In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Criminal Law A to Z
In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Crimes by NRS Section
Every crime in Nevada is based in a section of the Nevada Revised Statutes (NRS). For each crime, our attorneys explain the laws, penalties and best defenses to fight the charge.
Nevada DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Post-Conviction
Even if you’ve already been convicted of a crime, there is still much you can do to seal your record and restore your rights. Our attorneys explain how.
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
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Yes, pepper spray is legal to buy, own, and carry in Nevada. Pepper spray is a popular self-defense weapon because it can subdue an assailant without causing permanent, serious harm.
Note that you cannot take pepper spray in a carry-on bag on an airplane. If TSA finds any during the screening process, they will confiscate it.1
The active ingredient in pepper spray is the chili-derivative oleoresin capsaicin (OC). People who have pepper spray spritzed on them typically experience such symptoms as:
These symptoms can last up to two hours. However, some people have a high tolerance to pepper spray and do not experience debilitating effects from it.
If you are in an unsafe area, you should carry the pepper spray in your hand instead of in your bag. That way, you can discharge the pepper spray immediately if a threat presents itself.
If someone is assaulting you, discharge the spray toward the assailant’s head for about three seconds. Then run to safety once the assailant is subdued.
When you are using pepper spray, do not extend your spraying hand too far out in front of you. Otherwise, you increase the risk of the assailant snatching it out of your hand and then using it on you.2
Nevada law allows you to fight back against an assailant with reasonable and proportional physical force.3 Therefore, you may use pepper spray in an effort to stop or deflect an immediate assault.
Using pepper spray for any reason other than lawful self-defense is criminal battery. Depending on the facts of the case, battery can be a misdemeanor or a felony.4
Yes. Pepper spray is made from natural substances. In contrast, tear gas is usually made from CS, a crystalline powder comprised of ortho-chlorobenzalmalononitrile.5
In Nevada, adults 18 and older may carry up to two ounces of CS tear gas but only in aerosol form.5 Possessing more than two ounces is a gross misdemeanor, carrying:
However, it is a category B felony to possess or carry any tear gas if you were convicted of:
Category B penalties include:
Note that tear gas cartridges must show the serial number and the manufacturer’s name. Changing or removing identifying marks from tear gas is a gross misdemeanor, carrying:
See our related article, When are police in Las Vegas allowed to use pepper spray?
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.