NRS 207.010 - .014 - Habitual criminals in Nevada

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NRS 207.010 to 207.014
are the Nevada laws that make being a habitual offender its own crime. Anyone who picks up a third felony conviction risks being charged as a repeat offender. Nevada has three classes of habitual offenders. 1) Habitual criminals. 2) Habitual felons. And 3) Habitual fraudulent felons.

Repeat offender crime

Nevada penalties

Habitual criminals (NRS 207.010)

People convicted of any felony when they already have 2 prior felony convictions.

If there are 3 prior felony convictions ("big bitch"):

Category A felony:

  • Life in prison with no parole;
  • Life in prison with possible parole after 10 years; or
  • 25 years in prison with possible parole after 10 years

If there are 2 prior felony convictions (“small bitch”):

Category B felony:

Habitual felons (NRS 207.012)

People convicted of a serious felony. And they have 2 prior serious felony convictions.

Category A felony:

  • Life in prison with no parole;
  • Life in prison with possible parole after 10 years; or
  • 25 years in prison with possible parole after 10 years

Habitual fraudulent felons (NRS 207.014)

People convicted of a fraud felony. They have 2 prior fraud felony convictions. And the victim in each offense was either:

  • At least 60 years old (or 65 if the fraud occurred October 1, 2003);
  • Mentally disabled; or
  • A mentally or physically incapacitated adult (“vulnerable person”)

Category B felony:

  • 5 – 20 years in prison

In this article, our Las Vegas criminal defense attorneys discuss:

gavel and cuffs (NRS 207.010; NRS 207.012; NRS 207.014)
Committing multiple felonies is a felony in Nevada.

1. What are habitual criminals under NRS 207.010?

Defendants face habitual criminal charges if they have three felony convictions. Any felony counts except for these minor drug offenses:

There are two possible penalty ranges: "Small bitch" and "big bitch." Bitch comes from the last syllable of habitual

"Small bitch" is for defendants with three felony convictions. It is a category B felony. It carries 5 to 20 years in prison.

"Big bitch" is for defendants with four felony convictions. It is a category A felony. It carries:

  • Life in prison with or without possible parole after 10 years; or
  • 25 years in prison with possible parole after 10 years

Not all defendants with three felony convictions get "bitched." The D.A. can choose not to file habitual criminal charges. And if the D.A. does file, the judge may dismiss it.1

Starting in July 2020, habitual criminal laws become laxer. Only people with six felony convictions can face NRS 207.010 charges.2

2. What are habitual felons under NRS 207.012?

Defendants face habitual felon charges for having three serious felony convictions. These serious felonies include:

Violating NRS 207.012 is a category A felony. This is also referred to as "big bitch." The judge may impose:

  • Life in prison with or without possible parole after 10 years; or
  • 25 years in prison with possible parole after 10 years

Judges may not dismiss habitual felon charges.3

3. What are habitual fraudulent felons under NRS 207.014?

Defendants face habitual fraudulent felon charges if:

  1. They have been convicted of three felony fraud crimes; and
  2. "Intent to defraud" was an element in each fraud crime; and
  3. The victim was mentally or physically incapacitated. Or the victim was at least 60 years old. (Or 65 if the fraud occurred before October 1, 2003.)

Common fraud felonies include:

Violating NRS 207.014 is a category B felony. The penalty is 5 to 20 years in prison.

Judges may not dismiss habitual fraudulent felon charges.4

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Call a Nevada criminal defense attorney...

Arrested in Nevada? Call our Las Vegas criminal defense attorneys. 702-DEFENSE (702-333-3673). Or fill out the form on this page. We fight to reduce or dismiss charges.

In California? Learn about the three strikes law (PC 667).

In Colorado? Learn about the habitual offender laws (CRS 18-1.3-801).

Also learn about the federal "three strikes" law (18 U.S.C. 3559(c)).


Legal References

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