Blogs from August, 2022

Last month, we discussed some effective defenses you can use against a drug possession charge.

Now we want to explain why it’s important to have a good defense. Nevada takes drug crimes quite seriously. There are many different types of possession allegations, each having stiff penalties.

In this article, we will take a broad look at Nevada’s charges and punishments for drug possession.

Drug Schedules

Any chemical the government oversees is considered a “controlled substance.” It doesn’t matter if it’s a mostly harmless prescription or a deadly street drug.

The government considers some of these chemicals to be more severe than others. In that spirit, it created drug schedules. These schedules come in five categories. The least serious drug offenses lie in Schedule V, which includes medicines like Robitussin. The most severe are Schedule I drugs, which include heroin and ecstasy.

The more times you are accused of possession, the higher the penalties become. Also, the amount of drugs impacts the punishments you could face.

Here is a short breakdown of Nevada’s drug penalties in relation to the drug’s schedule:

• Schedule I and II Drugs, less than 14 grams:
  • First Offense
    • Category E felony; usually sentenced to probation
  • Three Offenses or more
    • Category D felony; prison from 1 to 4 years; fines up to $2,500
• Schedule III, IV, and V Drugs, less than 28 grams:
  • First Offense
    • Category E felony; usually sentenced to probation
  • Three Offenses or More
    • Category D felony; prison from 1 to 4 years; fines up to $2,500

• Schedule I and II Drugs, more than 14 grams/less than 28:
  • Category C felony; prison from 1 to 5 years; fines up to $10,000
• Schedule III, IV, and V Drugs, more than 28 grams/less than 200:
  • Category C felony; prison from 1 to 5 years; fines up to $10,000

• Schedule I and II Drugs, more than 28 grams/less than 42:
  • Category B felony; prison from 1 to 10 years; fines up to $50,000
• Schedule III, IV, and V Drugs, more than 200 grams:
  • Category B felony; prison from 1 to 10 years; fines up to $50,000

• Schedule I and II Drugs, more than 42 grams/less than 100:
  • Category B felony; prison from 2 to 15 years; fines up to $50,000

Drug Trafficking

Trafficking is an even more severe crime than possession. It assumes that someone doesn’t simply have drugs. They are, instead, intending to sell and distribute those drugs on a mass scale. Generally, traffickers face much higher penalties than possessors. This is the government’s attempt to stop the drug problem at its core. This crime is sometimes called “possession with intent to sell.”

Nevada’s drug trafficking penalties:

• Schedule I and II Drugs:
  • First Offense
    • Category D felony; prison from 1 to 4 years; fines up to $5,000
  • Second Offense
    • Category C felony; prison from 1 to 5 years; fines up to $10,000
  • Three Offenses or More
    • Class B felony; prison from 3 to 15 years; fines up to $20,000
• Schedule III, IV, and V Drugs:
  • First Offense and Second Offense
    • Category D felony; prison from 1 to 4 years; fines up to $5,000
  • Three Offenses or More
    • Category C felony; prison or probation from 1 to 5 years; fines up to $10,000

Trafficking is a tricky crime. It depends solely on the amount you allegedly possess. Regardless of your actual intent, the police will assume that you are in the drug business and try to hit you with the highest penalties they can. If you’ve been accused of trafficking, you must secure a good attorney right away.

Our firm is here to help defend you against drug possession and trafficking accusations. Set up a free consultation with us today by calling (775) 502-1575 or contacting us online.

In last month’s shoplifting article, we discussed effective defenses against the crime. Now, we want to explore what might happen if you don’t fight these charges in court.

Nevada takes shoplifting charges seriously. At the low end, the crime is a misdemeanor. On the opposite extreme, it can be charged as a felony.

Before, going forward, let’s discuss the differences between these two criminal categories.

Misdemeanors vs. Felonies

Typically, states have three levels of criminal charges: infractions, misdemeanors, and felonies. Infractions are the lowest crimes, often punished with fines, community service, or minor probationary obligations.

Misdemeanors are the “middle” crime. People often make the mistake of dismissing misdemeanors as minor crimes. This way of thinking is a mistake.

Even the lowest-level misdemeanors, those that do not come with jail time, stay on your record. When someone does a background check, they may not see that you served a menial sentence. They will simply see a misdemeanor, and this could affect your ability to get a job, housing, and more.

Felonies are the most severe crimes. Lower-level felonies can be sentenced like misdemeanors, but the highest-level felonies could result in life imprisonment.

Depending on the circumstances, Nevada will charge shoplifting as either a misdemeanor or a felony.

Misdemeanor Shoplifting in Nevada

Nevada values its shoplifting crimes according to the value of the allegedly stolen merchandise.

If the total of the shoplifted items is less than $1,200, the state will charge the offender with a misdemeanor. This can result in up to 6 months in jail with fines as high as $1,000 and a possible court-ordered restitution.

Felony Shoplifting in Nevada

Once the value of the items goes over $1,200, penalties become more severe. At this point, the state charges offenders with a felony. The more valuable the merchandise, the steeper the penalties.

Nevada’s Felony Shoplifting Penalties

Merchandise Between $1,200 and $4,999

Category D felony; prison from 1 to 4 years; restitution; fines up to $5,000

Merchandise Between $5,000 and $24,999

Category C felony; prison from 1 to 5 years; restitution; fines up to $10,000

Merchandise Between $25,000 and $9,999

Category B felony; prison from 1 to 10 years; restitution; fines up to $10,000

Merchandise Valued at $100,000 or More

Category B felony; prison from 1 to 20 years; restitution; fines up to $15,000

Immigration Penalties

Grand larceny is a deportable offense. In legal terms, “Larceny” is the word for “theft,” and “grand” indicates theft to a high degree. Nevada’s grand larceny standard begins at $1,200 or more.

If you’ve been accused of shoplifting, your immigration status could be in trouble. Make sure to contact a good attorney right away to help preserve your right to stay in the states.

Our Firm Is Here to Help

We know that everyone in our country is innocent until proven guilty. We are here to help preserve that innocence. The state’s job is to prove your case beyond a reasonable doubt. We will use our investigative skills to help uncover holes in their accusations against you. If there is any doubt about your guilt, you should be allowed to go free, and we want to help make that a reality for you.

For a free consultation, call us right away at (775) 502-1575. You can also schedule time with us online.