How much jail time can you get for a gross sexual assault in Las Vegas, Nevada?
The potential penalties associated with a sexual assault or rape conviction are severe in Nevada. For example, depending on the facts of your case, there is a chance you could be sentenced to spend the rest of your life in prison.
Overview of Sexual Assault Law
Sexual assault is defined as any kind of penetrative sex with a person who does not consent or is not capable of consenting.
Specifically, Nevada Revised Statute § 200.366 defines sexual assault as occurring when an individual subjects a victim to involuntary sexual penetration, or forces the victim to make a sexual penetration on themselves, or an animal, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of their conduct.
Potential Penalties for Committing Sexual Assault in Las Vegas
According to Nevada Revised Statute § 200.366, sexual assault is a category A felony. It is the most serious class of felony offenses under Nevada law. This means the potential penalties are extremely harsh and unforgiving.
For example, you could be sentenced to serve the remainder of your life in prison. The state could also you deny you the possibility of qualifying for parole. Your eligibility for parole depends upon three factors:
- Age of the rape victim,
- Your criminal history; and
- Whether the rape caused the victim substantial bodily harm (defined as prolonged physical pain, a bodily injury that creates a substantial risk of death, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ).
As mentioned, the potential penalties for sexual assault vary based upon the age of the victim. If, for example, the victim was 16 years of age or older, the potential punishments include:
- Life in prison without the possibility of parole, or life in prison with the possibility of parole after 15 years.
- If the victim sustains no substantial bodily harm from the assault, then the sentence is life in prison with the possibility of parole after 10 years.
If, on the other hand, the victim is either 14 or 15 years of age, the potential punishments include:
- Life in prison with the possibility of parole after 25 year
- If the victim suffered substantial bodily harm or the defendant has a prior sexual assault conviction on their record, then the sentence for rape is life in prison without the possibility parole.
Finally, if the victim was 13 years of age or young, the potential penalties are the harshest. They include the following:
- The sentence is life in prison without the possibility parole when the victim sustained substantial bodily harm, and/or the defendant had a prior conviction of sexual assault or a sexual offense against a child.
Registering as a Sex Offender
If you are convicted of committing a rape in Nevada, you will be required to register for life as a Tier III sex offender in accordance with Nevada Revised Statute § 179D.117. This can be extremely embarrassing and detrimental to the career prospects of the defendant since Tier III offenders are publicly searchable on the Nevada Sex Registry online database.
Convicted rapists who get released on parole are required to register within 48 hours of being released. In addition, they must check in with a local law enforcement agency at least once every 90 days. If they fail to register as a sex offender, they could be charged with a category D felony in Nevada.
Contact an Experienced and Skilled Las Vegas Defense Attorney for Your Sexual Assault Case
As you can see, being charged with allegedly committing gross sexual assault is extremely serious and has life-altering penalties. You could wind up losing your freedom and spending the rest of your life in prison if convicted of this offense.
This is why you need to take action and contact LV Criminal Defense. Our team of skilled defense attorneys will work tirelessly on your behalf.