Explosives crime during commission of felony

Vegas Defense Lawyer Explains Explosives Crime

In the state of Nevada, there are certain kinds of behaviors that are considered to present such a public health risk, those behaviors have been criminalized. In fact, within Title 15, Nevada’s penal code, there is an entire chapter devoted to identifying and prohibiting crimes against public safety and health. The chapter addressing crimes against public safety and health in Chapter 202.

Chapter 202 is further divided into different subsections of offenses. One such subsection relates to explosives or bomb threats. Within the subsection of Chapter 202 related to explosives and bomb threats, the state law spells out the circumstances under which it is permissible to have explosives as well as the circumstances under which possession of explosives is prohibited and can give rise to criminal charges.

If you have been accused of violating the law related to explosives, you could not only face the seizure of the explosives but you could also face serious criminal penalties as well including the possibility of jail time. It is important that you are represented by a compassionate and knowledgeable Vegas criminal defense lawyer if you have been charged with a crime related to explosives because of the severity of the charges and the long-term impact of a conviction. LV Criminal Defense is here to help you, so give us a call today to find out more about the assistance that our legal team can provide.

Nevada Revised Statute Section 202.820: Use or Possession of Explosives During the Commission of a Felony

Within the subsection of Chapter 202 that defines criminal conduct in connection with explosives, there is one law that addresses the use or possession of explosives while committing a felony criminal offense. The statute imposing penalties for using or possessing explosives while committing a felony is Nevada Revised Statute section 202.820.

N.R.S. 202.820 stipulates that it is unlawful to use an explosive to commit a felony, and it is also illegal to carry an explosive unlawfully while committing a felony offense. According to the relevant statute, if you use an explosive to commit a felony or if you carry an explosive while committing a felony, you can be charged with an entirely separate felony offense unless the use of the explosive is a necessary element of the other crime.

In other words, you can only be charged with one offense if that offense inherently involves the use of an explosive – but if the underlying felony doesn’t make the use of explosives a key element of the crime but you use an explosive anyway, you can be charged with both the underlying felony and with a violation of N.R.S. 202.820.

If you are charged with a violation of N.R.S. 202.820 for using or carrying an explosive while committing a felony, you can be charged with a Category B felony offense. The penalty for a first offense is a minimum of one-year imprisonment and a maximum of 10 years imprisonment along with a fine up to $10,000. The penalty for a second offense of violating N.R.S. 202.820 is a minimum of two years imprisonment and a maximum of 20 years imprisonment. These penalties are just for the additional felony of carrying the explosive; you can also be sentenced to prison time or other penalties for the underlying felony committed as well.