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.
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The penalties for attempting to escape from prison in Nevada depend on whether the defendant is incarcerated for a misdemeanor, gross misdemeanor, or a felony. If it is for a gross misdemeanor, the penalty is generally up to 364 days in jail. If it is for a felony, the penalty can be up to 10 or 20 years in prison.
Nevada inmates who have been charged with or convicted of a gross misdemeanor or misdemeanor face the following penalties if they attempt to escape:
If they do not use a dangerous weapon to facilitate the breakout, attempting to escape is a gross misdemeanor, carrying:
If they do use a dangerous weapon to facilitate the breakout, attempting to escape is a category B felony, carrying:
Nevada inmates who have been charged with or convicted of a felony will be charged with a category B felony if they attempt to escape. The specific penalties depend on whether any of these three “aggravating circumstances” apply:
If any of these three aggravating circumstances occurred, the defendant faces:
Furthermore, the sentence must run consecutively with the sentence for the underlying felony. Finally, the judge may not grant probation or suspend the sentence.
If none of these three aggravating circumstances applies, the defendant faces:
The Nevada penalty for helping an inmate try to escape depends on whether the inmate is incarcerated for a misdemeanor, gross misdemeanor, or a felony.
If the inmate is in custody for a felony, helping him/her try to escape is a category B felony, carrying:
If the inmate is in jail for a misdemeanor or gross misdemeanor, helping him/her try to escape is a gross misdemeanor as long as no dangerous weapon is used to facilitate the breakout. Gross misdemeanor penalties include:
But if weapons are used to facilitate the breakout, helping the inmate escape is a category B felony, carrying;
Knowingly concealing a person who has escaped from custody is a crime in Nevada. The penalty depends on whether the inmate was incarcerated for a misdemeanor, gross misdemeanor, or a felony.
If the inmate was in custody for a misdemeanor, concealing him/her is also a misdemeanor, carrying:
If the inmate was in custody for a gross misdemeanor, concealing him/her is also a gross misdemeanor, carrying:
If the inmate was in custody for a felony, concealing him/her is a category C felony, carrying:
NRS 212.090 Penalties for prisoner who escapes. A prisoner confined in a prison, or being in the lawful custody of an officer or other person, who escapes or attempts to escape from prison or custody, if the prisoner is held on a charge, conviction or sentence of:
1. A felony, shall be punished:
(a) Where a dangerous weapon is used or one or more hostages are taken to facilitate the escape or attempted escape, or substantial bodily harm results to anyone as a direct result of the escape or attempted escape, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $20,000. The sentence imposed pursuant to this paragraph must run consecutively after any sentence imposed for the original felony, and is not subject to suspension or the granting of probation.
(b) Where none of the aggravating factors specified in paragraph (a) are present, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
2. A gross misdemeanor or misdemeanor, shall be punished:
(a) Where a dangerous weapon is used to facilitate the escape or attempted escape, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
(b) Where no dangerous weapon is used, for a gross misdemeanor.
NRS 212.100 Aiding prisoner to escape. A person who, with the intent to effect or facilitate the escape of a prisoner, whether the escape is effected or attempted or not, conveys or sends to a prisoner any information or aid, or conveys or sends into a prison any disguise, instrument, weapon or other thing, or aids or assists a prisoner in escaping or attempting to escape from the lawful custody of a sheriff or other officer or person, shall be punished if the prisoner is held upon a charge, arrest, commitment, conviction or a sentence:
1. For a felony, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
2. For a gross misdemeanor or misdemeanor:
(a) Where a dangerous weapon is used to effect or facilitate the escape or attempted escape, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
(b) Where no dangerous weapon is used, for a gross misdemeanor.
NRS 212.130 Concealing escaped prisoner. A person who knowingly conceals, or harbors for the purpose of concealment, a prisoner who has escaped or is escaping from custody shall be punished, according to the charge or conviction or sentence upon which the prisoner was held:
1. For a category C felony as provided in NRS 193.130, if the prisoner was held for a felony.
2. For a gross misdemeanor, if the prisoner was held for a gross misdemeanor.
3. For a misdemeanor, if the prisoner was held for a misdemeanor.
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.