Crimes involving the use of weapons carry severe penalties in Nevada. If you don’t hire a Las Vegas weapon charges attorney, you may leave yourself vulnerable in your case if you are not familiar with the state’s firearm laws. There are a range of weapons crimes that will put your freedom at risk if you are facing a criminal accusation, including:
- Illegal possession of a weapon
- Illegal discharge
- Illegal weapons sales
- Accusations that you had a weapon in your possession during the commission of another crime
If you are facing criminal charges concerning firearm offenses in Las Vegas, Nevada, you can hire a criminal defense lawyer in Las Vegas from De Castroverde Criminal & Immigration Lawyers to represent you. Our law office works hard to investigate our clients’ cases thoroughly so that we can build a defense that establishes their innocence and protects their rights.
Our Firearm Lawyers in Las Vegas Handle Cases Involving Various Offenses
At De Castroverde Criminal & Immigration Lawyers, our legal team handles various criminal defense cases involving firearm-related charges. We know which defenses may be available to you depending on the circumstances of your case, and we will look for evidence to support these points should they apply.
Additionally, we know which rights you have regarding firearms in Nevada, so we will make sure they were not infringed on in your case.
We Defend Our Clients Against Various Weapons Charges
A Las Vegas criminal attorney at our firm can represent you in weapons offense cases involving any of the following charges:
- Convicted felon in possession of a firearm
- Illegal weapon possession
- Possession of an illegal weapon or firearm
- Unlawful sale or distribution of firearms
- Brandishing a firearm or other deadly weapon
- Use of a deadly weapon in the commission of a crime
- Aggravated assault (assault with a deadly weapon)
- Domestic violence involving a weapon
- Possession of a concealed weapon
If your case involves other charges, such as driving under the influence (DUI) or domestic violence, our legal team will further investigate to see how we can build your defense against these charges. We may be able to negotiate to have your charges dropped or reduced so that you receive lesser penalties.
Does Las Vegas Allow People to Carry a Concealed Weapon?
Yes. Per NRS 202.3657, people can apply to carry a concealed weapon (CCW), such as a handgun, in Nevada, provided they meet certain requirements. A single permit is valid for all handguns legally registered under the applicant’s name.
Specific Requirements for Obtaining a CCW Permit
In order to be approved for a CCW permit, you must meet the age requirement, which can vary if you served or are currently serving in the U.S. Armed Forces. For example:
- Those who have not served in the military: You must be at least 21 years of age in order to obtain a CCW permit.
- Those who have served in the military or are currently serving: You must be at least 18 years of age in order to obtain a CCW permit.
Applicants must also demonstrate competence in being able to use their handgun and fulfill a firearm safety course. Underage applicants must also prove they have a valid reason to possess and carry a concealed weapon, which a sheriff or police chief must approve.
Nevada Also Legalizes Open Carry for Handguns
Nevada allows people to open carry loaded handguns in the state, meaning you are permitted to carry weapons on your person as long as they are visible. This can also apply to vehicles, provided they are in view from persons outside of the vehicle, such as on the car seat or dashboard.
You do not need a permit or license to legally open carry in Nevada. However, certain individuals may be prohibited from open carrying loaded handguns in the state.
Who Is Not Allowed to Have a CCW Permit?
The following demographics are prohibited from carrying a concealed weapon in Nevada:
- Individuals younger than 18 and are not accompanied by a legal guardian, such as a parent (NRS 202.300)
- Individuals who have been convicted of felony charges
- Individuals with restraining orders out against them
- Individuals who have a blood alcohol concentration (BAC) of 0.08 percent or higher or who are under the influence of other controlled substances (NRS 202.257)
Other prohibitions exist that prevent people from carrying concealed weapons in certain areas or carrying specific firearms. For example, it is against the law to bring any weapon onto school premises or within grounds of the courthouse unless otherwise permitted to do so (e.g., law enforcement). Additionally, CCW permits generally do not apply to loaded rifles or shotguns inside vehicles, though certain exceptions apply (e.g., you are a paraplegic).
Convicted Felons Lose Their Right to Carry or Own Weapons
NRS 202.360 prohibits anyone who is a convicted felon from being able to possess, own, or carry firearms in Nevada. This includes people who have been convicted of:
- A felony or a misdemeanor for domestic violence in Nevada
- A felony or other violations that prohibit them from possessing firearms in other states
- Federal crime(s), which now prohibit them from possessing firearms
People who also have a history of illicit drug use, addiction, and other drug crimes may also be prohibited from getting a permit to carry a concealed weapon.
What Kind of Penalties Can You Face for Firearm Charges in Las Vegas?
There are enhanced penalties in cases involving the possession of a weapon, whether a gun, knife, or another weapon was used in the alleged crime. Some felony weapons offenses will require the court to impose mandatory prison terms, which is why it is imperative that you retain the defense of a Las Vegas firearm lawyer.
Penalties for Firearm-Related Felonies
Depending on the severity of the offense and other factors of your case (e.g., whether you are a convicted felon, had a child present during the offense, or allegedly committed domestic violence), your firearm charge may be penalized as a category B, C, or D felony. These categories have separate penalties, such as:
- Category B felony: Those charged may face between one and six years of prison and a fine of up to $5,000.
- Category C felony: Those charged may face between one and five years of prison and a fine of up to $10,000.
- Category D felony: Those charged may face between one and four years of prison and a fine of up to $5,000.
Should you decide to have a lawyer from De Castroverde Criminal & Immigration Lawyers defend you, they may be able to negotiate lesser penalties in a plea deal or even have your charges dropped. You will receive legal counsel on which routes may be worth pursuing in your case.
A Las Vegas Firearm Lawyer from Our Firm Can Represent You Immediately
A major reason why you should consider hiring a criminal defense lawyer in Las Vegas is that once you retain an attorney, they can serve as your legal representative in all criminal proceedings, hearings, and out-of-court meetings.
Our criminal defense attorneys at De Castroverde Criminal & Immigration Lawyers know how to defend our clients’ rights, which remains one of our top priorities. We will advocate for you and petition for legal motions that can help us gain time to build your defense and investigate your case further. The following are some examples of how our lawyers may serve you.
#1. Initial Arraignment
If you call our law firm as soon as you are arrested and detained, we can send one of our attorneys to represent you as soon as your initial arraignment. The initial arraignment is a hearing where the defendant pleads guilty or not guilty. You, as the defendant, will also learn more details about the charges you’re facing and your rights. You will also have an opportunity to arrange getting a lawyer to represent you.
Based on your charges, your lawyer can advise you on how to plea and whether you have sufficient evidence to defend yourself in court.
#2. Bail Hearings
This hearing determines how much your bail is based on your charges. A gun charge defense attorney from our Las Vegas team can petition the judge to lower your bail so that you may be released from jail on more reasonable terms.
Having a lawyer negotiate lower bail can help you be able to continue regular daily activities, such as going to work, preparing for your flight back to your home state, or going to college/university.
#3. Pretrial Conferences
During pretrial conferences, your criminal defense attorney will be able to review the evidence provided by the prosecution team. Once they understand the case being made against you, they can start negotiating with the prosecutor to reach a plea bargain.
Plea bargains can be a viable option if you face multiple or felony charges, as your lawyer may be able to convince the judge to dismiss certain charges or lower the severity of your charges (e.g., reduce felony charges to misdemeanor charges). This agreement often involves fulfilling lesser penalties, such as serving shorter prison sentences or doing community service instead.
#4. Preliminary Hearings
If you are facing felony charges, your case will involve preliminary hearings. During these hearings, the judge determines whether there is sufficient evidence or probable cause to take your case to trial.
If your lawyer can argue reasonable doubt in the prosecutor’s argument, this may be strong enough to convince the prosecutor to agree to a plea deal or have the judge dismiss your charges altogether.
#5. Trial Hearings
Your lawyer will present your defense argument in trial court, where they will also counterargue any points made against you. If necessary, they may have witnesses who can support your case and testify. Your case will be heard by a judge and jury, who will determine your case verdict.
#6. Appeals Hearings
If you were found guilty at trial, that verdict is not necessarily the end of your case. If other evidence exists that can demonstrate your innocence, your lawyer can help you file an appeal for your case to have it reheard in court.
The appeals process can be long, so your lawyer can provide counsel on what to expect should you decide to go this route.
Our Criminal Defense Lawyers in Las Vegas Will Investigate Your Case
A criminal defense lawyer from De Castroverde Criminal & Immigration Lawyers can also serve you outside of court. Our legal team provides several services to our clients because a lot of investigative and administrative work will be involved in creating your defense argument.
For example, you can expect our team to:
- Conduct a private investigation into your case to determine whether there is probable cause for the charges filed against you, whether your arrest or interrogation was lawful, or whether the prosecution was lawful in seizing and collecting evidence from you (e.g., did they have a valid reason to seize your vehicle?)
- Contact witnesses who may be able to provide testimony for your case, such as bystanders who witnessed the arrest, individuals who can provide an alibi for you, or individuals who can vouch whether you have permission to carry your weapon (e.g., law enforcement, military personnel, or your employer)
- Collect evidence that can be used to support your defense, such as video footage of the alleged crime or arrest, gun registration documents, or forensic evidence that verifies whether your fingerprints were on the weapon
- Fill out legal paperwork for your case, such as to request additional time to discover evidence for your case, schedule hearings, or file legal motions
If you ever have concerns about your case, our team will also be available to answer your questions based on the evidence and information your lawyer has collected for your case.
Common Defenses Heard in Weapons Charges Cases in Nevada
Some common defenses heard in weapons charges cases include:
- You have a valid CCW permit in Nevada or your state: While it might seem irresponsible to not carry your CCW permit, there are many reasons why it might not have been in your possession at the time of your arrest. Regardless, if you have a valid CCW permit or license, your lawyer can present it to the court and potentially have your charges dropped if it involves illegally carrying a concealed weapon.
- The weapon does not belong to you: Whether someone else planted the weapon in your possession or you were borrowing a vehicle that had a weapon inside it without your knowledge, you may be able to argue that you were unaware of the firearm in your possession and had no intention of using or carrying it.
- You were pardoned on your felony conviction: Though convicted felons are prohibited from carrying or owning weapons, they can apply for a pardon on their felony conviction to restore their rights to possess a weapon, such as a handgun. If you received this pardon from a judge in Nevada, you may be able to have certain charges dismissed, depending on what your case involves.
Other defenses may focus on whether there is sufficient evidence to prove you guilty, whether you were acting in self-defense, or whether law enforcement conducted an illegal search and seizure of your property (e.g., your vehicle).
Arrested for a weapon violation in Las Vegas?
If you have been arrested for a weapons offense, we advise you to contact a Las Vegas weapon charges attorney at De Castroverde Law Group at once. You may be the victim of a rights violation, faulty police work, have unreliable witnesses, conflicting stories, or other details that could open the door to a case dismissal, reduced charge, or an acquittal.
We understand the impact a conviction will have on your personal and professional life. You face the real threat of loss of freedom and a long prison term with Nevada’s most dangerous criminals. We are here to help you fight back.
There are legal requirements to own certain weapons in Nevada. If you have been accused of illegal concealed carry, the use of a firearm in the commission of a crime, or other weapons crime, it is imperative that you get legal representation immediately.
We also represent both documented and undocumented immigrants accused of weapons offenses. When your future freedom could be lost, the best chance to avoid a conviction is in the quality of your Las Vegas weapon charges attorney.
Call us today so we can evaluate your case.