NRS 199.500: Understanding Criminal Solicitation in Nevada—Definition, Examples, Penalties, and Common Defenses
Criminal solicitation in Nevada is a serious offense that can lead to severe penalties for those convicted. It is crucial to understand the intricacies of this crime, including its definition, examples, possible penalties, and common defense strategies.
This article will explore these aspects in detail and discuss the importance of hiring an experienced criminal defense lawyer to handle your case, such as The Defenders, a Las Vegas-based law firm.
What is Criminal Solicitation in Nevada?
In Nevada, criminal solicitation is defined as attempting to persuade or convince someone else to commit a crime on your behalf. This crime is outlined in NRS 199.500.
According to this Nevada Revised Statute, criminal solicitation occurs when an individual “hires, commands, counsels, or otherwise solicits” another person to commit specific criminal offenses.
The crime of solicitation can be charged even if the solicited crime is never actually committed, as the act of attempting to convince someone else to commit the crime is enough to violate Nevada law.
Examples of Criminal Solicitation
Criminal solicitation can take various forms, such as:
- Encouraging someone to commit arson or kidnapping, which is classified as a gross misdemeanor under NRS 199.500, even if the crime is never actually committed.
- Attempting to persuade someone to commit murder, which is considered a Category B felony under NRS 199.500, regardless of whether the crime occurs.
Penalties for Criminal Solicitation in Nevada
The penalties for criminal solicitation in Nevada depend on the type of crime being solicited:
If an individual is found guilty of soliciting someone to commit arson or kidnapping, and no criminal act occurs as a result of the solicitation, they can be charged with a gross misdemeanor.
This offense carries the following punishments:
- Up to 364 days in county jail; and/or
- A fine of up to $2,000
Category B Felony
If an individual is convicted of soliciting someone to commit murder, even if the crime never takes place, they can be charged with a Category B felony.
This felony carries the following sentence:
- A mandatory minimum sentence of two years imprisonment, with a maximum prison term of 15 years; and
- A fine of up to $10,000
What Happens if the Crime Was Committed?
If the solicited crime was actually committed, the penalties for criminal solicitation will depend upon the underlying offense.
For example, in the case of arson, an individual who successfully persuaded someone to commit arson may be charged with the same crime as the person who committed the act, which is a Category B felony, which carries 1-10 years in prison, as well as up to $10,000 in fines.
Similarly, in cases of attempted murder, an individual found guilty of soliciting this act may be charged with conspiracy or attempted murder and face even more serious penalties than if they were simply found guilty of criminal solicitation.
Common Defenses to Criminal Solicitation Charges
If you have been charged with criminal solicitation, it is crucial to seek the help of a qualified and experienced lawyer who can provide effective defense strategies for your case.
Several defense strategies can be employed to fight criminal solicitation charges in Nevada. Some of the most common defense strategies include:
Lack of Intent
To convict an individual of criminal solicitation, the prosecution must prove that the defendant intended to convince someone else to commit a crime. If the defense can demonstrate that the defendant had no intention of soliciting the crime, the charges may be dropped.
If the defendant can prove that they withdrew their solicitation before the crime was committed or attempted, they may be able to avoid conviction.
The defense may argue that the defendant’s actions were misinterpreted or misunderstood, and that they did not actually solicit the crime.
If law enforcement officers induced or persuaded the defendant to commit solicitation when they would not have otherwise done so, the defendant may argue entrapment as a defense. This defense requires proving that the police used coercion, threats, or other improper methods to induce the defendant to engage in criminal solicitation.
Record Sealing for Criminal Solicitation in Nevada
In Nevada, individuals convicted of criminal solicitation can potentially have their criminal records sealed. This process involves petitioning the court to remove the criminal conviction from public view.
The eligibility for record sealing depends on the severity of the crime and the time elapsed since the conviction. For instance:
- Gross misdemeanor solicitation convictions may be eligible for record sealing two years after the completion of the sentence.
- Category B felony solicitation convictions may be eligible for record sealing five years after the completion of the sentence.
Related Crimes to Criminal Solicitation in Nevada
There are several crimes related to criminal solicitation in Nevada, including:
- Conspiracy: Agreeing with one or more persons to commit a crime and taking some action toward the crime’s commission.
- Attempt: Taking substantial steps toward committing a crime but not completing the crime itself.
- Aiding and abetting: Assisting, encouraging, or facilitating the commission of a crime by someone else.
Why Hiring a Criminal Defense Lawyer is Crucial
Facing criminal solicitation charges can be overwhelming and frightening, given the severe penalties that may come with a conviction. Hiring an experienced criminal defense lawyer, such as The Defenders, can significantly impact the outcome of your case.
Our attorneys can help you:
- Understand the charges against you and the possible penalties.
- Evaluate the evidence and develop a strong defense strategy.
- Negotiate with prosecutors for reduced charges or a plea bargain.
- Represent you in court and advocate for the best possible outcome.
If you or a loved one has been charged with criminal solicitation in Nevada, contact The Defenders for experienced and knowledgeable legal representation. We will work tirelessly to protect your rights and help you secure the most favorable outcome possible. Call us today for a free consultation.
Frequently Asked Questions
What is criminal solicitation in Nevada?
In Nevada, criminal solicitation involves an individual attempting to persuade or encourage another person to commit a crime. This can include asking for help in committing a crime, offering money or other rewards in exchange for the commission of a crime, or any other act seeking assistance with the commission of a crime.
What are the penalties for criminal solicitation?
The penalties for criminal solicitation depend on the severity of the crime that was being solicited. Generally, gross misdemeanor solicitation is punishable by up to 364 days in county jail and a fine of up to $2,000, while Category B felony solicitation carries a mandatory minimum sentence of two years imprisonment and a fine of up to $10,000.
Can I be charged with criminal solicitation even if the crime was never committed?
Yes, under Nevada law, you can be charged with criminal solicitation even if the solicited crime is never actually committed. The act of attempting to convince someone else to commit the crime is sufficient for a solicitation charge. If the crime is actually committed, the charges may be as severe as those of the actual crime.
What are some possible defenses to criminal solicitation?
Some common defenses to criminal solicitation charges in Nevada include lack of intent, withdrawal, misunderstanding, and entrapment. Your defense attorney can help you determine the best defense strategy for your case.
Can my criminal record for criminal solicitation be sealed?
Generally, yes. Eligibility for record sealing depends on the severity of the crime and how long it has been since your conviction. In most cases, gross misdemeanor solicitation convictions are eligible for record sealing two years after completion of the sentence, whereas Category B felony solicitation convictions may be eligible for record sealing five years after completion of the sentence. An experienced criminal defense lawyer can help you determine if your conviction is eligible for record sealing.
What if I change my mind and withdraw my solicitation?
If you can prove that you withdrew your solicitation before the crime was committed or attempted, you may be able to avoid a conviction for criminal solicitation.
How can a criminal defense lawyer help me with my criminal solicitation case?
A criminal defense lawyer can help you understand the charges against you, evaluate the evidence, develop a strong defense strategy, negotiate with prosecutors, and represent you in court. They can advocate for the best possible outcome in your case.