LAS VEGAS MISDEMEANOR DEFENSE ATTORNEY

Understanding Nevada's Misdemeanor Offenses

There are two types of misdemeanors in Nevada: misdemeanors and gross misdemeanors. 

A misdemeanor carries a maximum six-month sentence in county jail and/or a fine of up to $1,000. While the court may sentence a person to probation and up to 200 hours of community service, some penalties require a minimum jail term and additional penalties.

Common examples of misdemeanors in Nevada include:

• First or second DUI
• Simple assault
• Simple battery
• Traffic tickets
• Reckless driving
• Domestic violence with no injuries, a deadly weapon, or strangulation
• Shoplifting or petit larceny
• Jaywalking
• Vandalism
• Using a fake ID to purchase alcohol
• Resisting arrest

A gross misdemeanor is more serious than a simple misdemeanor but not as serious as a felony. This type of misdemeanor is punishable by a county jail sentence of up to 364 days and/or a maximum fine of $2,000.

The following are common examples of gross misdemeanors in NV:

• Open or gross lewdness
• Indecent exposure
• False imprisonment
• Stalking
• Carrying a concealed weapon
• Unlawful use of a hotel key
• Crimes against government property, causing damage costing between $250 and $5,000

Furthermore, there are some offenses known as “wobblers,” which are crimes that can be charged as either a gross misdemeanor or a lower-level felony. The prosecution has the authority to decide whether to charge a defendant with a misdemeanor or felony.

Although anyone who is convicted of misdemeanor in Nevada is eligible for record sealing, qualified individuals must wait between a year and even seven years to seal their convictions. When a criminal record is sealed, a conviction will not appear on background checks.

Some misdemeanor defendants are eligible for “diversion” programs, which allow them to complete certain conditions in exchange for a dismissal. Common conditions include counseling, educational classes, community service, restitution, and rehab.

Defenses for Misdemeanor Charges

While misdemeanor charges can carry serious penalties, there are several common defenses that can be used to challenge the accusations:

• Lack of Evidence: If the prosecution cannot provide sufficient evidence to support the charges, a Las Vegas misdemeanor defense lawyer may be able to have the case dismissed. This could involve challenging the credibility of the evidence, such as eyewitness testimony or physical evidence.
• Mistaken Identity: In some cases, a person may be falsely accused of committing a misdemeanor crime. Mistaken identity can be a viable defense, especially if you can show that you were not present at the scene or that the circumstances do not match your involvement.
• Self-Defense: In cases involving battery or assault, a self-defense argument can be used if you can show that you were acting to protect yourself from harm. A skilled defense attorney can present evidence of the altercation and argue that your actions were reasonable under the circumstances.
• Unlawful Search and Seizure: If you were arrested without probable cause or if law enforcement conducted an illegal search, any evidence gathered during the arrest may be inadmissible in court. A Las Vegas misdemeanor defense lawyer can file a motion to suppress evidence based on unlawful search procedures, which may lead to the dismissal of charges.
• Entrapment: If law enforcement officers induced you to commit the crime, this could be grounds for an entrapment defense. Your attorney can investigate whether the authorities played a role in prompting you to commit the alleged misdemeanor.

Obtain Experienced Legal Representation Today!

Whether you are facing a misdemeanor or a gross misdemeanor, let our firm defend you inside and outside the courtroom. Attorney Pariente personally handles all our cases, rather than an inexperienced associate lawyer. Do not hesitate to get an experienced attorney on your side from start to finish.

Contact us today at (702) 466-1871 to speak with our Las Vegas misdemeanor defense lawyer.