NEVADA CRIMINAL LAW

The State of Nevada details criminal law and criminal trial procedure in the State statutes. Nevada's criminal law code contains a large collection of rules covering a wide variety of topics. Some of those topics are outlined below in an effort to highlight some of the critical aspects of Nevada criminal law. Because each case is different and judged on the unique facts of the situation, anyone arrested in Nevada should contact a Nevada criminal attorney for specific questions and assistance.

Nevada Drug Possession

Nevada's laws against drug possession and sale provide varying punishments depending on the type of drug, the quantity of drug possessed, and the age of the defendant. The primary age distinction arises in marijuana cases where the penalties for minors are much stiffer than penalties for adults. Possession of marijuana for anyone under 21 is a felony punishable by 1 - 4 years in jail (or juvenile detention) and a fine up to $5,000. The penalties for adults:

1. Marijuana penalties in Nevada, although somewhat lenient for adults, can still lead to jail time for those arrested.
1. Possession of marijuana is decriminalized in Nevada, and anyone charged with possession faces a fine up to $1,000, and possible court mandated drug treatment.
2. Possession can be elevated to possession with intent to sell, and become a distribution charge.
3. Distribution of less than 100 pounds of marijuana can result in 1 - 6 years in jail and a fine up to $20,000. If arrested with more than 100 pounds of marijuana, the defendant faces 5 - 20 years and a fine up to $50,000.
2. Narcotics penalties in Nevada will likely result in jail time.
1. Possession of any amount of narcotics such as cocaine or heroin is a felony punishable by 1 - 6 years in jail and a $5,000 fine.
2. Sale of narcotics can result in a prison sentence of 1 - 20 years and a fine up to $20,000.
3. Anyone bringing narcotics into Nevada faces trafficking charges and minimum jail sentences ranging from 1 - 10 years with maximum time served from 25 - Life, and fines up to $500,000.

A drug charge in Nevada is a serious offense, and the circumstances of the arrest will determine the appropriate penalty. Anyone arrested for drug possession in Nevada should contact a Nevada criminal defense attorney immediately.

Battery In Nevada

A battery charge in Nevada will be filed if someone is arrested for using willful and unlawful force on another person. The crime of battery can result in varying charges depending on the severity of the attack, the use of a weapon, or who the victim is.

• A Nevada battery that does not involve a deadly weapon or cause serious injury to the victim is a misdemeanor punishable by up to 6 months in jail and a fine up to $1,000. If the attacker does cause serious injury, than the battery charge is a felony punishable by 1 - 5 years in jail and a fine up to $10,000.
• If the battery is committed against a particular class of victim such as a police officer, school employee, medical provider, or referee at a sporting event than the battery charge is a felony punishable by 2 - 10 years in jail and a fine up to $10,000.
• A Nevada battery charge involving a deadly weapon that does not cause substantial harm is a felony punishable by 2 - 10 years in jail and a fine up to $10,000. If the battery with a deadly weapon does cause substantial harm, a conviction is punishable by 2 - 15 years in jail and a $10,000 fine.

Because a battery charge in Nevada carries a punishment that varies depending on the circumstances, anyone with specific questions regarding a battery offense should contact a Nevada criminal attorney.

Nevada Drunk Driving - DUI

A DUI arrest in Nevada is not something to take lightly as it can result in serious and expensive consequences for a conviction. A first time DUI conviction can carry jail time from 48 hours - 6 months, or 96 hours of community service. Your driver's license will be suspended for up to 90 days, with the possibility of a restricted license issued half way through. An ignition interlock device may be required for a restricted license. Additionally, anyone convicted of a DUI in Nevada will have to pay a fine between $400 - $1,000, pay tuition to an alcohol treatment class, and pay a collection of court fees and administrative costs to reinstate their driving privileges. If arrested for a DUI in Nevada, contact a Nevada DUI attorney immediately for advice and a defense to the charge.

Trial Date In Nevada

After a defendant in Nevada is arraigned, the court will set a trial date. The prosecutor may demand that a trial begin within 60 days of the arraignment, otherwise the trial date will be set as soon as possible. Either party may be granted a continuance to provide more time to prepare for the upcoming trial by submitting a written and signed affidavit to the court requesting a new trial date be set. For questions about setting a trial date or requesting a continuance, consult a Nevada criminal lawyer.

Right To Jury In Nevada

A Nevada defendant facing trial for minor crimes in a local Justice Court will not have a trial by jury unless he requests one in writing within 30 days of the trial date. Criminal cases in Nevada district courts will have a trial by jury unless the defendant files a written request to the judge to waive the trial by jury and be tried by the judge instead. A defendant in a capital case cannot waive the jury trial. It is advised to speak with a Nevada criminal defense lawyer with any jury trial questions or concerns.

Sentence Review / Appeals In Nevada

A convicted defendant in Nevada has a right to appeal their case to a higher court for review. A Nevada defendant may appeal the conviction or the sentence for errors made in applying the law to the facts of the defendant's case. An appeal in Nevada can be a complex process that requires timely attention to legal procedures. Any defendant considering an appeal should contact a Nevada criminal defense attorney prior to taking any appeal action.

Nevada Revised Statutes

Relevant Nevada Criminal Laws

1. Nevada Drug Possession
1. Nev. Rev. Stat. tit. 40, ch. 453, §§ 453.336, 453.337, 453.3385.
2. Battery in Nevada
1. Nev. Rev. Stat. tit. 15, ch. 200, § 200.481.
3. Nevada Drunk Driving - DUI
1. Nev. Rev. Stat. tit. 43, ch. 484C, § 484C.400.
4. Trial Date in Nevada
1. Nev. Rev. Stat. tit. 14, ch. 174, § 174.511.
5. Right to Jury in Nevada
1. Nev. Rev. Stat. tit. 15, ch. 175, § 175.011.
6. Sentence Review / Appeals in Nevada
1. Nev. Rev. Stat. tit. 14, ch. 177, § 177.015.