Habitual Crimes in Nevada

Has Nevada charged you as a habitual criminal? A conviction on a habitual criminal charge can carry severe penalties on top of those applicable to your present offense. With the help of an experienced criminal defense attorney, you could avoid or minimize the consequences of a habitual criminal conviction. 

What Is a Habitual Criminal in Nevada?

Under Nevada law, a convicted defendant qualifies as a habitual criminal when they have five or more prior convictions for felony offenses in Nevada or another state. However, two specific felony offenses do not count towards qualification as a habitual criminal:

• Consumption of illegal drugs or being under the influence of drugs
• Possession of illegal recreational drugs, except when possessing any amount of GHB or Rohypnol, Schedule I or II drugs in the amount of 28 grams, or Schedule III, IV, or V drugs in the amount of 200 grams. 

Penalties for Being a Habitual Criminal in Nevada

The penalties for a conviction as a habitual criminal in Nevada may vary depending on the number of prior qualifying felony convictions a defendant has. A defendant with five or six prior qualifying felony convictions will face a category B felony conviction, which carries a sentence of five to 20 years in prison. However, a defendant with seven or more prior convictions will face a category A felony conviction, which carries a punishment of life without parole, life with the possibility of parole after ten years, or a 25-year sentence with parole eligibility after ten years. 

Is a Habitual Felon Different from a Habitual Criminal?

In Nevada, “habitual criminal” and “habitual felon” refer to different types of offenders. An offender becomes a habitual criminal when they accrue their sixth qualifying felony conviction. However, a habitual felon is an offender who has accrued three “serious felony” convictions. A conviction as a habitual felon constitutes a category A felony offense, which carries a penalty of life without the possibility of parole, a life sentence with possible parole after ten years, or a 25-year term with parole eligibility beginning after ten years. 

Nevada also has a category for habitual fraudulent felons, which include offenders who have accumulated three fraud-based felony convictions where the victim(s) in each offense were:

• 60 years old (65 if the crime occurred before October 1, 2003),
• Mentally disabled, or
• A vulnerable person

Conviction as a habitual fraudulent felony constitutes a category B felony offense with a sentence of five to 20 years in prison.

What Can I Do About Habitual Criminal Charges?

Prosecutors have discretion in whether to charge a defendant as a habitual criminal. However, trial courts also have discretion to dismiss a habitual criminal charge. An experienced criminal defense attorney can help you fight a habitual criminal charge by gathering records or evidence to show that some of your prior convictions do not qualify as felony offenses that count toward a habitual criminal charge. 

An attorney can also argue that the judge should exercise their discretion to dismiss a habitual criminal charge by showing that convicting you as a habitual criminal does not serve the interests of justice. 

Need a Las Vegas Criminal Defense Lawyer? Call Adras & Altig Now!

After getting arrested in Nevada, you deserve experienced legal representation to help you fight for a favorable resolution to your charges. Contact Adras & Altig, Attorneys at Law, today for a free, confidential consultation to discuss your legal options with an experienced criminal defense lawyer.