If you are facing a criminal charge in Nevada, fear and uncertainty of your future is a huge concern. Not knowing if you will be sentenced to years without a driver’s license or even behind bars can be a little unnerving. If you are scared of what your criminal charges mean for your future, contact us today.
While no one can predict with absolute certainty what the result of your case will be, we can get an idea based on the circumstances of your case, and our knowledge of the laws and criminal court process in Nevada.
A judge takes many things into consideration when determining your sentence, the biggest, perhaps, is the charges against you. In Nevada, criminal charges are divided into several categories.
Nevada Criminal Misdemeanors
Misdemeanor: A misdemeanor offense is the lowest grade criminal offense under Nevada law. If convicted of a misdemeanor, you could face up to 6 months in jail and fines reaching $1,000.
Gross Misdemeanor: A gross misdemeanor is slightly more serious and is punishable by up to 1 year in jail and $2,000 in fines.
Nevada Criminal Felonies
Felonies: Felonies are the most serious of all crimes and have consequences that last far longer than misdemeanors. The penalty you face for a felony charge depends on how that particular crime is classified:
|Class E||1-4 years in prison and fines reaching $5,000||Possession of Drugs|
|Class D||1-4 years in prison and fines reaching $5,000||Drug Use, Felony DUI|
|Class C||1-5 years in prison and $10,000 in fines||Grand Larceny, Assault, Theft|
|Class B||1-20 years in prison and fines||Aggravated Assault, Serious Drug Crimes. Sexual Offenses|
|Class A||Life imprisonment or death and fines||Murder, Rape, Kidnapping|
Ref: NRS §193.130
Nevada Criminal Court Procedures
Another thing considered when determining your sentence is what’s called a presentence investigation or presentence report. This investigation is primarily used in the sentencing of felony offenses.
A presentence investigation is typically conducted by a probation officer and features numerous details about you, your crime, and your life, all designed to help the judge determine a proper sentence.
Among the possible details found in a presentence report are:
- Psychological evaluations and mental health history
- Drug/Alcohol evaluations and history
- Employment history
- Financial history
- Residential information
- Family details
- Criminal record
One of the main uses for the presentence report is for the judge to determine if you are a good candidate for community supervision or probation. The probation officer often includes their own recommendation in the report for the judge to consider as well.
Many criminal cases end in a form of community supervision; the most common of which is probation. Probation occurs when your criminal sentence is suspended. This simply means that you are sentenced to a period of incarceration but that period is suspended while you serve probation.
If you successfully complete your probation without violations you won’t have to serve that original sentence. If, however, you violate your probation your probation can be revoked and your jail or prison sentence activated, requiring you to serve the initial sentence.
Probation isn’t always as easy as people think but it is certainly preferable to serving prison time.
The terms or conditions of your probation will depend on your specific crime but may include the following:
- Random drug/alcohol testing
- Community service
- Maintaining employment
- Regular check-ins with your officer
- Avoiding contact with law enforcement
It is said that a criminal defense lawyer can improve your chances of getting probation in lieu of jail time. If you are curious what your chances are of serving probation, call me today for a consultation on your case.
Also, if you are facing probation violation proceedings, we can help you with your legal problems. Please contact us right away.