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.
What is a “Habitual Criminal” in Las Vegas, Nevada?
If you’ve been convicted of multiple criminal offenses in Las Vegas or elsewhere, you could be labeled a “habitual criminal” by the state of Nevada. That dubious designation can result in more severe punishment if and when you are sentenced for another crime.
NRS 207.010 defines who is a “habitual criminal” under Nevada law. The punishment that attaches to that designation depends on whether the conviction at issue is the defendant’s sixth or greater:
Five previous convictions. A person who is convicted in Nevada of any felony, and who has previously been convicted five times, whether in Nevada or elsewhere, of any crime which under the laws of the state where it was committed or under Nevada law would amount to a felony is a habitual criminal. Upon conviction, a defendant will be punished for a category B felony by imprisonment in the state prison for no less than 5 and up to 20 years.
Seven previous convictions. A person who is convicted of any felony, and who has been convicted seven previous times, whether in Nevada or elsewhere, of any crime which under the laws of the state where it was committed or under Nevada law would amount to a felony is a habitual criminal. Punishment will be the same as for a category A felony and can include imprisonment in the state prison:
For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
“Habitual criminal” is not a designation you want to live with as it will mean that you will be living in prison for an extended period of time upon your next conviction. If you are facing criminal charges in Las Vegas, you need an experienced Las Vegas criminal defense attorney to protect your rights and fight for your future.
About the Author
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.
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