Felonies

In Nevada, felonies are serious crimes that are punishable by one year or more in Nevada State Prison.

Theft

In Nevada, Theft occurs when a person:

  • Controls any property of another person with the intent to deprive that person of the property;
  • Without authorization controls any property of another person;
  • Obtains real, personal or intangible property or the services of another person by a material misrepresentation with intent to deprive that person of the property or services;
  • Comes into control of lost, mislaid or misdelivered property of another person under circumstances providing means of inquiry as to the true owner and appropriates that property to his or her own use or that of another person without reasonable efforts to notify the true owner;
  • Controls property of another person knowing or having reason to know that the property was stolen;
  • Takes, destroys, conceals or disposes of property in which another person has a security interest, with intent to defraud that person;
  • Draws or passes a check, and in exchange obtains property or services, if the person knows that the check will not be paid when presented; or
  • Obtains gasoline or other fuel or automotive products which are available only for compensation without paying or agreeing to pay compensation.

Penalties

The penalties for Theft vary depending on the value of the property. If the value of the property or services involved is less than $650, the person who committed the Theft is guilty of a misdemeanor and is punishable by:

  • Up to six months in jail;
  • Up to $1,000 in fines; and/or
  • Being ordered to pay restitution.

If the value of the property or services involved is $650 or more but less than $3,500, the person who committed the theft is guilty of a category C felony and is punishable by:

  • 1 to 5 years in prison;
  • Up to $10,000 in fines; and/or
  • Being ordered to pay restitution.

If the value of the property or services involved is more than $3,500, the person who committed the theft is guilty of a Category B Felony and is punishable by:

  • 1 to 10 years in prison;
  • Up to $10,000 in fines, and/or
  • Being ordered to pay restitution.

Burglary

In Nevada, a Burglary occurs when a person enters into any home, business, structure, vehicle, plane or train with the intent to commit any of the following inside:

  • Larceny or Grand Larceny
  • Assault on any person
  • Battery on any person
  • Obtain money or property by false pretenses
  • Any felony

Penalties

Burglary is a Category B Felony and is punishable by:

  •  1 to 10 years in Nevada State Prison; and/or
  • Up to $10,000 in fines.

Deadly Weapon

In Nevada, Deadly Weapon means:

  • any instrument which, if used in the ordinary manner contemplated by its design and construction, will or is likely to cause substantial bodily harm or death; or
  • any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing substantial bodily harm or death.

If a Deadly Weapon is used to commit the Burglary, it is a Category B Felony and is punishable by:

  • 2 to 15 years in Nevada State Prison; and/or
  • Up to $10,000 in fines.

Robbery

In Nevada, Robbery is when a person unlawfully takes the personal property from the person of another, or in the person’s presence, against his or her will, by means of force or violence or fear of injury to his or her person or property, or the person or property of a member of his or her family, or of anyone in his or her company at the time of the robbery. A taking is by means of force or fear if force or fear is used to:

  • Obtain or retain possession of the property;
  • Prevent or overcome resistance to the taking; or
  • Facilitate escape.

Penalties

Robbery is a Category B Felony and is punishable by 2 to 15 years in Nevada State Prison.

Grand Larceny

In Nevada, Larceny is when someone intentionally steals, takes and carries away, leads away or drives away any property owned by another person without their consent. When the property is valued at more $650, it is Grand Larceny.

Penalties

When the property is valued between $650 and $3,500, then Grand Larceny is a Category C Felony and is punishable by:

  • 1 to 5 years in Nevada State Prison; and/or
  • Up ton $10,000 in fines; and/or
  • Being ordered to pay restitution.

If the value of the property is more than $3,500 then Grand Larceny is a Category B Felony and is punishable by:

  • 1 to 10 years in Nevada State Prison; and.or
  • Up to $10,000 in fines; and/or
  • Being ordered to pay restitution.

Arson

In Nevada, Arson is divided into categories based on what is destroyed and whether other people were put in danger.

First Degree Arson  occurs when a person willfully and maliciously sets fire, burns, causes to be burned, or who aids, counsels or procures in the burning of any:

  • Dwelling house or other structure or mobile home, whether occupied or vacant; or
  • Personal property which is occupied by one of more person.

First Degree Arson is a Category B Felony and is punishable by:

  • 2 to 15 years in Nevada State Prison; and/or
  • Up to $10,000 in fines.

Second Degree Arson occurs when a person willfully and maliciously sets fire, burns, causes to be burned, or who aids, counsels or procures in the burning of any abandoned building or structure. Second Degree Arson is a Category B Felony and is punishable by:

  • 1 to 10 years in Nevada State Prison; and/or
  • Up to $10,000 in fines.

Third Degree Arson occurs when a person willfully and maliciously sets fire, burns, causes to be burned or who aids, counsels or procures in the burning of:

  • Any unoccupied personal property of another which has the value of $25 or more;
  • Any unoccupied personal property owned by him or her in which another person has a legal interest; or
  • Any timber, forest, shrubbery, crops, grass, vegetation or other flammable material not his or her own.

Third Degree Arson is a Category D Felony and is punishable by:

  • 1 to 4 years in Nevada State Prison; and/or
  • Up to $5,000 in fines.

Fourth Degree Arson occurs when a person willfully and malicious attempts to set fire or attempts to burn or to aid, counsel or procure the burning of any:

  • Dwelling house or other structure or mobile home, whether occupied or vacant; or
  • Personal property which is occupied by one or more person.

Fourth Degree Arson is a Category D Felony and is punishable by:

  • 1 to 4 years in Nevada State Prison; and/or
  • Up to $5,000 in fines.

 

Assault

In Nevada, an Assault occurs when a person:

  • Unlawfully attempts to use physical force against another person; or
  • Intentionally places another person in reasonable apprehension of immediate bodily harm.

Penalties

Assault is a misdemeanor and is punishable by:

  • Up to six months in jail; and/or
  • Up to $1,000 in fines.

If the Assault is done with a deadly weapon, it is a Category B Felony and is punishable by:

  • 1 to 6 years in Nevada State Prison; and/or
  • Up to $5,000 in fines.

Deadly Weapon

In Nevada, Deadly Weapon means:

  • any instrument which, if used in the ordinary manner contemplated by its design and construction, will or is likely to cause substantial bodily harm or death; or
  • any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing substantial bodily harm or death.

Defenses

In Nevada, some defenses to the crime of Assault are:

  • Lack of Intent
  • Lack of Reasonable Apprehension of Immediate Bodily Harm by the Victim
  • Consent
  • No Deadly Weapon
  • Self Defense

Battery

In Nevada, a Battery occurs when a person willfully and unlawfully uses force or violence upon the person of another.

Penalties

Battery is a misdemeanor and is punishable by:

  • Up to six months in jail; and/or
  • Up to $1,000 in fines.

Enhancements

If a Battery is committed with a Deadly Weapon, against a Protected Person, and/or causes Substantial Bodily Harm, the penalties are more severe.

Deadly Weapon

In Nevada, Deadly Weapon means:

  • any instrument which, if used in the ordinary manner contemplated by its design and construction, will or is likely to cause substantial bodily harm or death; or
  • any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing substantial bodily harm or death.

If a Battery is committed with a deadly weapon, it is a Category B Felony and is punishable by:

  • 2 to 10 years in Nevada State Prison; and/or
  • Up to $10,000 in fines.

Substantial Bodily Harm

In Nevada, Substantial Bodily Harm means:

  • Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss of impairment of the function of any bodily member or organ; or
  • Prolonged physical pain.

If a Battery is committed and the victim suffers substantial bodily harm, it is a Category C Felony and is punishable by:

  • 1 to 5 years in Nevada State Prison; and/or
  • Up to $10,000 in fines.

If a Battery is committed with a deadly weapon and the victim suffers substation bodily harm, it is a Category B Felony and is punishable by:

  • 2 to 15 years in Nevada State Prison; and/or
  • Up to $10,000 in fines.

Protected Person

In Nevada, certain people are protected persons by statute. That means committing a crime against one of those people carries a greater penalty. The list of protected persons in Nevada is:

  • Police Officer
  • Health Care Provider
  • School Employee
  • Taxicab Driver
  • Transit Operator
  • Sports Official

If a Battery is committed on a protected person, it is a Gross Misdemeanor and is punishable by:

  • Up to 364 days in jail; and/or
  • Up to $2,000 in fines.

Defenses

In Nevada, some defenses to the crime of Battery are:

  • Lack of Intent
  • Lack of Reasonable Apprehension of Immediate Bodily Harm by the Victim
  • Consent
  • No Deadly Weapon
  • Self Defense

 

Possession of Stolen Vehicle

In Nevada, a person commits an offense of Possession of Stolen Vehicle if the person:

  • With the intent to procure or pass title to a motor vehicle which the person knows or has reason to believe has been stolen, receives or transfers possession of the vehicle from or to another person; or
  • Has in his or her possession a motor vehicle which the person knows or has reason to believe has been stolen.

Penalties

If the value of the vehicle is less than $3,500 then Possession of Stolen Vehicle is a Category C Felony and is punishable by:

  • 1 to 5 years in Nevada State Prison;
  • Up to $10,000 in Fines.

If the Prosecutor can show that the value of the vehicle is more than $3,500 then Possession of Stolen Vehicle is a Category B Felony and is punishable by:

  • 1 to 10 years in Nevada State Prison;
  • Up to $10,000 in Fines.

Possession of Stolen Property

In Nevada, a person commits an offense involving stolen property if the person buys, receives, possesses or withholds property;

  • Knowing that it is stolen property; or
  • Under such circumstances as should have caused a reasonable person to know that it is stolen property.

Penalties

If the value of the property is less than $640, then Possession of Stolen Property is a misdemeanor and is punishable by:

  • Up to six months in jail; and/or
  • Up to $1,000 in fines.

If the value of the property is $650 or more but less than $3,500 then Possession of Stolen Property is a Category C Felony and is punishable by:

  • 1 to 5 years in Nevada State Prison; and/or
  • Up to $10,000 in fines.

If the value of the property is $3,500 or more, then Possession of Stolen Property is a Category B Felony and is punishable by:

  • 1 to 10 years in Nevada State Prison; and/or
  • Up to $10,000 in fines.

Sex Crimes

Being investigated, accused or charged with a sex crime in Las Vegas can be one of the most serious charges a person can face. Like any serious crime, you may face extensive prison. Certain types of crime can result in mandatory sex offender registration. Registration as a sex offender carries a social stigma that can seriously affect your personal and professional relationships. Here is a list of common sex crimes:

  • Sexual Assault (Sexual Battery/Rape)
  • Statutory Sexual Seduction (Statutory Rape)
  • Lewdness with a Child
  • Open and Gross Lewdness
  • Sexual Misconduct Between Teacher and Student
  • Failure to Register as a Sex Offender
  • Online Solicitation of a Minor
  • Child Pornography

Gun Crimes

Nevada does not require a permit to purchase, own or possess a gun, though a permit is required to carry a concealed weapon. Certain uses of a weapon are prohibited under law, even if the individual has a permit to carry a concealed weapon. A conviction for gun-related offense can result in jail or prison time, fines, and/or even deportation for certain individuals.

Common weapons, firearm and gun charges in Las Vegas can include any of the following:

  • Unlawful Possession of a Firearm (possession while under the influence)
  • Possession of a Firearm by a Convicted Felon
  • Improper Exhibition of a Firearm
  • Weapon Enhancement (used to enhance to the penalty to another crime)
  • Carrying a Concealed Weapon
  • Assault with a Deadly Weapon

Probation Violation

Probation is a period of supervision by the Nevada Department of Public Safety’s Parole and Probation division (P&P). P&P supervises the defendant for either a specified or indeterminate amount of time. During that time the defendant will be responsible for complying with various conditions imposed by the court. These conditions typically include:

  • Obtain and maintain legal employment
  • Community service
  • Abide by a curfew as set by your probation officer
  • Have no contact with co-defendants
  • Have no contact with known felons
  • No possession or use of alcohol or controlled substances
  • Random drug and alcohol testing
  • Stay out of trouble

A probationer that has been accused of violating their probation is entitled to a “Probation Revocation Hearing” to defend themselves and to argue the charges made against them. Penalties such as returning to prison is one of the consequences if the court ruled against the probationer and revokes the probation.

Probationers are permitted to have legal representation at the probation violation hearing.