Can You Open Carry in a Las Vegas Casino? What Nevada Law Actually Says

Las Vegas attracts millions of visitors every year who want to enjoy world-class resorts, entertainment, and gaming. For gun owners, visiting Nevada brings up a very specific legal question. Can you open carry a firearm inside a Las Vegas casino?

The answer is a complicated mix of state statutes and private property rights. While Nevada is known for having some of the most permissive gun laws in the country, the reality on the casino floor is entirely different. Led by former Judge Tony Abbatangelo, our team at The Vegas Lawyers frequently sees visitors confuse state law with private property rights. This confusion often leads to unnecessary arrests and serious legal trouble.

Understanding Nevada Open Carry Laws

The General Rule for Public Spaces

Nevada is an open carry state. This means that any adult who is legally permitted to possess a firearm can carry it openly in most public spaces without needing a special permit. You can legally walk down the public sidewalks of the Las Vegas Strip or the Fremont Street Experience with a visible firearm. However, the moment you step off the public sidewalk and through the doors of a hotel or resort, the legal landscape shifts dramatically.

The Intoxication Trap

There is a massive caveat to the right to carry a firearm anywhere in Las Vegas. Under Nevada law, it is illegal to possess a gun with a blood alcohol concentration of 0.08 percent or higher. This is the same legal limit used for driving under the influence. Since casinos offer complimentary drinks to gamblers and alcohol flows freely throughout the city, it is incredibly easy to cross this legal threshold without realizing it. Carrying a firearm while intoxicated is a misdemeanor offense that can result in immediate arrest, jail time, and hefty fines.

Casinos Are Private Property: The Private Owner Loophole

State laws dictate what you can do in public, but casinos are private enterprises. As private property owners, gaming establishments have the absolute right to refuse service and set their own code of conduct. Almost every major casino on the Las Vegas Strip has strict corporate policies prohibiting firearms on its premises. This rule applies to both employees and guests, regardless of whether the gun is carried openly or concealed.

The Threat of Trespassing Charges (NRS 207.200)

If you walk into a casino with a visible firearm, security personnel will almost certainly approach you. They will ask you to either secure the weapon in your vehicle, check it in a hotel safe, or leave the property entirely. If you refuse to comply with their instructions, you are no longer just a patron breaking a house rule. You become a trespasser.

Under Nevada Revised Statutes 207.200, trespassing is a criminal offense. It occurs when you remain on private property after being instructed to leave by the owner or an authorized representative, such as a security guard. Trespassing is a misdemeanor punishable by up to six months in jail and a fine of up to $1,000. In the courtroom, we routinely see tourists face trespassing arrests simply because they tried to argue their Second Amendment rights with casino security.

Security Measures and Searches

Modern casinos utilize highly advanced security protocols. Beyond the thousands of surveillance cameras monitoring the floor, many properties now deploy discreet microwave radar technology and artificial intelligence systems designed to detect concealed weapons. During large events, you will also encounter metal detectors and bag checks. Casinos prioritize guest safety above all else and will not hesitate to involve the Las Vegas Metropolitan Police Department if a patron becomes combative about a firearm.

Open Carry vs. Concealed Carry in Casinos

You might wonder if concealing the weapon changes the scenario. Nevada requires a valid Concealed Carry Weapon permit to carry a hidden firearm. If you have a valid permit recognized by the state of Nevada, you are protected from state-level criminal charges for carrying a concealed weapon in public.

However, a permit does not override a casino’s private property rights. If security spots a printed outline of a gun under your shirt or detects it through a scanner, they will still ask you to leave. If you are caught carrying a concealed weapon without a valid permit, you face much steeper consequences. Carrying a concealed firearm without a permit is a Category C felony in Nevada, which carries a potential sentence of one to five years in state prison.

When casino security detains a patron for refusing to leave or for an illegal concealed weapon, they hold the individual until the police arrive. Law enforcement will take over the investigation, confiscate the firearm as evidence, and typically make an arrest. You will then be transported to the Clark County Detention Center for booking.

Once formal charges are filed, you will have to appear in court for an arraignment. For a misdemeanor trespassing charge, the goal of a skilled defense attorney is often to negotiate with prosecutors to have the charges reduced or dismissed entirely. In cases involving felony weapons charges, the legal battle becomes much more complex and requires a rigorous review of how the search and seizure were conducted.

Defense Options for Casino Firearm Charges

Every case has unique details, and a strong defense relies on the specific facts of your encounter. Our legal team examines several critical factors when building a defense strategy. For example, we look at whether the casino staff provided a clear and lawful order to leave. Sometimes, instructions from security are vague or contradictory.

We also scrutinize the actions of law enforcement. If the police conducted an illegal search of your person or property without probable cause, any evidence gathered might be thrown out of court. As a former judge, Tony Abbatangelo understands exactly what prosecutors need to prove their case. We use this insider perspective to identify procedural errors, challenge weak evidence, and protect our clients from severe penalties.

What to Do If You Are Approached by Casino Security

Handling an encounter with casino security requires a calm and strategic approach. If you are approached about your firearm, follow these fundamental rules:

●  Always keep your hands completely visible and away from your weapon.

●  Listen carefully to the instructions given by the security staff.

●  Leave the premises immediately and peacefully if asked to do so.

●  Avoid debating Nevada gun laws or your constitutional rights on the casino floor.

●  Remain silent and ask for an attorney if the police arrive to question you.

Frequently Asked Questions (FAQ)

Do I need a permit to open carry in Nevada?

No, you do not need a permit to open carry a firearm in Nevada. As long as you are at least 18 years old and not a prohibited person, such as a convicted felon, you can legally carry a visible gun in permitted public spaces.

Can a casino permanently ban me for carrying a gun?

Yes, casinos have the authority to issue a permanent trespass warning. If you are formally trespassed and caught returning to that property or any sister property owned by the same corporation, you will be arrested for trespassing.

Can out-of-state tourists open carry in Las Vegas?

Yes, tourists have the same open carry rights as Nevada residents while in public spaces. However, tourists must follow all state laws, including avoiding restricted areas like schools, federal buildings, and private properties that prohibit weapons.

Facing Firearm or Trespassing Charges in Las Vegas?

Navigating the intersection of gun rights and private property laws can be incredibly confusing, especially when you are visiting from another state. We understand that good people can make honest mistakes while enjoying our city. A momentary lapse in judgment or a misunderstanding of casino policy should not ruin your life or result in a permanent criminal record.

If you have questions about your situation or are facing trespassing or firearm charges in Las Vegas, The Vegas Lawyers are here to help. Early action is often the key to resolving these issues quietly and favorably. Give us a call at 702-707-7000 to discuss your case and learn how we can protect your future.

Federal vs. State Charges in Nevada: What Cases Go to the U.S. Attorney’s Office?

Getting arrested in Las Vegas is incredibly stressful. That stress multiplies when you discover your case is not heading to the local county courthouse but to federal court. Many people do not understand the difference until they are already caught in the system. As a defense team led by former Judge Tony Abbatangelo, we often see clients shocked by the sheer weight of a federal indictment.

The American justice system operates under two distinct levels of authority. State courts handle violations of local laws, while federal courts handle violations of the United States Code. Understanding which court system has jurisdiction over your case is the first step in building a strong, strategic defense.

The Core Difference Between Federal and State Prosecution

The agency making the arrest and the jurisdiction of the crime dictate where your case ends up. The rules, procedures, and potential penalties differ drastically between the two systems.

Nevada State Court Jurisdiction

The vast majority of criminal cases in Las Vegas are state-level offenses. If you are arrested by the Las Vegas Metropolitan Police Department or the Nevada State Police, you will typically face prosecution by the Clark County District Attorney. These cases are heard at the Regional Justice Center.

State crimes include offenses such as standard DUI offenses, local drug possession, basic assault, domestic violence, and burglary. If convicted of a state crime, defendants serve their time in a county jail or a Nevada state prison facility.

Federal Court Jurisdiction

Federal cases are an entirely different challenge. They are investigated by large national agencies like the FBI, DEA, ATF, or IRS. Instead of a local district attorney, your opponent is the U.S. Attorney’s Office for the District of Nevada. These cases are prosecuted at the Lloyd D. George U.S. Courthouse in downtown Las Vegas. The federal government steps in when a crime violates federal statutes or involves national security and commerce interests.

Types of Crimes Handled by the U.S. Attorney’s Office

Federal prosecutors do not spend their time on low-level street crimes. They target complex, high-stakes offenses. A case typically lands on a federal prosecutor’s desk for a few specific reasons:

●  The crime crosses state or international borders.

●  The offense occurs on property owned by the federal government.

●  The criminal activity involves federal agencies or federally insured institutions.

●  The crime is part of a large, organized network, such as a major drug cartel.

●  The conduct involves fraud, deception, or misrepresentation of or to the federal government.

●  The crime involves an immigration or customs violation.

Crimes Crossing State Lines

The federal government regulates interstate commerce. If a crime crosses state borders, it automatically becomes a federal issue. In Las Vegas, this frequently involves drug trafficking rings moving narcotics from California into Nevada. It also includes wire fraud, mail fraud, and cybercrimes where the victims and perpetrators are located in different states. Human trafficking and child exploitation cases also typically fall under federal jurisdiction.

Crimes on Federal Property in Nevada

Jurisdiction is also geographic. Nevada has vast areas of land controlled by the federal government. If you commit a crime at Nellis Air Force Base, a federal courthouse, or a national park like Lake Mead, you are under federal jurisdiction. Even a simple DUI or drug possession charge at a federal recreation area bypasses state court and goes straight to the federal system.

Financial Crimes and Federal Agency Involvement

Las Vegas is a major financial hub, making it a target for complex white-collar crimes. Bank fraud, money laundering, counterfeiting, and tax evasion are prime targets for federal investigators. Because these crimes impact federal institutions like national banks or the Internal Revenue Service, the U.S. Attorney’s Office aggressively pursues them.

Can You Be Charged in Both State and Federal Court?

A common misconception is that charging someone in both state and federal court violates the protection against double jeopardy. The United States Constitution prevents you from being tried twice for the same crime by the same sovereign. However, the state of Nevada and the federal government are considered two completely separate sovereign entities.

This means you can face state and federal charges for the same incident. For example, robbing a bank violates Nevada state law against robbery and federal laws protecting federally insured banks. While it is rare for both entities to pursue a trial simultaneously, they have the legal right to do so. Often, local prosecutors will defer to the federal government if the U.S. Attorney decides to pick up the case.

How Federal Criminal Defense Differs from State Defense

Defending a federal case requires a completely different legal strategy than a state case. An attorney who excels in state court may be completely out of their depth in the federal system.

The Power of Federal Resources

When the U.S. Attorney’s Office brings an indictment, they have usually been building their case for months or even years. Federal investigators have virtually unlimited resources, access to extensive wiretaps, financial subpoenas, and cooperating witnesses. By the time an arrest is made, the federal prosecutor believes they have an airtight case. From a judicial perspective, we know that breaking down a federal case requires meticulous attention to detail and a deep understanding of federal constitutional law.

Federal Sentencing Guidelines

The penalties in federal court are notoriously severe. State judges often have significant discretion when sentencing, allowing for probation or reduced terms in many non-violent cases. Federal judges, however, are guided by the United States Federal Sentencing Guidelines. These are strict mathematical formulas based on the severity of the offense and the defendant’s criminal history. Furthermore, there is no parole in the federal prison system. If convicted, defendants serve nearly their entire sentence.

Frequently Asked Questions (FAQ)

Are federal drug charges worse than state drug charges?

Yes. Federal drug charges almost always involve trafficking, manufacturing, or distribution rather than simple possession. They frequently carry mandatory minimum prison sentences, meaning the judge has no choice but to impose a specific number of years in federal prison if you are convicted.

Can state charges be picked up by the federal government?

Yes. If local police uncover a crime that violates federal law, they can hand the investigation over to federal agencies. This frequently happens in Las Vegas with large-scale drug busts or cases involving illegal firearms. The state will typically drop its local charges once the federal indictment is formally secured.

What happens if I am investigated by a federal agency?

Federal investigations are slow and highly secretive. You might receive a target letter from the U.S. Attorney’s Office, or agents might show up at your home or workplace for a casual interview. Never speak to federal agents without an attorney present, and do not respond to a target letter without first consulting with an attorney. Early intervention by a lawyer can sometimes prevent an investigation from turning into a formal indictment.

What to Do Next

Finding out you or a loved one is facing federal prosecution can feel overwhelming. The rules are stricter, the penalties are harsher, and the opposition has immense resources at its disposal. However, no case is unbeatable when you have the right legal strategy in place from the very beginning.

If you suspect you are under federal investigation or have already been charged by the U.S. Attorney’s Office, reaching out for knowledgeable counsel is your best defense. The team at The Vegas Lawyers is here to review the facts, protect your rights, and provide clear guidance through this complex process. Give us a call at 702-707-7000 to discuss your situation.

Nevada Gun Laws: Who Is NOT Allowed to Carry a Firearm in Vegas?

Las Vegas is a city that attracts people from all walks of life. While Nevada is generally known for its strong support of the Second Amendment, the right to bear arms is not absolute. State and federal laws strictly dictate who can and cannot possess a firearm. A misunderstanding of these rules can lead to immediate arrest and severe felony charges.

Led by former Judge Tony Abbatangelo, our defense team at The Vegas Lawyers frequently represents individuals who unknowingly violate Nevada weapons statutes. Understanding these restrictions is the best way to stay out of the Clark County Detention Center and protect your future.

Understanding Nevada Firearm Restrictions

Nevada operates as an open carry state and issues concealed carry permits to qualified applicants. However, these rights only apply to law-abiding citizens who meet specific legal criteria. The law creates a distinct category known as a “prohibited person.” 

If you fall into this category, it is a crime to own, possess, or have a firearm under your control anywhere in the state. This restriction applies whether you are walking on the Las Vegas Strip, driving a rental vehicle, or sitting in your own living room. Ignorance of the law is never considered a valid defense in a Nevada courtroom.

The Prohibited Persons List Under Nevada Law

Nevada Revised Statutes NRS 202.360 clearly outlines the conditions that strip an individual of their firearm rights. The statute, which aligns closely with federal regulations and is enforced aggressively by local Las Vegas police, prohibits you from possessing a firearm in Nevada if you fall into any of the following categories:

●  Anyone convicted of a felony offense.

●  Individuals with a misdemeanor domestic violence conviction.

●  People who are currently subject to a domestic violence protective order.

●  Fugitives actively fleeing from justice.

●  Undocumented immigrants or foreign nationals unlawfully in the country.

●  Anyone who was dishonorably discharged from the military.

●  Individuals adjudicated as mentally ill.

●  Anyone who is an unlawful user of or addicted to a controlled substance

Prior Felony Convictions

The most common reason a person is barred from possessing a gun is a prior felony conviction. If you have been convicted of a felony in Nevada or any other state, you lose your right to bear arms. This ban is lifelong unless you receive a formal pardon that explicitly restores your firearm rights. Having a felony conviction reduced to a misdemeanor or getting your criminal record sealed does not automatically restore your gun rights.

Domestic Violence Convictions and Restraining Orders

Nevada takes domestic violence incredibly seriously. A conviction for misdemeanor domestic violence automatically makes you a prohibited person. Furthermore, you do not even need a criminal conviction to lose your rights. If you are currently subject to an extended order for protection against domestic violence, you cannot legally possess a firearm while the order is active. Judges routinely order the immediate confiscation of all weapons when issuing these protective orders.

Mental Health Prohibitions

Your mental health history can also impact your legal right to bear arms. Nevada law prohibits individuals from carrying a gun if they have been formally adjudicated as mentally ill. This restriction also applies to anyone who has been involuntarily committed to a mental health facility by a court order. Voluntary admission for mental health treatment generally does not trigger this legal prohibition.

Substance Abuse and Intoxication

Being an unlawful user of controlled substances or being addicted to illegal drugs strips you of your right to possess a firearm. Additionally, Nevada law imposes strict rules regarding alcohol and guns. It is illegal to have a firearm in your physical possession if your blood alcohol concentration is 0.08 percent or higher. Visitors enjoying Las Vegas casinos and nightclubs must be extremely careful, as a few drinks can easily turn a legal gun owner into a criminal suspect.

Temporary Firearm Restrictions and Red Flag Laws

Beyond permanent or long-term bans, Nevada also enforces Extreme Risk Protection Orders. These are commonly known as red flag laws. Family members or law enforcement officers can petition a court to temporarily remove someone’s firearms if they believe the person poses a significant danger to themselves or others.

If a judge approves the petition, the individual must surrender all guns to law enforcement immediately. This temporary ban can last for up to a year and can be extended if the court deems it necessary. Violating a red flag order is a serious offense that will result in mandatory arrest and further criminal prosecution.

What Happens If You Are Caught with a Firearm Illegally?

Being caught as a prohibited person in possession of a firearm is a severe felony in Nevada. Under state law, this offense is classified as a Category B felony. If convicted, you face between one and six years in a Nevada state prison and fines up to $5,000. 

Prosecutors in Clark County pursue these cases with intense focus. Judges are rarely lenient when dealing with individuals who possess weapons illegally. In addition to prison time, a felony conviction strips you of many civil rights. You will lose the ability to vote, sit on a jury, and hold certain professional licenses. Furthermore, the federal government may also choose to prosecute the case. Federal weapons charges often carry mandatory minimum sentences that force judges to impose strict prison terms regardless of mitigating circumstances.

Defense Strategies for Firearm Charges in Las Vegas

Facing a felony weapons charge is terrifying, but an arrest is not the same as a conviction. Having a defense attorney with deep courtroom experience fundamentally changes the dynamic of your case. From the perspective of a former judge, Tony Abbatangelo knows that prosecutors must prove actual or constructive possession beyond a reasonable doubt.

Constructive possession means the state must prove you knew the gun was there and that you could control it. If you are riding in a friend’s car and police find a gun under the seat, we can argue that you did not know the weapon. We also meticulously scrutinize police conduct. If the Las Vegas Metropolitan Police conducted an illegal search and seizure without probable cause, we will file motions to suppress the evidence. Without the physical firearm admitted into evidence, the state often has no choice but to dismiss the charges entirely.

Frequently Asked Questions (FAQ)

Can I carry a gun if I have a medical marijuana card?

No. Marijuana remains illegal at the federal level. Because federal law prohibits users of controlled substances from possessing firearms, having a medical marijuana card, or using recreational cannabis makes you a prohibited person under federal statutes.

Does an out-of-state restraining order apply in Nevada?

Yes. Nevada recognizes and enforces domestic violence restraining orders issued by other states. If you have an active protective order against you from California or any other jurisdiction, you cannot legally possess a gun while visiting Las Vegas.

Can undocumented immigrants own a gun in Nevada?

No. Both Nevada state law and federal law strictly prohibit undocumented immigrants and foreign nationals who are in the United States illegally from possessing, owning, or carrying firearms.

Reach Out If You Need Legal Guidance

Navigating Nevada gun laws can be confusing, and honest mistakes can lead to life-altering consequences. Whether you are dealing with an old conviction, a complicated domestic violence allegation, or a sudden arrest, you do not have to handle the justice system alone. We believe in providing clear, strategic guidance to help you protect your rights and your freedom.

If you have questions about your legal status or are facing firearm charges in Las Vegas, The Vegas Lawyers are here to help. Taking early action gives us the best opportunity to review the facts and build a strong defense. Give us a call at 702-707-7000 to discuss your situation and see how we can assist you moving forward.

Clark County DA vs. Nevada Attorney General: Who Is Prosecuting Your Case in Las Vegas?

Seeing a charging document that reads “The State of Nevada vs. (Your Name)” can trigger immediate anxiety, making it feel as though the full weight of the government is bearing down on you. At that moment, the details in that document likely matter more than you may realize, because who is prosecuting your case matters to your defense. In Las Vegas, your criminal prosecution could be handled by the Clark County District Attorney, the Nevada Attorney General, or even a City Attorney. Because each office approaches cases with different priorities, resources, and strategies, the distinction can directly influence how aggressively your case is pursued, what evidence is prioritized, and whether favorable plea negotiations are even on the table. Understanding who stands on the other side of your case is not just a minor detail. It can be a critical factor in protecting your freedom and your future. An experienced criminal defense attorney at The Vegas Lawyers can identify the prosecuting authority, anticipate their approach, and build a strategy tailored to your situation.  Contact us today for a confidential consultation by calling 702-707-7000 or contacting us online.

Why Does It Matter Who Is Prosecuting Your Criminal Case?

No two criminal prosecutions are exactly alike because each case involves a unique set of facts and circumstances. An important factor in every criminal case is who the prosecuting authority is. The criminal defense attorneys at The Vegas Lawyers have extensive experience defending cases in all Las Vegas courts, which allows us to craft a defense strategy that takes into account who the opponent will be.

The Clark County District Attorney (DA): The Most Common Prosecutor

The Clark County District Attorney’s Office handles most criminal prosecutions in Las Vegas.

Types of Cases the DA Handles

Typically, state-level criminal prosecutions for crimes that occurred within Clark County are handled by the Clark County DA’s Office, including offenses such as theft, drug possession, and domestic violence, as well as DUI, sexual assault, and murder.

How the DA’s Office Builds Its Cases

Criminal cases handled by the DA’s Office usually begin with investigations or arrests made by local law enforcement agencies such as the Las Vegas Metropolitan PD (LVMPD), Henderson PD, and North Las Vegas PD. The DA’s Office reviews affidavits and reports filed by these law enforcement agencies and decides if charges will be filed against a suspect and, if they are, what those charges will be.

The Nevada Attorney General (AG): Complex and Statewide Crimes

The Nevada Attorney General (AG) handles complex and/or state-wide criminal prosecutions. These are often high-profile, high-stakes criminal cases. Cases handled by the AG may also involve fact patterns that could lead to federal jurisdiction. Federal criminal prosecutions are handled by the U.S. Attorney’s Office.

When Does the AG Step In?

The AG typically steps in and takes over the prosecution of a case when the charges involve complex white-collar fraud (such as embezzlement), public corruption, elder abuse in long-term care facilities, or Medicaid fraud. The AG may also prosecute cases when the local DA has a conflict of interest.

The AG’s Investigative Resources

When the AG prosecutes a case, the likelihood is high that the resources used to investigate the allegations were considerable, including specialized state investigators and high-profile task forces. To ensure that you and your rights are protected throughout the prosecution of your case, you should have a defense team on your side with comparable resources and experience.

The Las Vegas City Attorney: Handling Misdemeanors

In Las Vegas, the Municipal Court handles city ordinance violations, such as traffic violations, and minor criminal misdemeanors, such as simple battery. The Las Vegas City Attorney is in charge of prosecuting those cases. Gross misdemeanors and felonies are handled by the Clark County DA.

Received a target letter or notice of charges? Find out exactly what you’re up against. Contact The Vegas Lawyers for a confidential review by calling 702-707-7000 or contact us online.

How Your Defense Strategy Changes Based on the Prosecutor

Understanding who is prosecuting a criminal case can be critical to achieving a favorable outcome. Knowing what resources a prosecuting authority has available, as well as what strategies they typically employ and what negotiating style they usually use, can be invaluable when building a defense strategy.

Don’t face state prosecutors without a former insider on your side. Let’s discuss your defense. Contact the team at The Vegas Lawyers today for a FREE evaluation by calling 702-707-7000 or contacting us online.

How The Vegas Lawyers Level the Playing Field

Regardless of who is prosecuting your criminal case in Las Vegas, having an experienced criminal defense attorney on your side is imperative to protect your rights, your freedom, and your future.  The defense attorneys at The Vegas Lawyers routinely go head-to-head with both Steve Wolfson’s office (DA) and Aaron Ford’s office (AG). We have both the resources and determination to counter state-backed criminal investigations. We are committed to aggressively defending you throughout the prosecution of your case.

FAQs

Is it worse to be prosecuted by the Attorney General or the DA in Nevada?

Typically, cases handled by the AG involve higher-profile crimes or allegations involving more complex criminal enterprises. The AG’s office also has access to considerable resources when investigating and prosecuting cases.

Why is the Nevada Attorney General investigating me instead of local police?

If the AG is investigating you, it likely means that the allegations involve statewide crimes or complex criminal transactions, such as Medicaid fraud.

Who handles DUI cases in Las Vegas courts?

DUI cases are usually prosecuted by the Clark County District Attorney’s Office.

What is the difference between the Clark County DA and the Las Vegas City Attorney?

The Las Vegas City Attorney’s Office handles ordinance violations (traffic) and simple misdemeanor prosecutions, while the Clark County DA’s Office handles gross misdemeanor and felony prosecutions.

Can both the DA and the AG prosecute me for the same crime?

No. You can only be prosecuted by either the DA or the AG for the same criminal offense.

Who is the prosecutor in Clark County Justice Court?

Steve Wolfson is the current Prosecutor for the Clark County Justice Court.

Do I need a special lawyer if the Attorney General brings charges against me?

You need a criminal defense attorney to represent you who has experience handling high-profile, complex, high-stakes cases that are typically prosecuted by the Attorney General.

Contact The Vegas Lawyers Today

If you are facing criminal charges in Las Vegas, level the playing field by hiring the team at The Vegas Lawyers. Get an experienced defense team between you and the prosecution and take control of your defense. All consultations are strictly confidential, even if you are only under investigation and haven’t been charged yet. Contact us today by calling 702-707-7000 or contacting us online.

Which Convictions Can’t Be Sealed in Las Vegas? (Nevada Law Explained)

Having a criminal record can feel like a constant barrier to moving forward with your life. It can negatively impact everything from your employment opportunities to your housing options.  If you are trying to build a fresh start, it can be frustrating to watch opportunities slip away because of a past mistake. While sealing your criminal record may offer a solution, Nevada law makes it clear that some criminal convictions cannot be sealed. Determining whether your criminal record is eligible to be sealed is the first step toward regaining control of your future. Even if you suspect your conviction cannot be sealed, you may still have options. A confidential case review with an experienced criminal defense attorney may uncover alternative strategies or potential relief, such as a reduction of charges or a pardon.

The Reality of a Criminal Record in Nevada

If you are convicted of a criminal offense in Nevada, whether it is a misdemeanor or a felony, that conviction will show up anytime someone runs a background check on you for the rest of your life. That criminal record could disqualify you from employment opportunities, impact your eligibility for assistance programs, or even prevent you from qualifying for housing.

Which Convictions Cannot Be Sealed Under Nevada Law?

Sealing your criminal record in Nevada means that the record becomes unavailable to the general public. Although Nevada law is relatively broad regarding record sealing eligibility, some criminal convictions cannot ever be sealed. Nevada Revised Statutes 179.245(6) sets forth the convictions that cannot be sealed, including:

Felony DUI (Driving Under the Influence)

Although a misdemeanor DUI conviction is eligible for record sealing, felony DUI convictions are not. Typically, this includes DUI convictions involving serious bodily injury or death, as well as a third DUI conviction within seven years.

Crimes Against Children

Crimes against children, including (but not limited to) felony child abuse or neglect, sexual exploitation of a child, lewdness with a minor, and kidnapping a minor, are ineligible for record sealing in Nevada.

Felony Sex Crimes

Felony sex crimes, such as rape, sexual assault, child pornography, and battery with intent to commit sexual assault, cannot be sealed in Nevada.

Failure to Register as a Sex Offender

Convicted sex offenders are required by law to register in their county of residence in Nevada. Failing to register, as required, is a separate criminal offense under Nevada law. A conviction for failing to register as a sex offender, a D felony, is ineligible for record sealing.

Not sure what your official charge was? Let us pull your records confidentially. Contact The Vegas Lawyers at 702-707-7000 or contact us online to discuss your options.

Wait, What if My Charge Was Dismissed or Reduced?

While there are offenses that are ineligible for record sealing in Nevada, that only applies to convictions. If you were charged with an ineligible offense, but the charges were dismissed, or you were ultimately convicted of a lesser charge, you may still be eligible for record sealing.

For example, if you were charged with felony child abuse but the charges were dismissed, you may immediately be eligible to seal your criminal record. If you were originally charged with felony DUI but entered into a plea agreement that reduced the charge to a misdemeanor DUI, you would be eligible to seal that record after the relevant waiting period has passed.

Is There Any Hope If My Conviction Can’t Be Sealed?

If your criminal conviction is not eligible to be sealed, it may be worthwhile exploring the possibility of a pardon. In Nevada, the Nevada State Board of Pardons Commissioners reviews applications for pardons or sentence commutations. If granted, a pardon removes all disabilities related to the conviction and restores rights, but does not erase the conviction.

Find out if you qualify for a Governor’s Pardon. Reach out to The Vegas Lawyers for a FREE case review by calling 702-707-7000 or contacting us online.

Mistakes That Can Hurt Your Record Sealing Case

Having your criminal record sealed can be incredibly beneficial to your professional and personal life, but it is easy to make common mistakes during the process if you try to go it alone, such as:

  • Failing to confirm that your conviction is eligible for record sealing.
  • Applying to seal your record before the relevant waiting period has expired.
  • Applying with charges pending.
  • Submitting incomplete paperwork to the Clark County District Attorney’s office.

The Clark County Record Sealing Process: What Happens Next?

The Clark County record sealing process involves several crucial steps, including:

  1. Requesting aShared Computer Operations for Protection and Enforcement” (SCOPE) report from the Las Vegas Metropolitan Police Department (LVMPD) or other relevant law enforcement agency.
  2. Obtaining a Judgment of Conviction and Discharge, which can be obtained from the District Court Clerk if the conviction occurred in Las Vegas.
  3. Preparing documents, including a Petition, an Affidavit,t and a proposed Order.
  4. Deliver copies of your documents to the  Clark County District Attorney’s Office for review.
  5. Filing with the Court for a judge’s approval.
  6. Sending Copies to the appropriate law enforcement agencies.

How The Vegas Lawyers Can Help Clear Your Name

Given the impact that a criminal conviction may have on your life, getting your criminal record sealed is a process that you cannot afford to take lightly. A single mistake during the record sealing process could result in months of unnecessary delays. Having the team at The Vegas Lawyers on your side throughout the record sealing process is the best way to avoid mistakes and the likelihood of getting your request approved without delay.

FAQs

Can a felony DUI ever be sealed in Nevada?

No. A felony DUI cannot be sealed, but it may be possible to get the record reduced or to obtain a pardon.

What happens if my sex offense charge was dropped? Does it stay on my record?

The arrest will remain on your record if you do nothing, but if the charges were dismissed, you should be eligible to seal the record.

How long do I have to wait to seal a regular felony in Las Vegas?

The applicable record sealing waiting period for a felony conviction in Las Vegas depends on the level of felony, ranging from two to ten years.

Is there a difference between expungement and record sealing in Nevada?

Yes. When a criminal record is expunged, the record is physically destroyed or removed from relevant databases. A sealed record is not visible to the public, but the physical record is not destroyed. You cannot expunge a criminal record in Nevada, but you may be able to seal the record.

Can I pass a background check if my conviction can’t be sealed?

If your criminal record has not been sealed, it will appear on a background check.

Do I need a lawyer to seal my record in Clark County?

While you are not legally required to retain a lawyer, working with an experienced lawyer makes the record sealing process less stressful and ensures that all steps are completed correctly and in a timely manner.

What is a Nevada Governor’s Pardon, and how do I get one?

A Nevada Governor’s pardon is an act of executive clemency that forgives a crime and restores your rights, but does not seal your record.  To be eligible, you must have completed your sentence and demonstrate rehabilitation. Applications are reviewed by the Nevada State Board of Pardons Commissioners.

Contact The Vegas Lawyers Today

Everything we discuss is 100% confidential, and checking your eligibility will not alert your employer. Contact The Vegas Lawyers to schedule your free record sealing eligibility review today by calling 702-707-7000 or contacting us online.

Nevada Alcohol Limits Explained: Legal BAC Levels, Penalties, and What to Expect After a DUI

Although people commonly believe that the “legal limit” for driving under the influence (DUI) refers to a bright line that determines guilt or innocence, the reality is considerably more nuanced. As in many states, Nevada law includes impairment from alcohol, prescription medication, recreational drugs, and even certain over-the-counter substances in the state’s DUI law. As such, a clear understanding of BAC standards, testing methods, and potential penalties can help anyone facing DUI charges by making sure that they know what to expect and what steps to take next. If you have specific questions, contact The Vegas Lawyers today by calling (725) 217-4768 to schedule your free consultation.

Nevada Alcohol Limits

DUI in Nevada

Governed by NRS 484C.110, driving under the influence in Nevada is defined as operating a motor vehicle on a public roadway while any of the following apply:

  • You are under the influence of intoxicating liquor.
  • You have a concentration of alcohol of 0.08 or more in your blood or breath.
  • You are found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath.
  • You are under the influence of a controlled substance, chemical, poison or organic solvent.
  • You are under the combined influence of intoxicating liquor and a controlled substance.
  • You have an unlawful blood level of certain drugs (as defined in the statute).

It is crucial to understand that while operating a motor vehicle with a BAC above 0.08 percent is one route to a DUI conviction, you can also be charged with DUI based on observable impairment, even if the chemical test results show that your BAC level was below the 0.08 percent limit. The statute makes it clear that you can also be prosecuted for driving while under the influence of legally prescribed medication, cannabis, or common medications that impair judgment or coordination. Moreover, certain categories of motorists must adhere to lower thresholds. For example, commercial drivers are subject to a 0.04 percent limit when operating a commercial vehicle and Nevada enforces a strict “zero-tolerance” policy for individuals under the legal drinking age. An underage driver may be arrested with a BAC as low as 0.02 percent.

Understanding BAC Levels

During a traffic stop, if a law enforcement officer has probable cause to believe that a motorist is impaired, the driver is typically arrested and ultimately asked to complete a chemical breath test after arriving at a police station or detention center. The drive blows into a device designed to identify the presence of ethanol in the breath, and the machine calculates a corresponding Beath Alcohol Concentration (BAC) number. A reading of 0.10 percent, for example, indicates one part alcohol for every 1,000 parts blood. The test results can then be used as evidence against the driver in a DUI prosecution.

DUI Penalties in Nevada

If you are charged with DUI in Nevada, the severity of the potential penalties will depend on the circumstances surrounding your arrest and your prior criminal record (or lack thereof). A first or second DUI within a seven-year period is typically charged as a misdemeanor unless aggravating circumstances (such as an accident or a minor in the vehicle) exist. If convicted, you face up to a year in jail along with fines, community service, and a license suspension.

A third DUI within that period becomes a Class B Felony. A DUI is also elevated to a Class B Felony if the driver has a previous felony DUI conviction or causes substantial bodily injury or death while impaired. Nevada law allows prosecutors to charge vehicular homicide as a Class A Felony when a driver with three or more prior DUI convictions causes the death of another person while under the influence. A conviction for DUI as a Class B Felony subjects you to a prison sentence of up to 20 years while the penalties for a Class A felony conviction can include a term of incarceration of 25 years to life in Nevada.

What to Expect After a DUI Arrest in Nevada?

If you are arrested for DUI in Nevada, your first concern will be securing your release from jail. If you are unable to pay the bond amount set in your case, an attorney may be able to get the amount reduced. Your driving privileges will likely be administratively suspended following your DUI arrest, which can be problematic if you need to drive to get to work or school. An attorney may be able to help you obtain a hardship license that will allow you to drive while your case is pending. Having an experienced DUI defense attorney on your side throughout the prosecution of your case is the key to protecting your rights and limiting the negative impact on your life and your future.

What Should I Do If I Was Arrested for DUI in Las Vegas?

If you were arrested and charged with DUI in Las Vegas, consult with a DUI defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

False Accusations of Domestic Violence: How to Protect Yourself & Build a Defense

Domestic violence allegations were once dismissed as private disputes, meaning that police officers rarely arrested abusers. Today, however, the State of Nevada treats domestic violence allegations seriously, often filing significant criminal charges against an alleged abuser. If you are facing domestic violence allegations, it is crucial to understand that a conviction can result in jail time, substantial financial penalties, civil rights restrictions, and long-term damage to career prospects. For someone falsely accused, the situation can feel overwhelming and deeply traumatic. If you are facing false domestic violence claims in Las Vegas, it is vital to know how to protect and defend yourself. If you have specific questions, contact The Vegas Lawyers today by calling (725) 217-4768 to schedule your free consultation.

False Accusations of Domestic Violence - The Vegas Lawyers

What Qualifies as Domestic Violence in Nevada?

Nevada law defines domestic violence through the framework of battery when the parties share a qualifying personal relationship. Specifically, a battery involving spouses, romantic partners, relatives, or cohabitants may be charged as Battery Domestic Violence (BDV). The level of severity of the charge will depend on the circumstances and on whether the accused has prior BDV convictions.

What Are the Potential Penalties for a BDV Conviction in Nevada?

A first-time BDV conviction, without aggravating factors, is typically a misdemeanor in Nevada. A conviction can result in 48 hours to six months in jail, fines up to $1,000, mandatory counseling sessions (which you must pay for), and community service hours. If you are convicted of a second BDV offense within seven years, it remains a misdemeanor, but the penalties increase, requiring at least 10 days in jail and additional community service obligations. In addition to these judicial penalties, you may face numerous nonjudicial penalties for a BDV conviction, including the loss of your job, ineligibility for certain professional opportunities, forfeiture of the right to own or possess a firearm, and limits on parenting time if you share children with the alleged victim.

How to Handle False Allegations of Domestic Violence

False accusations of domestic violence do occur, and when they do, the stakes are extraordinarily high. Nevada’s emphasis on protecting victims means that every claim is treated as credible unless proven otherwise. The accused must therefore rely on a careful, evidence-based defense. The most effective strategy will depend on the unique details of the incident, but several approaches can be used to combat wrongful allegations, such as:

  • Victim Recanting: Many people mistakenly believe that a domestic violence case can be “dropped” if the accuser decides not to proceed. That assumption is inaccurate because once the State of Nevada files formal charges, only the prosecution has the authority to drop the case. The alleged victim may share input with the prosecutor, and may even ask to have the changes dropped, but the decision to dismiss or pursue the matter rests exclusively with the state. Ultimately, the victim recanting may help your case; however, you should never count on that as your defense.
  • Witness Testimony: If other individuals observed the interaction between you and the accuser, their testimony may contradict the version of events offered by the alleged victim. In some instances, witnesses may confirm that the accuser initiated physical contact or that you acted only to protect yourself. Independent observers can provide reliable accounts that cast doubt on the prosecution’s narrative.
  • Questioning Accuser’s Credibility: This must be approached cautiously because courts and juries tend to respond negatively to arguments that appear to blame or attack an accuser. Nevertheless, if the alleged victim has made prior unfounded accusations, has a history of aggressive behavior, or has a potential motive to fabricate a claim, these facts may be raised as part of a broader defense strategy. Demonstrating a pattern of dishonesty or manipulation can influence how the judge or jury evaluates the testimony.
  • Challenging Physical Evidence: Accusers sometimes report injuries that are inconsistent with the alleged incident. In other cases, the injuries may be unrelated to the event or may be exaggerated. A defense attorney can scrutinize medical reports, photographs, and forensic findings and if the evidence does not support the accusation, that inconsistency can significantly weaken the state’s case.
  • Alibi Evidence: If you were not even present when the alleged incident occurred, evidence showing your location may establish that you could not have committed the act. Time-stamped receipts, surveillance footage, witness accounts, or digital location data can form a strong foundation for this type of defense.

What Should I Do If I Am Facing False Allegations of Domestic Violence in Las Vegas?

If you ae facing false allegations of domestic violence in Las Vegas, consult with a domestic violence defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

DUI Blood Testing: Challenging Chemical Test Results

Although we all know about the dangers of drinking and driving, it can be easy to get carried away in a city like Las Vegas where the casinos never close and the party never stops. If you are operating a motor vehicle and ultimately arrested for driving under the influence (DUI), you will be asked to submit to a chemical breath test when you reach the jail or police station. If you refuse that test or are unable to complete the test because you are incapacitated, a blood test may be used. The Vegas Lawyers discuss DUI blood testing and when you might be able to challenge the blood test results. If you have specific questions, contact us today by calling (725) 217-4768 to schedule your free consultation.

DUI Blood Testing - The Vegas Lawyers

DUI in Nevada

Nevada law makes it illegal to operate a motor vehicle on a public roadway if any of the following are true:

  • You are under the influence of intoxicating liquor.
  • You have a concentration of alcohol of 0.08 or more in your blood or breath.
  • You are found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath.
  • You are under the influence of a controlled substance, chemical, poison or organic solvent.
  • You are under the combined influence of intoxicating liquor and a controlled substance.
  • You have an unlawful blood level of certain drugs (as defined in the statute).

If a police officer conducts a traffic stop that results in probable cause to arrest you for DUI, the Nevada implies consent law applies. In simple terms, the implied consent law states that if you drive a vehicle on a public roadway in Nevada, you have given your consent to submit to a chemical test (blood, urine, or breath) to check for the presence of alcohol or other substances in your system.

Chemical Test Basics

Science recognizes three primary methods for identifying alcohol in the body, including breath, blood, and urinalysis. Urine testing once served as the primary testing tool, but advances in technology have shown that blood and breath tests produce more dependable results. For that reason, urine testing is now seldom used. Blood analysis remains the most precise method for measuring alcohol concentration and can also identify the presence of drugs. It is considerably more intrusive, however, which is why officers typically need a warrant before drawing a sample. Courts have determined that breath testing does not carry the same level of intrusion and may be administered without a warrant. Consequently, a chemical breath test is typically the first testing choice in a DUI arrest in Nevada. There are, however, situations in which a blood test is used.

When Is a Blood Test Used in a Nevada DUI Arrest?

Given the intrusive nature of a blood test, Nevada law only allows a law enforcement officer to pursue a blood draw in a DUI investigation under specific circumstances. For example, if a driver declines other chemical testing, a blood test may be pursued, but the officer must secure a warrant before taking a sample. Once a judge authorizes the warrant, however, the sample can be taken without the driver’s consent or agreement. A law enforcement officer is even allowed to use physical restraint to ensure the process is carried out safely and effectively. Nevada law does place limits on this authority by allowing no more than three blood samples within the five-hour period that follows the arrest.

Challenging Blood Test Results in Nevada

Although a blood test is universally viewed as the most accurate way to detect alcohol or drugs in a driver’s system, the accuracy of the results can be challenged for a number of reasons, including:

  • Collection Process Errors: Nevada law requires that the blood draw be performed by a qualified individual using approved medical procedures. Errors made during the collection process can skew the results. For example, if the technician uses an alcohol-based swab to clean the skin, the swab can contaminate the sample and elevate the alcohol reading. Improper sterilization of equipment or the use of expired collection tubes can also jeopardize the integrity of the blood.
  • Natural Fermentation: The tube used to collect blood must contain specific preservatives and anticoagulants that prevent fermentation and clotting. If the chemical balance is not correct, the blood can ferment, producing alcohol inside the tube even when the individual had no alcohol in their bloodstream.
  • Chain of Custody Issues: Chain of custody refers to the path the blood sample follows from the moment of collection until analysis, which must be carefully and accurately documented. Failing to properly document the chain of custody for a sample can lead to the sample being inadmissible at trial.
  • Storage conditions: Failing to store a blood sample at a consistent refrigerated temperature can cause the chemical composition of the blood to change, which can lead to falsely elevated alcohol levels or degraded drug metabolites.
  • Testing Errors: Gas chromatography is usually used to test for alcohol or drugs in a blood sample. These machines require calibration, regular maintenance, and careful operation by a lab technician. Both human error and machine malfunction can result in an inaccurate test result.
  • Drug Testing Issues: Unlike alcohol, drugs do not have a direct relationship between concentration in the blood and impairment. In addition, some substances remain detectable long after their effects have worn off. For a blood test result to be relevant to the issue of impairment, the result must distinguish between active compounds that cause impairment and inactive metabolites that merely show past use.

What Should I Do If I Was Arrested for DUI in Las Vegas?

If you were arrested and charged with DUI in Las Vegas, consult with a criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

Nevada Self-Defense Laws: When Force Is Legal and When It’s Not

If you are facing criminal charges for assault, battery, or even homicide in Nevada, you may be able to avoid a conviction by mounting a successful self-defense claim. Nevada is a “stand your ground” state, meaning that you have a right to fight back with lethal force under certain circumstances. Understanding when the use of force is legal and when it’s not is crucial to your defense. With that in mind, The Vegas Lawyers explain Nevada self-defense laws. If you have specific questions, contact The Vegas Lawyers today by calling (725) 217-4768 to schedule your free consultation.

Self Defense Law Legal Concept

Nevada Gun Laws

Nevada recognizes broad rights related to firearm possession under both the United States Constitution and the Nevada Constitution, which affirms the ability to keep and bear arms for personal security, hunting, recreation, and other lawful uses. Both residents and visitors can legally carry firearms openly without obtaining a permit as long as the age requirement is met. Individuals who are at least eighteen may openly carry a rifle or shotgun, while those who are twenty-one may openly carry a handgun or semiautomatic long gun. Openly carrying a handgun in a holster or carrying a long gun over the shoulder is allowed in most public spaces, and no registration or licensing process is required.

Carrying a concealed firearm in Las Vegas operates under much stricter rules. A firearm is classified as concealed when it is carried in a manner that is not noticeable to the average observer, whether the weapon is hidden under clothing or stored in a purse, backpack, or other container that is carried on the person. Concealed carry is not automatically lawful simply because the individual may legally possess a firearm. Instead, you must have a valid concealed carry weapon permit issued by a Nevada authority or by a state with reciprocity.

Nevada Self-Defense Laws

Nevada law recognizes that a person has the right to protect life and safety when confronted with immediate danger. The legal framework surrounding the right to use self-defense is detailed and rooted in long-standing principles that balance personal protection with public safety. When deadly force is used, the law examines the circumstances with great care, focusing on necessity, reasonableness, and the conduct of the individual claiming self-defense.

Self-defense is lawful in Nevada when a person reasonably believes that an aggressor poses an immediate threat of death, serious injury, or significant harm to property. The fear of danger must be both genuine and objectively reasonable under the circumstances. The individual responding to that threat must also limit the amount of force used. Lethal force is justified only when it appears necessary to prevent death or great bodily harm. The law does not require perfect judgment in moments of crisis, but it does require that the decision to use force reflects what an ordinary person might do in the same situation. Nevada also recognizes the right to use force to protect another person who is facing an imminent threat.

What is “Stand Your Ground?”

Nevada’s “stand your ground” law does not impose a legal duty to retreat before using deadly force, provided certain conditions are satisfied. The person asserting the defense must:

  • Not have started the confrontation.
  • Have been lawfully present at the location where the incident occurred.
  • Not have been engaged in criminal conduct at the time.

These requirements reflect the principle that the benefit of “stand your ground” applies only to individuals who are acting within the bounds of the law and who have not contributed to the escalation of violence. If those conditions are met, the law recognizes the right to meet a deadly threat without first attempting to flee.

Nevada’s “Castle Doctrine”

Nevada’s “castle doctrine” operates alongside the stand-your-ground rule and provides additional protection in situations involving intrusions into occupied homes or vehicles. When an intruder unlawfully enters an inhabited dwelling or automobile, the occupant is generally justified in using deadly force. There is no requirement to retreat, even if an avenue of escape exists. The doctrine reflects the long-recognized belief that a person’s home is a place of safety and that individuals have the right to defend themselves and others inside it. The Castle Doctrine protection only applies when the structure or vehicle is occupied, meaning that an empty home or car does not trigger the doctrine.

What Should I Do If I used Deadly Force in Self-Defense in Las Vegas?

If you used deadly force in self-defense in Las Vegas and are concerned about being charged with a crime, consult with a criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

Vehicular Crimes: Hit & Run, Vehicular Manslaughter & Negligent Homicide in NV

As a popular vacation destination, Las Vegas sees more than its share of vehicular traffic on a daily basis. When a driver is involved in a collision that results in injury or death, the driver may face civil as well as criminal consequences. Criminal liability may apply under one of the various Nevada laws related to vehicular crimes, including hit and run, vehicular manslaughter, and negligent homicide. To help you understand what criminal charges you could be facing, the Vegas Lawyers explain vehicular crimes in Nevada. If you have specific questions, contact us today by calling (725) 217-4768 to schedule your free consultation.

vehicular crimes - The Vegas Lawyers

How Is “Hit and Run” Defined in Nevada?

Under Nevada law, you have certain obligations and responsibilities if you are involved in a motor vehicle accident. Specifically, you are required to stop at the scene of the accident, render aid if it is needed, and provide your name, registration, and address to anyone else involved in the accident. Furthermore, you must file a Nevada SR-1 accident report within 10 days of the accident if the police do not respond to the accident scene. Failing to fulfill your obligations under the law can result in criminal charges being filed against you for “hit and run.”

Leaving the scene of a property damage only accident (property “hit and run”) is charged as a misdemeanor in Nevada. If you are convicted, you face up to six months in jail and/or a fine of up to $1,000 along with demerit points charged against your driver’s license. If you leave the scene of an accident that caused injury or death (injury “hit and run”) you can be charged with a Category B felony for each person injured or killed in the accident. If convicted, you may be sentenced to two to 20 years in prison and/or a fine of up to $5,000.

What Constitutes Vehicular Manslaughter in Las Vegas?

Governed by NRS 484B.657, vehicular manslaughter occurs when a driver’s negligence causes the death of another person. Negligence can refer to an act or an omission on the part of the driver. For example, if you were distracted by your cell phone or by another occupant of the vehicle, and that distraction caused or contributed to a fatal accident, you could be charged with vehicular manslaughter. Likewise, if you knew that your brake lights were inoperable but failed to fix them and that failure caused or contributed to a collision that resulted in a fatality, you could be charged with vehicular manslaughter. In Nevada, vehicular manslaughter is a misdemeanor, punishable by up to six months in jail and/or up to a $1,000 fine if convicted. Note that if the accident occurred in a work zone or pedestrian safety zone, the penalties can be enhanced.

Can Reckless Driving Be a Vehicular Crime in Nevada?

In Nevada, you can be charged with reckless driving for drag racing, “trick” driving, or “driving with willful or wanton disregard of the safety of persons or property.”  If your reckless driving results in a collision with a pedestrian or bicyclist, you could be charged with a misdemeanor or a gross misdemeanor, punishable by up to a year in jail and/or up to a $1,500 fine along with significant community service work and a lengthy license suspension.

Reckless driving can be elevated to a Category B felony in Nevada if it results in a fatal accident. For example, if you are drag racing and get into an accident that kills someone, you could be charged with a Category B felony, punishable by a minimum of one to six years in prison and/or up to a $5,000 fine. If you were operating the vehicle at a rate of speed that is 50 miles per hour or more over the posted speed limit or the accident occurred in a work zone or pedestrian safety zone, the potential maximum sentence is increased to 10 years in prison.

What Is Vehicular Homicide in Las Vegas?

Under Nevada law, vehicular homicide can be charged if an accident results in serious bodily harm or death and any of the following apply:

  • The driver was under the influence of alcohol and/or drugs.
  • The driver has a prohibited amount of a controlled substance in their blood.
  • The driver had a blood alcohol content (BAC) of 0.08 percent or higher within two hours of driving.

Vehicular homicide under these conditions is charged as a Category B felony in Nevada, punishable by two to 20 years in prison and/or a fine of up to $5,000 along with a lengthy license suspension if convicted.

Vehicular homicide can be elevated to a Category A felony, punishable by 25 years to life in prison, if you have three previous DUI convictions and are ultimately convicted of driving under the influence and being involved in an accident that results in the death of another person.

What Should I Do If I Have Questions about Vehicular Crimes in Nevada?

If you have additional questions about hit and run, vehicular manslaughter, negligent homicide, or other vehicular crimes in Nevada, consult with the experienced Las Vegas criminal defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.