It is unlawful in the state of Nevada to help a person who is imprisoned or who is in lawful custody of a peace officer to try to escape from custody. Even an attempted rescue can be considered a very serious criminal offense.
Chapter 199.100 of the Nevada code of criminal law is the part of Nevada’s code that prohibits rescuing a prisoner. It is important to understand exactly what the definition of this offense is so you can understand what kinds of behaviors are considered unlawful and so you can learn what a prosecutor must prove in order to convict you of attempting to rescue a prisoner.
Because the charges are so serious and the consequences are so harsh for attempting to rescue a prisoner, you need to respond strategically and quickly if you come under investigation for a rescue or if you are charged with rescuing a prisoner. To develop the right legal response and maximize the chances of avoiding conviction or reducing the penalties that you could face, you should hire a qualified, skilled Nevada defense lawyer who has handled similar cases in the past.
LV Criminal Defense has provided representation to many defendants who are accused of serious crimes in the state of Nevada, like rescuing a prisoner. We understand how these cases are prosecuted and we can provide you with legal help in fighting for an acquittal or in reducing the possible penalties that you could face through the negotiation of a plea agreement. To find out more about how our Vegas defense attorneys can help if you’ve been accused of participating in an unlawful rescue, give us a call today.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
According to Nevada Revised Statute section 199.100 of the Nevada code, you can be charged in any circumstances where you rescue a person who is in lawful custody. You can be charged only if you use force or if you use some type of fraud in connection with the rescue.
You can face charges under N.R.S. 199.100 if you rescue a person who is lawfully in custody of an officer, as well as if you rescue a person who is being held upon a charge, arrest, commitment, conviction or sentence.
The specific penalties that you will face if you are convicted of rescuing a prisoner will vary depending upon the nature of the rescue that you carry out as well as depending upon why the person who you rescued was in custody.
If you rescue someone who is in custody based on a felony offense — including someone arrested for a felony or someone who is in lawful custody on suspicion of a felony — then you could also be convicted of a felony offense. Under N.R.S. 199.100, you could be convicted of a Category C felony and could face punishment for this offense as defined by N.R.S. 193.130.
If you rescue a person who is being held upon a charge, arrest, conviction, commitment, or sentence for a gross misdemeanor offense or for a misdemeanor offense, then you could be charged with a misdemeanor offense.
However, the method by which you carry out the rescue also matters with regards to the charges that you face for a rescue under N.R.S. 199.100. If you use a dangerous weapon in the course of a rescue, you can be charged with a Category B felony.
Upon conviction for this Category B felony criminal offense, you could be sentenced to imprisonment in state prison. There is a mandatory minimum sentence of one year, so you must serve at least this length of time incarcerated if you have been convicted of N.R.S. 199.100 and used a dangerous weapon during your rescue. The maximum term of imprisonment for this Category B felony offense is six years in prison. In addition to the term of imprisonment, you could also be fined a maximum total fine of $5,000.
There is also a separate offense under Nevada law, which is defined in section 199.110, which makes it a crime to unlawfully retake any goods that a peace officer has in his property or under his charge if the peace officer lawfully has that property under process of law. Willfully injuring or willfully destroying any property that is under the custody of a peace officer is also considered to be a violation of N.R.S. 199.110. Violating N.R.S. 199.110 either by taking property or by destroying or damaging it is considered to be a gross misdemeanor offense. This offense could also result in jail time, among other legal consequences.
It is possible to be charged with offenses under both N.R.S. 199.100 and N.R.S. 199.110 if you rescue both a person from custody and rescue property from the control of a peace officer. If you are faced with either charge, however, you need to be aware of the potentially serious penalties – including the possibility of a minimum prison term – and you need to respond appropriately to fight to protect your future when you are facing serious charges.
A prosecutor has the burden of proving that you broke the law set forth in N.R.S. 199.100 and rescued, or attempted to rescue, a prisoner. If you are accused of this offense, you can work with a Nevada defense attorney to raise defenses, introduce doubt, and reduce the chances of a conviction. LV Criminal Defense can help. Our legal team can also negotiate on your behalf with a prosecutor to attempt to reduce the charges and resulting penalties associated with conviction.
To find out more about how LV Criminal Defense can represent you if you are accused of rescuing a prisoner in Nevada, give us a call today.