Misdemeanors

In Nevada, misdemeanors are crimes that are punishable by up to six months in jail and up to $1,000 in fines.

Battery

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

 

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.

Disturbing The Peace/Breach Of Peace

In Nevada, Disturbing the Peace or Breach of Peace occurs when any person maliciously and willfully disturbs the peace or quiet of any neighborhood, person or family by:

  • Loud or unusual noises;
  • Tumultuous and offensive conduct;
  • Threatening, quarreling, challenging to fight or fighting.

Penalties

Disturbing the Peace or Breach of Peace is a misdemeanor and is punishable by:

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

Trespass

In Nevada, Trespass occurs when a person:

  • Goes on the land or into any building of another with intent to vex or annoy the owner or occupant, or to commit any unlawful act; or
  • Willfully goes or remains on any land or in any building after having been warned by the owner or occupant not to trespass.

Penalties

Trespass is a misdemeanor and is punishable by:

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

Solicitation

In Nevada, it is unlawful for anyone, other than a Peace Officer acting within the scope of his or her employment to:

  • Commit, engage in, institute, solicit, offer or agree to commit an act of prostitution;
  • Attempt to commit, engage in, or institute an act of prostitution; or
  • Intentionally facilitate, allow, permit, encourage, procure, negotiate or provide a fee for an act of prostitution

Prostitution, specifically, means engaging in sexual conduct with another person in return for a fee, monetary consideration or other thing of value.

Penalties

Solicitation is a misdemeanor and is punishable by:

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

Obstruction of a Public Officer

In Nevada, Obstruction of a Public Officer occurs when any person who, after notice:

  • Refuses or neglects to make or furnish any statement, report or information lawfully required by a Public Officer;
  • In a statement, report or information to a peace officer willingly makes an untrue, misleading, or exaggerated statement; or
  • Willfully hinders delays or obstructs any public officer.

Penalties

Obstruction of a Public Officer is a misdemeanor and is punishable by:

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

Resisting Arrest

In Nevada, Resisting Arrest occurs when a person willfully resists, delays or obstructs a public officer in discharging or attempting to discharge any legal duty of his or her office.

Penalties

Resisting Arrest is a misdemeanor and is punishable by:

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

If in the course of Resisting Arrest, a person intentionally removes, takes or attempts to a firearm from the officer or the officer’s immediate presence, then it is a Category C Felony and will be punished by:

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

If a dangerous weapon, other than a firearm, is used in the course of the resistance, obstruction or delay, or the person intentionally removes, takes or attempts to remove or take a weapon from the officer or the officer’s immediate presence, then it is a Category D Felony and will be punished by:

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

If you’ve been arrested for Resisting Arrest in Nevada, call our office at (702) 625-0610 for a free consultation. We will review the evidence, investigate the case, and negotiate with the prosecutor to have your Theft charges reduced or dismissed. If you wish to take you case to trial before a judge or jury, we will represent you at trial in pursuit of a not guilty verdict.

Petit 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 less than $650, it is Petit Larceny.

Penalties

Petit Larceny is 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

Disordely Conduct

In Nevada, Disorderly Conduct means:

  • Participating in a fight;
  • Challenging another person to fight;
  • Using profane, indecent or obscene language in addressing another person;
  • Committing a breach of the peace;
  • Inciting a disturbance; or
  • Interfering with, annoying, accosting or harassing any other person which conduct by its nature would tend to incite a disturbance.

Penalties

Disorderly Conduct is a misdemeanor and is punishable by:

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