Nevada Three-Strike Law

NRS 207.010 to 207.016 – Summary of the Nevada Three-Strike Law

If you have been charged with a crime and have prior multiple convictions on your record, it is extremely important to retain the services of an experienced Las Vegas criminal defense lawyer.

Why? Because Nevada has a three-strike law that could land you in prison for the rest of your life if you hit a specific conviction threshold.

History of Three-Strike Laws

Washington was the very first state to pass a “Three Strikes” law in 1993. Many other states followed suit. Today, more than half of states (including Nevada), along with the federal government, have enacted similar three-strike laws. The objective is the containment of recidivism. Nevada’s three-strikes law is codified in NRS 207.010 through 207.016.

Who Could Be Affected by Nevada’s Three-Strike Law

There are three types of individuals included under the state’s three-strike law:

1. Habitual Criminal Convictions
2. Habitual Felon Convictions
3. Habitual Fraudulent Felony Convictions

Third-Strike and Habitual Criminal Convictions

If someone has committed a crime two times before – whether in Nevada or elsewhere, and commits a felony, they will be automatically charged with a category B felony (unless, of course, the crime was category A felony). This will result in a sentence of anywhere between five and twenty years in the state prison.

If a habitual offender (having committed two crimes or more and one felony) is convicted of a second felony – regardless of what state the other crimes and felony were committed in, he will be punished with a category A felony. This sentence carries with it one of three possibilities:

1. Life without any possibility of parole;
2. Life with the possibility of parole after the criminal has served a minimum of ten years; or
3. A set sentence of twenty-five years with the possibility of parole after he had served a minimum of ten years.

Third Strike and Habitual Felony Convictions

If someone has been convicted of felony offenses twice before – regardless of where they were committed, is convicted with a third, he’ll be charged with a category A felony.

There are three possibilities for him:

1. Life without the possibility of parole;
2. Life with the possibility of parole after serving a minimum of ten years; or
3. A set term of 25 years and the possibility of parole beginning when a minimum of ten years have been served.

Third Strike and Habitually Fraudulent Felony Convictions

If someone has been convicted twice before of fraud or the intent to defraud – whether in Nevada or elsewhere and has committed a third felony of fraud or intent to defraud, will be considered a habitually fraudulent person.

Any habitually fraudulent person whose offenses have victimized older people, those with mental disabilities, or vulnerable people, will be punished for a category B felony. He’ll be sentenced to five to twenty years in state prison.

Crimes

There are several possible felonies that could be committed. They are classified from category A (the worst possible crimes you can commit) down to category E and followed by misdemeanors. These crimes include (this is not an exhaustive list):

Category A Felonies

• First- or Second-degree murder
• First-degree kidnapping
• Using child pornography or promoting its use
• Sexual assault
• Bringing substantial bodily harm upon another with the intent to commit sexual assault

Category B Felonies

• Aggravated assault
• Robbery
• Battery with intent to commit rape
• DUI resulting in the death of another
• Failing to stop at a car accident causing injury or death
• Any attempted category A felony

Category C Felonies

• Altering lottery tickets
• Aggravated assault
• Discharging firearm at a nonresidential structure
• First and second-degree burglary
• Automobile theft
• Attempting a category B felony
• Solicitation of a category A felony

Category D Felonies

• Bribing
• Resisting arrest
• Concealing a crime
• Negligent homicide
• Attempting a category C felony
• Solicitation in a category B felony

Category E Felonies

• Practicing law illegally
• Recruiting gang members
• Distributing, disclosing, displaying images of other, in a sexual manner without their knowledge
• Child prostitution and procurement of such
• Enabling of a category A felony

Counts and Convictions

A conviction under these statutes, NRS 207.010, 207.012, or 207.014, will increase the sentence a person would typically (legally) get on the primary offense.

There are some stipulations to this:

1. The lawyer has to list the previous felonies (called a count) when he makes the accusatory pleading.
   • However, he may not allude to these previous convictions in the trial.
   • He may not read them before the jury or before the grand jury who is considering an indictment.
2. If the count doesn’t get filed along with the indictment or information charging the primary offense, as mentioned in #1, the lawyer still has the opportunity to file it later. In fact, the prosecuting attorney has up to two days before the trial to file his claim.
   • This claim can be overturned either way if the parties have made another agreement or if the court finds “good cause” for extending the time.
3. The prosecution can also add other counts at any time before the criminal is sentenced.
   • Good cause must be shown for the addition.
   • The sentence cannot be imposed, or the hearing held, until fifteen days after the prosecution has supplemented or amended the count.