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.