If you’re facing criminal charges in Nevada and have a prior conviction, you may already know it can make your situation more complicated. What many people don’t realize is just how much a past record can influence everything from plea negotiations to the sentence a judge imposes. Nevada law allows prosecutors and courts to consider prior convictions in determining penalties, and in some cases, it can dramatically increase the consequences. Today, we at Kajioka & Associates Attorneys At Law would like to discuss how prior convictions affect your current case in Nevada.
How Prior Convictions Come Into Play
When you’re charged with a crime, the prosecutor will review your criminal history as part of the case evaluation. Prior convictions, whether they occurred in Nevada or another state, can be used to:
1) Enhance charges (turning a misdemeanor into a felony)
2) Increase sentencing ranges
3) Limit plea bargaining options
4) Influence bail decisions
For example, if you have a prior DUI within the past seven years, your new DUI charge could carry mandatory jail time, higher fines, and longer license suspension periods. Similarly, certain theft or drug offenses escalate to more serious charges if you have prior convictions on your record.
Habitual Criminal Statutes in Nevada
Nevada has “habitual criminal” laws that allow the court to impose much harsher sentences if you’ve been convicted of multiple felonies. Under NRS 207.010, a person with two or more prior felony convictions may face a minimum of 5 years to life in prison, depending on the case.
This means even if the current charge might normally carry a lighter sentence, your past can result in a much more severe outcome.
Impact on Sentencing
Judges in Nevada have discretion when sentencing, but they often weigh prior convictions heavily, especially if the offenses are similar in nature. A repeat offense can signal to the court that previous punishments didn’t deter you, leading to stricter penalties.
In some cases, prior convictions can also eliminate certain sentencing alternatives. For instance, diversion programs or probation may not be available if you have a history of similar crimes.
Defenses & Mitigation
While your past can’t be erased during the trial, an experienced Nevada criminal defense attorney can work to minimize its impact. Strategies might include:
1) Challenging the validity of prior convictions (e.g., if they were unconstitutional or based on faulty pleas)
2) Demonstrating rehabilitation through work history, community service, or treatment programs
3) Negotiating plea deals that avoid habitual criminal enhancements
4) Highlighting mitigating circumstances surrounding past and present charges
In some cases, older convictions may be too remote in time to significantly affect your sentence, especially if you’ve maintained a clean record for many years.
Why Legal Representation Matters
If you have prior convictions and are facing new charges in Nevada, the stakes are high. Prosecutors will likely push for tougher penalties, and without the right legal strategy, your past can overshadow your present case. A skilled defense attorney can identify ways to challenge enhancements, protect your rights, and pursue the best possible outcome.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
Your history matters in Nevada criminal cases, but with strong legal representation, it doesn’t have to define your future. Call Kajioka & Associates Attorneys At Law if you are facing criminal charges in the Las Vegas, NV valley.
