Are there extra penalties for carrying a gun during a crime in Nevada?

Posted by Neil Shouse | Dec 29, 2014 | 0 Comments

Yes, if the person used the gun in conscious furtherance of the crime.

Whenever somebody gets convicted of an offense in Nevada, the judge will order a longer sentence if the defendant used a deadly weapon to carry out the crime. Examples include:

  • Holding up a cashier by pointing a gun at him/her
  • Hitting somebody with a gun to hurt him/her
  • Shooting a gun in an attempt to kill someone

Merely brandishing a gun during the commission of a crime could be sufficient to warrant the weapons enhancement penalty in Nevada. But if the defendant keeps the gun completely hidden during the crime, then there is a good chance the sentence enhancement will not attach.

After a Nevada court finds that a defendant used a gun (or any deadly weapon) in the commission of a crime, the judge has to increase the underlying sentence from one to twenty years; however, the length of the enhancement may be no longer than the length of the underlying sentence. For example, a five-year sentence for robbery can be increased to no more than ten years total if the defendant used a gun in the commission of the robbery.

Note that the sentence enhancement for using a deadly weapon in the commission of a crime in Nevada runs concurrently with the sentence for the underlying crime; judges may not run the two sentences concurrently.  Also note that there will not be a sentence enhancement if using a gun is a required element of the underlying crime itself, such as furnishing weapons to prisoners or discharging a gun into a building.

Nevada judges deliberate over various factors when deciding the length of the weapon sentence enhancement. These include:

  • the defendant's criminal history, and
  • the nature of the crime, and
  • how the crime affected the victim

Read more information about Nevada laws for using a deadly weapon in the commission of a crime.

About the Author

Neil Shouse

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, Court TV, 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.


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