Nevada’s 3 Strikes Law: What It Means for Habitual Offenders
When we think of the phrase “three strikes”, many of us may immediately associate it with baseball. In this context, a player gets three chances to hit the ball before they strike out and are sent back to the dugout. However, in Nevada, the term holds a much more serious meaning for habitual offenders.
This critical distinction emphasizes the severity with which the legal system addresses repeat offenders, aiming to deter individuals from a life of crime. The stakes are particularly high as Nevada law imposes substantial penalties on those who repeatedly violate the law, with many cases making headlines, such as the recent pursuit of a habitual offender involved in gun theft.
If you, or someone you know, is facing charges as a habitual offender in Nevada, it’s imperative you hire a criminal defense attorney right away. The Defenders, with offices in Las Vegas and Reno, have extensive experience in dealing with habitual offender cases. Contact our office today for a free case evaluation.
Understanding Nevada’s Habitual Offenders Law
Nevada’s habitual criminal law, also known as the “3 strikes law,” aims to address recidivism by imposing harsher sentences on repeat offenders.
This law has a significant influence on convictions, potentially resulting in life imprisonment for individuals with multiple felony convictions . The state classifies habitual offenders into three categories: habitual criminals, habitual felons, and habitual fraudulent felons .
This law serves as a warning to those who engage in criminal behavior that their actions will not go unpunished.
The key components of this law include:
- Repeatedly committing felonies in Nevada or any other jurisdiction
- Being convicted at least five times for felonies or three times for violent/fraudulent felonies
- Facing stricter penalties for subsequent offenses
Comparison with Federal 3 Strikes Law
Nevada’s habitual offender law presents a distinct approach compared to the federal three strikes law outlined in 18 U.S.C. § 3559(c). While the federal statute mandates a life sentence upon a third felony conviction, specifically for serious violent felonies such as sex offenses, murder, or kidnapping, Nevada’s law operates under different stipulations.
Under Nevada law, the type of crime and the number of prior convictions determine the specific sentence, which can range from five years to life without parole.
The Three Categories of Habitual Offenders
The three categories of habitual offenders are defined in Nevada Revised Statutes (NRS) 207.010, 207.012, and 207.014.
Habitual Criminals (NRS 207.010)
Individuals face habitual criminal charges if they have five prior felony convictions and are convicted of a new felony. The penalties fall into two categories:
- “Small bitch”: For defendants with six total felony convictions (that’s previous five felony convictions plus the current one), carrying 5 to 20 years in prison.
- “Big bitch”: For defendants with eight total felony convictions, carrying life in prison with or without parole after 10 years, or 25 years with possible parole after 10 years.
Habitual Felons (NRS 207.012)
Habitual felon charges apply to individuals with three serious felony convictions, which include murder, rape, kidnapping, robbery, and other violent crimes. A new conviction in this category will result in a category A felony.
Penalties for habitual felons can include life imprisonment without parole, life with parole eligibility after 10 years, or a definite term of 25 years with parole eligibility after 10 years.
Habitual Fraudulent Felons (NRS 207.014)
This category applies to individuals convicted of three felony fraud crimes where “intent to defraud” was an element.
Additionally, the victim must be mentally or physically incapacitated or at least 60 years old. Habitual fraudulent felons face 5 to 20 years in prison .
Subsequent offenses may result in life imprisonment with eligibility for parole after 10 years.
How the Law Works in Practice
To better understand how Nevada’s habitual offender law works, here is an example table breaking down each category and its corresponding criteria and penalties:
| Category | Offense | Penalty |
| Habitual Criminal | 5 prior felony convictions in state or elsewhere | Category B Felony (Small Bitch)
|
| 7 prior felony convictions in state or elsewhere | Category A Felony (Big Bitch)
|
|
| Habitual Felon | Individuals who have been convicted of a serious felony (murder, rape, kidnapping, robbery) and have two prior serious felony convictions. | Category A Felony (Big Bitch)
|
| Habitual Fraudulent Felon | Individuals who have been convicted of a fraud felony, have two prior fraud felony convictions, and the victim in each offense:
|
Category B Felony:
|
Defending Against Repeat Offenses
Facing charges as a habitual offender is a serious matter, but it does not guarantee conviction. With the help of an experienced criminal defense attorney, you can potentially avoid harsh penalties like life imprisonment by mounting a strong legal defense.
Possible defenses against habitual offender charges include:
- Challenging prior convictions that do not meet the criteria for classification as repeated offenses
- Proving that the current offense does not meet the definition of a felony under Nevada law
- Presenting evidence to cast doubt on the prosecution’s case and/or establish mitigating circumstances
Other Consequences of Habitual Offender Status
In addition to the potential for life imprisonment, being classified as a habitual offender can have other lasting consequences. These include:
- Loss of certain rights, such as the right to vote or own firearms
- Limited employment and housing opportunities due to a criminal record
- Social stigma and discrimination from society
To protect yourself from these consequences, it is crucial to seek legal representation when facing charges that could result in habitual offender classification.
The Importance of Hiring an Experienced Defense Attorney
If you or someone you know is facing charges as a habitual offender in Nevada, it’s crucial to seek legal representation immediately. An experienced criminal defense attorney will thoroughly review your case and develop the best defense strategy to protect your rights and potentially reduce or dismiss the charges against you.
At The Defenders, our team has extensive experience handling habitual offender cases and is committed to fighting for the best possible outcome for our clients. Contact us today for a free consultation and let us help you navigate this complex legal process.
Don’t let a mistake from your past determine your future. With the right defense attorney by your side, you can fight against harsh penalties and potentially avoid being labeled as a habitual offender.
It’s important to remember that everyone deserves a second chance and that people can change. If you have been charged with multiple offenses, it does not mean that you are destined to be a repeat criminal. A skilled attorney will work tirelessly to challenge the prosecution’s case and fight for your rights, giving you the opportunity to move forward with a clean slate.
Contact our office today for a free case evaluation.
Frequently Asked Questions
Can I be charged as a habitual offender if my prior convictions were in another state?
Yes, Nevada’s habitual offender law applies to prior convictions in any state or jurisdiction. The only requirement is that the previous offense was a felony and meets the criteria for classification as a repeated offense under Nevada law.
What if I am falsely accused of being a habitual offender?
If you believe you are being falsely accused of habitual offender status, it’s crucial to seek legal representation immediately. Your attorney can help gather evidence and build a strong defense against these charges, potentially preventing you from facing harsh penalties.
What is considered a “serious felony” for the purposes of being classified as a habitual felon?
In Nevada, a “serious felony” is defined as murder, sexual assault, kidnapping, or robbery. If an individual has been previously convicted of two of these offenses and is charged with a third, they may be classified as a habitual felon. It’s important to note that the definition may vary slightly from state to state. It’s essential to consult with an experienced defense attorney in your jurisdiction for specific information about habitual offender laws and penalties.
