Las Vegas Defense Attorney

VIOLENT CRIMES

Violent crimes are on the rise in most cities across the nation.  People convicted of violent crimes have their prison sentences impacted by the harm done to their victims.  Additionally, violent criminals are housed in maximum security prisons, with less privileges.  You need an experienced defense attorney who is able to mitigate the circumstances surrounding the crimes charged to obtain the best possible resolution on your case.

Assault – N.R.S. 200.471

Assault means intentionally placing another person in reasonable apprehension of immediate bodily harm.  If charged as a misdemeanor, you can be sentenced to a fine of not more than $1,000, or by imprisonment in a county jail for not more than 6 months.

Gang Enhancement Penalty – N.R.S. 193.168

Any person who is convicted of a felony committed knowingly for the benefit of, at the direction of, or in affiliation with, a criminal gang, with the specific intent to promote, further or assist the activities of the criminal gang, shall be punished by imprisonment in the state prison for a term equal to and in addition to the Term of imprisonment prescribed by the statute for the crime. The sentence prescribed by this section must run consecutively with the sentence prescribed by statute for the crime.

Home Invasion – N.R.S. 205.067

A person, who by day or night, forcibly enters an inhabited dwelling without permission of the owner, resident or lawful occupant, whether or not a person is present at the time of the entry, is guilty of invasion of the home.  If there is no weapon used, it is a “B” felony carrying a sentence of 1 to 10 years in prison, and up to a $10,000 fine.  If a weapon is used, it carries a sentence of 2 to 15 years in prison, and up to a $15,000 fine.

Kidnapping – N.R.S. 200.310

1st Degree - A person who willfully seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away a person by any means whatsoever with the intent to hold or detain, or who holds or detains, the person for ransom, or reward, or for the purpose of committing sexual assault, extortion or robbery upon or from the person, or for the purpose of killing the person or inflicting substantial bodily harm upon him, or to exact from relatives, friends, or any other person any money or valuable thing for the return or disposition of the kidnapped person, and a person who leads, takes, entices, or carries away or detains any minor with the intent to keep, imprison, or confine him from his parents, guardians, or any other person having lawful custody of the minor, or with the intent to hold the minor to unlawful service, or perpetrate upon the person of the minor any unlawful act is guilty of kidnapping in the first degree which is a category A felony.  This sentence can be life, with or without the possibility of parole, or a set term of 15 years. 

2nd Degree - A person who willfully and without authority of law seizes, inveigles, takes, carries away or kidnaps another person with the intent to keep the person secretly imprisoned within the state, or for the purpose of conveying the person out of the state without authority of law, or in any manner held to service or detained against his will, is guilty of kidnapping in the second degree which is a category B felony.  This carries a sentence of 2 to 15 years in prison, with up to a $15,000 fine.

Murder – N.R.S. 200.010

Murder is the unlawful killing of a human being with malice aforethought, either express or implied.  There are different degrees of murder.  N.R.S. 200.030

1st degree murder is an “A” felony, and can carry a death penalty, life without the possibility of parole, life with the possibility of parole after 20 years, or a definite sentence of 50 years with the possibility of parole after 20 years.

2nd degree murder is an “A” felony, and carries a sentence of either life with the possibility of parole after 10 years, or a definite sentence of 25 years with the possibility of parole after 10 years.

Robbery – N.R.S. 200.380

Robbery is the unlawful taking of personal property from the person of another, or in his presence, against his will, by means of force or violence or fear of injury, immediate or future, to his person or property, or the person or property of a member of his family, or of anyone in his 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.  This crime is a "B" felony carrying a prison sentence of 2 to 15 years.

Sexual Assault – N.R.S. 366

A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his conduct, is guilty of sexual assault. 

If the victim sustains substantial bodily harm, this crime carries a life sentence, without the possibility of parole, or with the possibility of parole after 15 years.  If the victim does not sustain substantial bodily harm, this crime carries a prison sentence of life with the possibility of parole after 10 years. 

If the crime is committed against a child under 16 years old, and results in substantial bodily harm, the sentence is life without the possibility of parole.  If no substantial bodily harm results, the sentence is life with the possibility of parole after 20 years.

If there is any previous conviction for sexual assault or sexual offense against a child under 16 years old, whether in this state or another, the sentence is life without the possibility of parole.

Use of a Deadly Weapon or Tear Gas – N.R.S. 193.165

Any person who uses a firearm or other deadly weapon or a weapon containing or capable of emitting tear gas, whether or not its possession is permitted by N.R.S. 202.375, in the commission of a crime shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.

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