Violent crimes have become frequent in Nevada. Most people commit violent crimes without knowing the nature of the crimes. Violent crimes attract severe consequences, and those convicted end up serving lengthy prison terms and paying hefty fees.
It is recommendable to hire a professional criminal attorney to help you have your violent crimes charges reduced or dismissed. At The Law Offices of Martin, we will help you build suitable legal defenses and have the charges you face in Las Vegas, NV, dismissed or reduced. Schedule an appointment with us today and learn how we can help you.
Violent Crimes in Nevada
There are several types of crimes that fall under the violent crimes in Nevada. Regardless of these crimes, Nevada is continually reviewing its laws to ensure that it captures as many crimes under the violent crimes category as it suits best. Below are some of the common violent crimes in Nevada.
Arson in Nevada
Arson is the willful, intentional, and malicious setting fire to a vehicle, structure, land, or other property. You can be charged with arson in Nevada even if you were not near the fire, but there is a chance that you started it at a distance.
Nevada arson laws divide arson into four degrees. Each type comprises specific types of properties that were damaged and specific sentences. Let’s have a closer look at these categories.
First-degree arson is defined as maliciously or willfully setting fire or helping to set fire on a building, house, or home, whether it’s occupied or not or a personal property occupied by one person or more. This crime falls under Category B felony and attracts a punishment that includes 2 to 15 years in prison, a maximum fine of $15000, and possible restitution.
Second-degree arson is defined as willfully or maliciously setting fire or helping in setting fire on an abandoned building or structure. This crime is a category B felony punishable by ten years in prison, a maximum fine of $10,000, and possible restitution.
Third-degree arson is defined as maliciously or willfully setting fire or helping in setting fire to unoccupied property valued at $25 or more. It also involves setting fire on an unoccupied property owned by the suspect, but another person has a legal interest in it. Finally, it involves setting fire on any shrubbery, crops, vegetation, and grass that does not belong to the suspect.
This crime is a Category D felony, punishable by one to four years in prison, a maximum fine of $5000, and possible restitution.
Fourth-degree arson is defined as maliciously or willfully attempting to set fire on a property listed under the first, second, or third-degree arson in Nevada. This crime is a Category D felony, punishable by one to four years in prison, a maximum fine of $5,000, and possible restitution.
Arson as Part of Insurance Fraud
A lot of arson cases are associated with insurance fraud. In this case, people set up a fire on a property and then claim to the insurer that their property was destroyed. Insurance fraud by arson is a Category B felony with penalties that includes one to six years in prison, a maximum fine of $5,000, and restitution.
Please note, arson can be an aggravated felony and a crime involving moral turpitude. This means that non-citizens convicted of this crime can face deportation.
Kidnapping in Nevada
In Nevada, kidnapping is divided into first and second-degree kidnapping. First-degree kidnapping is a more severe crime than second-degree. Let’s have a closer look at them.
First-degree kidnapping involves the kidnapping, carrying away, confining, enticing, decoying, or abducting, another person with the intention of:
- Holding the victim for ransom
- Robbing the person, extortion, or sexual assault
- Killing the person or causing significant bodily harm
- Exacting money or valuables from relatives or friends in exchange for returning the kidnapped individual
In Nevada, first-degree kidnapping can also occur when an individual entices, detains a minor to imprison, keep, or confine from his or her parent to perpetrate an illegal act on the child.
The penalties for first-degree kidnapping depend on whether the alleged victim suffered bodily injuries or not. The penalty can include life imprisonment without the chance of parole or a lesser sentence that expects an offender to serve fifteen years in prison. If the victim did not suffer significant bodily injuries, the sentence could be lowered to fifteen years with the chance of parole after five years of imprisonment.
Second-degree kidnapping is unlawfully taking another person. Specifically, it involves willfully seizing, carrying, kidnapping, or inveigling another person to keep that person confined within the state to convey that person outside the state.
Second-degree kidnapping is a Category B Felony crime. It attracts potential punishment that includes 2-15 years of imprisonment and a maximum fine of $15,000.
In Nevada, you can be charged with kidnapping under federal laws. Federal kidnapping laws are different from Nevada’s since they do not divide this crime into first and second-degree categories. When you are charged and convicted under federal kidnapping laws, you are at risk of a punishment that includes several years to life imprisonment in federal prison and a death penalty if the victim dies from kidnapping.
A federal conviction of conspiracy to kidnap carries a penalty of up to a life sentence, while attempted kidnapping carries up to twenty years in prison. Finally, when the kidnapping involves a minor under eighteen years old and at least eighteen years old and is not living with their parents, grandparents, aunt, or sibling, the judge might impose twenty years or more of imprisonment on the offender.
Felony Assault and Battery Crimes
Under NRS 200.481, the battery is defined as the deliberate use of unlawful physical force on another person. This includes kicking, stabbing, pushing, slapping, throwing objects at, spitting, and ripping objects such as clothes away.
You can commit battery even without directly touching the victim, for instance, throwing a rock into a car when someone inside the car can be considered a battery.
Specific types of assault and battery charges fall under the violent crime category. This includes the following:
A felony assault is committed when a suspect uses a deadly weapon. Under Nevada laws, this is a Category B felony crime, punishable by one to six years of imprisonment, a maximum fine of $5,000, or both. If the assault was committed due to the victim’s race, sexual orientation, religion, or other characteristics, the court might impose an additional 1- 20 years of imprisonment.
Several crimes are considered felony battery in Nevada. This includes:
1. Domestic Violence Battery
Any battery committed through strangulation or is the offender’s third crime within seven years against a family member, someone he or she has been dating, a household member, or a child is a Category C felony. Under Nevada laws, this is punishable by one to five years of imprisonment and a maximum fine of $10,000 or $15,000 if the battery involves strangulation.
Battery that Results to Substantial Bodily or Committed Using a Deadly Weapon
The following crimes fall under the violent crimes category in Nevada:
- A battery crime that leads to significant bodily harm or is committed through strangulation. This kind of crime is a Category C felony and is punishable by 1-5 years of imprisonment, a maximum fine of $10,000, or both
- Battery committed using a deadly weapon but did not lead to significant bodily harm. This kind of crime is a Category B felony, punishable by 2- 10 years of imprisonment, a maximum fine of $10,000, or both
- Battery that involves the use of a deadly weapon and led to significant bodily injuries on the victim. Under Nevada laws, this is a Category B felony, punishable by 2-15 years of imprisonment, a maximum fine of $10,000, or both.
- Battery committed on a police officer, school employees, sports officials, and healthcare providers. Under Nevada laws, this is a Category B felony, punishable by 2-10 years of imprisonment, a maximum fine of $10,000, or both
- Battery committed with the intention of robbery, grand larceny, and mayhem is a category B felony, punishable by 2-10 years of imprisonment, a maximum fine of $10,000, or both
2. Battery to Commit a Crime
Nevada battery laws single out certain types of batteries perpetrated while committing another offense and classify them as violent crimes. This includes:
- Battery to kill the victim, which is a Category B felony with 2-20 years of imprisonment
- Battery to commit a sexual assault and results in significant bodily injuries or is commissioned through strangulation. Under Nevada laws, this is a Category A felony, punishable by life imprisonment without parole or with parole after serving a minimum of 10 years. It also includes a maximum fine of $10,000, or both fines and imprisonment.
- Battery against sixteen years or older victim to commit sexual assault but does not result in significant bodily injuries. This crime is punishable by two years to life imprisonment with the chance of parole, a maximum fine of $10,000, or both.
- Battery against a victim below sixteen years committed with the intention of sexual assault but doesn’t lead to significant bodily injuries. This crime is punishable by five years to life in prison with the chance of parole and a maximum fine of $10,000
Please note, any battery committed due to unique characteristics of the victims like religion, race, sexual orientation attracts an enhanced sentence of 1- 20 years in prison.
Homicide or Murder
When it comes to violent crimes, murder and homicide are probably the most significant crimes that fall under this category. When it comes to homicide, there are four types of homicide based on the circumstances of the crime and the action the killer performs. These categories are as follows:
First Degree Murder
First-degree murder is a type of murder perceived to have been planned and done deliberately and maliciously. First-degree murder is a Category A felony and is punishable by death or life imprisonment. Parole might be an option, but it depends on the aggravating factors present within the case.
Felony murder is similar to first-degree murder, although an offender commits it while committing another felony like kidnapping or raping. In this case, the murder doesn’t have to be preplanned or thought out.
Second-degree murder involves any form of murder that does not fall under first-degree murder. It is charged as a Category A felony punishable by twenty-five years in prison, with the possibility of parole after serving ten years.
Attempted murder does not require the death of a victim. The prosecutor only has to prove that a defendant intended to kill someone, and there were adequate preparations to actualize the killing. If you face this charge, you will be looking at a Category B felony that holds two to twenty years of imprisonment.
Manslaughter In Nevada
Manslaughter is the illegal killing of another person without malice. In manslaughter, the killing is not predetermined as in the case of murder. There are several types of manslaughter, including voluntary, involuntary, and vehicular manslaughter. Let’s have a closer look at them.
Voluntary manslaughter occurs when someone kills another after being provoked. It usually occurs when a rational person feels the passion of a killer due to certain provocation.
Voluntary manslaughter is a Category B felony, which attracts 1-10 years of imprisonment and a maximum fine of $10,000.
Involuntary manslaughter is defined as the unlawful killing of another person without the intent to do so. Involuntary manslaughter usually results from criminal negligence like in DUI that leads to the death of an individual.
Involuntary manslaughter is a Category D felony, meaning that it can result in 1-4 years in prison and a maximum fine of $5,000.
Find a Las Vegas Criminal Attorney Near Me
Violent crime charges in Las Vegas put your current and future civil rights at stake. You need a serious and committed criminal defense attorney to represent you. At The Law Offices of Martin Hart, we are determined to help you with your case by collecting relevant evidence and building a strong defense to fight your charges. Call us at 702-380-4278 and schedule an appointment with us.