In Nevada, if a person has a history of committing crimes and they are found guilty of another offense, they could be facing an increased prison sentence because of their prior convictions. The higher penalties for repeat offenders fall under Nevada’s habitual criminal law.
What Is a Habitual Criminal?
Under N.R.S. 207.010, the prison term the judge orders the person to receive depends on how many crimes they had previously committed.
If a person had 2 prior felony convictions – whether in Nevada or another state – they could face:
- A category B habitual criminal felony
- 5 to 20 years in prison
If they were previously convicted of 3 offenses – whether in Nevada or another state – they could be subject to:
- A category A habitual criminal felony
- Life imprisonment without the possibility of parole
- Life in prison, with the possibility of parole after serving a minimum of 10 years
- A definite prison term of 25 years, with eligibility for parole after serving at least 10 years
Depending on the defendant’s circumstances, the type of offense they’re currently on trial for, and any witness testimonies, it is possible for the judge to order lesser sentences than those mentioned above.
Differences Between Habitual Criminal, Habitual Felon, and Habitually Fraudulent Felons
Aside from habitual criminal legislation, Nevada has 2 other repeat-offender laws: habitual felon and habitually fraudulent felons. The type a person is charged with depends on the nature of their current and past offenses.
A person could be sentenced as a habitual felon if they:
- Were currently convicted of a serious felony, such as:
- Murder
- Sexual Assault
- Kidnapping
- Robbery
- Administering poison with the intent to kill
- Battery with intent to commit a crime
- False imprisonment
- Were convicted 2 times in the past, in Nevada or another state, of a serious felony
A person sentenced as habitual felon could face:
- Life imprisonment without the possibility of parole
- Life in prison, with the possibility of parole after serving a minimum of 10 years
- A definite prison term of 25 years, with eligibility for parole after serving at least 10 years
The State can charge a person with being a habitually fraudulent felon if they were currently convicted an offense that contains fraud or intent to defraud as an element and the victim was an older, mentally disabled, or vulnerable person. Additionally, the individual must have had 2 prior convictions for such crimes.
If an individual is sentenced as a habitually fraudulent felon, they could be ordered to serve a prison term between 5 and 20 years.
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