Nevada has many kinds of weapons charges, and each offense has distinct elements that can significantly affect a criminal case. If you face a Nevada weapons charge, it’s understandable that you may have questions and want clear answers. The Nevada weapons charge defense lawyers at De Castroverde Law Group can answer any questions you have and help you defend against these charges. To start, here are the answers to some common questions we receive about Nevada weapons charges.
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What Is Considered a Weapon in Nevada?
Guns are one example of a weapon in Nevada law, but other items that can inflict injury or death are also classified as deadly weapons. The Nevada law concerning the use of a weapon during the commission of a crime defines a deadly weapon as:
- Any item that, when used as designed and intended, can cause severe injury or death. Guns and knives are well-known examples of this type of deadly weapon.
- Any object that, in certain situations, can easily cause severe injury or death. For example, a baseball bat or piece of metal could fall under this definition if someone used it to threaten or harm another person.
- Any item listed explicitly in specific Nevada laws. For instance, Nevada’s law against bringing weapons on school property lists switchblades, billy clubs, and brass knuckles as deadly weapons.
Examples of Weapons Crimes in Nevada
Weapons offenses in Nevada cover a broad range of actions, and knowing these charges is crucial to avoiding legal trouble or preparing a solid defense if the authorities accuse you of a crime. Common examples of weapons crimes in Nevada include:
- Carrying a concealed weapon without a permit
- Unlawful possession of a firearm by a felon
- Brandishing a weapon in a threatening manner
- Using a weapon in the commission of a crime
- Illegal sale or transfer of a firearm
- Possession of a stolen firearm
- Discharging a firearm in public
- Possession of a firearm in a prohibited area
- Assault with a deadly weapon
- Illegal possession of explosives
What’s vital to remember here is that Nevada law not only imposes stiff penalties for using a weapon while committing a crime but also for carrying weapons in certain places or possessing certain kinds of weapons. It’s essential to talk to an attorney immediately if you face charges related to any of these offenses or other weapons charges, as your future and freedom could be in jeopardy.
Common Penalties for Weapons Charges
The penalties for weapons charges in Nevada vary significantly depending on the crime. However, you can generally assume that you’re looking at lengthy prison time, hefty fines, and other harsh penalties if the authorities convict you of a weapons crime.
For example, using a deadly weapon while committing a crime can automatically add one to 20 years to your sentence. That law also prohibits the court from offering probation or suspending your sentence if you are convicted of using a deadly weapon to commit any of the following offenses:
- Murder
- First-degree kidnapping
- Sexual assault
- Robbery
Simply owning or possessing a firearm is a felony offense in certain circumstances. For instance, it’s a Category D felony to own or possess a deadly weapon if:
- You have been found mentally ill or committed to a mental health facility by a court in Nevada or any other state.
- You have entered a plea of guilty but mentally ill in a court in Nevada or any other state.
- You have been found guilty but mentally ill in a court in Nevada or any other state.
- You have been acquitted because of insanity in a court in Nevada or any other state.
- You are in the United States illegally.
Category D felonies in Nevada carry stiff penalties, including one to four years in prison and a maximum fine of $5,000.
Owning or possessing a firearm in Nevada can lead to even harsher penalties in some circumstances. It’s a Category B felony to own or possess a gun if:
- You have been convicted of domestic violence battery.
- You have been convicted of any felony in Nevada, another state, or under federal law unless you received a pardon without firearm restrictions.
- You have been convicted of stalking under Nevada law or similar laws in other states.
- You are subject to an extended protection order against domestic violence, either in Nevada or an equivalent order from another state.
- You are a fugitive.
- You use or are addicted to any controlled substance.
- You are otherwise prohibited by federal law from possessing a firearm.
Per the relevant statute, this offense carries up to six years in prison and a maximum fine of $5,000. The bottom line is that weapons charges in Nevada carry hefty penalties, so working with an experienced attorney is critical to help you avoid the worst possible outcome.
Can Assault with a Deadly Weapon Charges Be Dropped?
Nevada police and prosecutors take a harsh stance against weapons crimes. It’s possible to convince a prosecutor to drop an assault with a deadly weapon charge, but it’s unlikely. To do so, you and your lawyer would have to show that the prosecutor is unlikely to win their case or that your lawyer can get key evidence against you dismissed. A prosecutor might also drop an assault with a deadly weapon charge as part of a plea bargain, but there’s no guarantee of that.
Possible Defenses Against Nevada Weapons Charges
Each Nevada weapons case is unique, so the best defense depends on the specifics of your situation. Here are some common defense strategies:
- Lack of Knowledge: You didn’t know the weapon was in your possession.
- Self-Defense: You used the weapon to protect yourself or others.
- Unlawful Search and Seizure: The police discovered the weapon during an illegal search.
- Misidentification: The police wrongly identified you as the person with the weapon.
- Lack of Intent: You did not intend to use the weapon illegally.
Contact a Nevada Weapons Charge Defense Lawyer Now
With such high stakes in cases related to Nevada weapons charges, working with a capable lawyer is crucial. De Castroverde can protect your rights and help you avoid the worst possible outcome in your situation. Call us today or complete our contact form for a consultation.