What are the defenses to OxyContin or Vicodin charges in Nevada?

The most effective defense strategies depend on the circumstances of the case. Typical defenses are: 1) The defendant did not know the drugs were there; 2) The police entrapped the defendant; and/or 3) The police executed an illegal search and seizure.

Can OxyContin or Vicodin charges get reduced or dismissed in Nevada?

Nevada prosecutors may be willing to lessen or drop drug charges to avoid going to trial. First-time drug defendants with minimal criminal history are more likely to receive favorable plea deals. Many first-time defendants accused of simple possession get the opportunity to avoid jail by completing Drug Court . This is an intensive rehabilitation program. Upon successful completion, the D.A. will dismiss the case entirely. Alternatively, the D.A. may lessen a felony drug charge to a misdemeanor under NRS 454.351. The maximum penalties include 6 months in jail and/or $1,000 in fines.

Can an OxyContin or Vicodin case be sealed in Nevada?

Yes. The waiting period to seal a Nevada conviction depends on the category of crime the defendant was convicted of. Category E felony convictions may be sealed 2 years after the case ends. Category D, C, or B convictions can be sealed 5 years after the case ends. And category A convictions can be sealed 10 years after the case ends. Dismissed drug charges may be sealed right away.

Are there immigration consequences to OxyContin or Vicodin charges?

Yes, drug crimes are deportable. In fact, merely admitting to being addicted or dealing drugs makes aliens vulnerable to deportation. Consequently, non-citizens facing drug charges should retain a skilled immigration and criminal defense attorney without delay.

"Oxycontin" & "Vicodin" Drug Laws and Penalties in Nevada

Q: What are the penalties for OxyContin or Vicodin crimes?

It depends on which Nevada drug offense the defendant was convicted of. For example, a first-time possession for personal use is a category E felony, usually carrying probation. A first-time conviction of possession with intent to sell is a category D felony, carrying 1 to 4 years in prison and up to $5,000 (at the court's discretion). A first-time conviction of selling is a category B felony, carrying 1 to 6 years in prison and up to $20,000.

Updated February 6, 2021

Prescription painkillers OxyContin (oxycodone) and Vicodin (hydrocodone) are schedule II controlled substances. Any unlawful use, possession, sale or trafficking of these drugs in Nevada is a felony. But criminal charges can possibly be plea-bargained down to a misdemeanor or dismissal.

Below our Las Vegas criminal defense lawyers answer frequently-asked-questions about OxyContin and Vicodin crimes in Nevada.

Lortab

Hydrocodone is also marketed under the brand Lortab.

1. What are the penalties for OxyContin or Vicodin crimes?

The more serious the charge, the more extensive the prison term and fine.

Nevada OxyContin or Vicodin crime	Sentence
Possession for personal use (NRS 453.336)	Penalties depends on the amount and if the defendant has prior convictions. See our page on drug possession (NRS 453.336) to learn more.
For a first-or second offense involving less than 14 grams, it is a category E felony: The court will grant eligible defendants who plead guilty or no contest a deferral of judgment, which means that the court will dismiss the case if the defendant completes certain court-ordered terms. Otherwise, category E felony convictions carry probation and a suspended sentence, which may include up to one year in jail. (But if the defendant has two or more prior felony convictions, the court may impose one to four years in Nevada State Prison and up to $5,000 in fines.)
Possession for sale (NRS 453.337)	1st conviction Category D felony: 1 – 4 years in prison (the court may grant probation or a suspended sentence); and Up to $5,000 (at the judge’s discretion)
2nd conviction Category C felony: 1 – 5 years in prison; and Up to $10,000 (at the judge’s discretion)
3rd conviction or successive convictions Category B felony: 3 – 15 years in prison; and Up to $20,000 (at the judge’s discretion)
Selling, giving away, transporting, or manufacturing (NRS 453.321)	1st conviction Category C felony: 1 – 5 years in prison (the court may grant probation or a suspended sentence); and Up to $10,000 (at the judge’s discretion)
2nd conviction Category B felony: 2 – 10 years in prison; and Up to $20,000 (at the judge’s discretion)
3rd or successive convictions Category B felony: 3 – 15 years in prison; and Up to $20,000 (at the judge’s discretion)
Trafficking (NRS 453.3385) (The highest prescription dosage of Oxycontin is 160 mg. pills.)	It depends on the amount of drugs:
100 grams to less than 400 grams Category B felony: 2 – 20 years in prison; and Up to $100,000
400 grams or more Category A felony: 15 years or life in prison (with the possibility of parole after 5 years); and Up to $250,000
Being under the influence (NRS 453.411)	Misdemeanor: Up to 6 months in jail, and/or Up to $1,000 in fines.¹

Nevada OxyContin or Vicodin crime

Sentence

Possession for personal use (NRS 453.336)

Penalties depends on the amount and if the defendant has prior convictions. See our page on drug possession (NRS 453.336) to learn more.

For a first-or second offense involving less than 14 grams, it is a category E felony:

The court will grant eligible defendants who plead guilty or no contest a deferral of judgment, which means that the court will dismiss the case if the defendant completes certain court-ordered terms. Otherwise, category E felony convictions carry probation and a suspended sentence, which may include up to one year in jail. (But if the defendant has two or more prior felony convictions, the court may impose one to four years in Nevada State Prison and up to $5,000 in fines.)

Possession for sale (NRS 453.337)

1st conviction

Category D felony:

1 – 4 years in prison (the court may grant probation or a suspended sentence); and
Up to $5,000 (at the judge’s discretion)

2nd conviction

Category C felony:

1 – 5 years in prison; and
Up to $10,000 (at the judge’s discretion)

3rd conviction or successive convictions

Category B felony:

3 – 15 years in prison; and
Up to $20,000 (at the judge’s discretion)

Selling, giving away, transporting, or manufacturing (NRS 453.321)

1st conviction

Category C felony:

1 – 5 years in prison (the court may grant probation or a suspended sentence); and
Up to $10,000 (at the judge’s discretion)

2nd conviction

Category B felony:

2 – 10 years in prison; and
Up to $20,000 (at the judge’s discretion)

3rd or successive convictions

Category B felony:

3 – 15 years in prison; and
Up to $20,000 (at the judge’s discretion)

Trafficking (NRS 453.3385)

(The highest prescription dosage of Oxycontin is 160 mg. pills.)

It depends on the amount of drugs:

100 grams to less than 400 grams

Category B felony:

2 – 20 years in prison; and
Up to $100,000

400 grams or more

Category A felony:

15 years or life in prison (with the possibility of parole after 5 years); and
Up to $250,000

Being under the influence (NRS 453.411)

Misdemeanor:

Up to 6 months in jail, and/or
Up to $1,000 in fines.¹

2. What are the defenses?

Three common arguments to fight OxyContin or Vicodin charges are:

No knowledge that the drugs were there.² Maybe someone planted the drugs in the defendant’s residence or vehicle. Or perhaps the defendant’s roommate possessed the drugs without telling the defendant. If the prosecutor cannot show the defendant was aware of the drugs, the case should be dropped.
Police entrapment. Law enforcement is allowed to go undercover, conduct stings, and lie to suspects. But they cross the line if they threaten or otherwise force suspects into breaking a law they were not predisposed to break. Defendants who were deceived by police may be able to raise the entrapment defense and get the charge dismissed.³
Unconstitutional search and seizure. Police are required to conduct their searches within the bounds of the Fourth Amendment. If the police overstep their bounds, defendants may ask the judge to suppress any illegally-obtained evidence. If the court grants the “motion to suppress,” the D.A. may be unable to prove guilt beyond a reasonable doubt.

OxyContin

OxyContin is referred to as “hillbilly heroin,” particularly when it is snorted or injected.

3. Can the record be sealed?

Usually, yes. But there may be a wait.⁴

Nevada OxyContin or Vicodin conviction	Record seal waiting period
Misdemeanor	1 year after the case closes
Category E felony	2 years after the case closes
Category D felony Category C felony Category B felony	5 years after the case closes
Category A felony	10 years after the case closes
Dismissal (no conviction)	Right away (no wait)

Learn about how to petition for a Nevada criminal record seal.

4. Are there immigration consequences?

Non-citizens convicted of any drug crime related to OxyContin or Vicodin face deportation.⁵ Immigrants should hire an experienced attorney as soon as possible to try to get the charges dismissed.

5. Related offenses

See our articles on:

Receptionists waiting for your call.

For more information contact our Las Vegas criminal defense attorneys for a free consultation.

Also see our article on DUI of Vicodin in Nevada. Learn more about Nevada drug crimes.

In California? See our article on California Vicodin laws.

In Colorado? See our article on Colorado Vicodin laws and Colorado OxyContin laws.

Legal References:

NRS 453.336; NRS 453.337; NRS 453.321; NRS 453.3385; NRS 453.441.
Sanders v. State, 110 Nev. 434, 874 P.2d 1239 (1994).
Sheriff, Humboldt County v. Gleave, 104 Nev. 496, 761 P.2d 416 (1988).
NRS 179.255; NRS 179.245.
8 U.S.C. 1227(a)(2)(B).

1. What are the penalties for OxyContin or Vicodin crimes?

2. What are the defenses?

3. Can the record be sealed?

4. Are there immigration consequences?

5. Related offenses

Legal References:

Nevada Laws Blog Posts:

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