There are certain situations under Nevada law where having past criminal convictions can result in more serious penalties if you have been charged with a crime. There are also certain situations in which past convictions are actually a required element of a particular criminal offense, which would mean that a prosecutor could not successfully charge you with that offense if you did not have a prior criminal record.
It is important to understand when your past convictions will affect the outcome of your current criminal case. It is also important to explore different ways you can try to defend yourself to avoid being found guilty of an offense that is impacted by your criminal history or to minimize penalties that can result from being a repeat offender.
LV Criminal Defense is here to advocate for you. We know the laws found in Nevada’s criminal code inside and out, including laws related to offenses where a past conviction is an element of an offense or is an aggravating factor. To find out more about the ways in which our Las Vegas defense lawyers can help you when you are accused of any type of crime, you should give us a call as soon as you have come under investigation, been arrested, or been notified of pending charges.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Nevada Revised Statute section 193.045 establishes the rules for situations where repeated convictions are an element of an offense or can be an aggravating factor that results in harsher penalties.
According to N.R.S. 193.045, when one of the statutes of Title 15 specifies that a past conviction will impact a current case, it does not matter if the past conviction happened in Nevada or if it happened in any other state. The conviction can still be admissible in court when your sentence is determined or when it is determined if you committed a crime that requires past criminal convictions as an element of the offense.
There are many circumstances where your past conviction matters. For example, if you are charged with driving under the influence of alcohol, having prior drunk driving or drugged driving convictions can mean a larger fine, a longer possible jail term, and a longer license suspension. If you were convicted of a past offense in Nevada, or if you were convicted of a past offense in a different state, each of these past convictions would matter equally when it comes to determining your penalties.
As N.R.S. 193.045 makes clear, the fact that a past conviction happened out of state has no impact on how that past conviction is treated. It counts against you in your criminal case just the same as it would if you had been found guilty of breaking the same law within the state of Nevada.
A Nevada defense law firm can provide you with assistance in fighting against serious charges and can help you to try to reduce or avoid penalties that can come as a result of repeat convictions. You should involve an experienced attorney as soon as you have been accused of a crime, as you want to do everything you can to avoid a criminal record that could affect your future.
LV Criminal defense has helped many defendants accused of wrongdoing, including those with past convictions. To discover more about the legal services we provide and the ways in which we can advocate for you as you navigate the criminal justice system, give us a call today.