime and/or that the kidnapping increased the harm or risk of harm to the victim.
    • Second Degree – Category B Felony
      • Applies in cases in which first degree does not apply.
      • Punishable by 2-15 years in prison and fine up to $15,000
    • Kidnapping is an extremely serious and complex crime and, if you are charged with it, you should contact Anderlik Law, Chtd., immediately to discuss your case.
    • Kidnapping, despite its name, does not apply only to children or minors.  Kidnapping can also apply to adults.
  • Possession of a Firearm by a Prohibited Person – NRS 202.360 – Category B Felony
    • Sometimes referred to as “possession of a firearm by an ex-felon”
    • Punishable by 1-6 years in prison and up to $5,000 fine
    • There are several categories of individuals who are not allowed to have a firearm in their constructive or actual possession in Nevada.  Under the Nevada law, a person is prohibited from having possession or ownership of a firearm if the person:
      • (a) Has been convicted in this State or any other state of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921(a)(33);

      • (b) Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;

      • (c) Is a fugitive from justice; or

      • (d) Is an unlawful user of, or addicted to, any controlled substance; or

      • (e) Is otherwise prohibited by federal law from having a firearm in his or her possession or under his or her custody or control.
    • In most cases, a person is charged under section (a) or (b) above.
  • Drug-related Crimes
    • Possession of Controlled Substance
    • Possession of Controlled Substance With the Intent to Sell
    • Sale of Controlled Substance
    • Manufacture of Controlled Substance
    • Trafficking Controlled Substance
    • Transporting Controlled Substance
    • Possession of Dangerous Drugs without Prescription
    • Conspiracy to Violate Uniform Controlled Substances Act
  • Definitions, Liability, and Enhancements
    • Attempt
    • Conspiracy
    • Deadly Weapon
      • Definition
      • Enhancement
    • Substantial Bodily Harm
    • Vulnerable Victim
      • Definition
      • Enhancement
    • Possession
      • Actual
      • Constructive