NRS 200.405 – Administering Drugs to Aid in a Felony
A defendant can be guilty of the crime of NRS 200.405, which is considered a drug felony if the defendant knowingly gives substances legal or illegal to another person to aid in the commission of another felony.
NRS 200.405 states that “unless a greater penalty is provided a person who administers to another person any chloroform, ether, laudanum or any controlled substance, anesthetic, or intoxicating or emetic agent, with the intent thereby to enable or assist himself or herself or any other person to commit a felony is guilty.”
In general language, it is illegal to dope someone to get him/her to commit a felony with you or for you or to make it easier for you to commit a felony against the drugged person.
For example: Steve gives Samantha a drug-laced drink and Samantha passes out. While Samantha is passed out from the drugs and drink, Steve commits a robbery against Samantha and takes all her valuables from her home. Steve would be considered guilty because Steve had the intent to steal from Samantha. It wouldn’t matter if Steve succeeded or not, he had intent. Even if Samantha took the drugs or drank voluntarily, Steve would still be considered guilty because of intent.
Being convicted of NRS 200.405 is punishable by up to 1-10 years in state prison. If the underlying felony includes charges such as date rape then you may have to register as a tier 1 sex offender.
A plea bargain or a reduced sentence is always a possibility if you hire the right defense team. A good defense team like The Defenders can use several defenses based on evidence:
There Was No Intent to Commit a Crime
There was no intent to commit a crime if, for example, Angie gives her friend Mia some Meth and while Mia is high on Meth Angie instructs Mia to steal perfume she wanted from the beauty supply store. Angie would not face felony charges since stealing is not a felony. She may face other charges of being under the influence of drugs, petty larceny (stealing), and, possibly a conspiracy charge but that is highly unlikely.
Intent in a crime is one of the hardest things for the D.A to prove since there is no physical proof, only communication, and witness statements.
The Drugs Were Not Illegal
Giving someone an aspirin, vitamin , or even a workout supplement is not illegal under the law. If you give someone these things even though a person might have an adverse reaction you are not considered guilty of NRS 200.405 because these are not illegal substances. Even if the person you gave them too commits a felony it will not be something you can be held accountable for.
The Drugs Were Not Meant to Be Taken as Part of a Crime
To be guilty of administering drugs to aid in a felony The purpose of taking or giving the drugs must be to enable a felony to occur. If a person takes drugs just to take drugs and a felony occurs, one has nothing to do with the other and it is just a coincidence.
For example, Joe was at his friend Larry’s New Year’s Eve party and gave Larry some Molly. Larry took one but sold all the others to his party guests. Joe is not guilty of administering drugs to aid in a felony because even though drug sales are a felony by Larry, Joe did not intend for Larry to commit a felony. Joe may be guilty of selling or giving away controlled substances
The Defendant Was Not the One Who Administered the Drugs
Maybe it’s mistaken identity or maybe the other person involved in the felony wants to pin the crime on another person, they may name someone who wasn’t even involved to maybe get a plea deal or a reduced sentence. This is a scary scenario and it happens all the time.
All these are possible defenses against prosecution of the felony of administering drugs to aid in the commission of a felony. A good defense will investigate the charges and determine what is the best defense to get the outcome you deserve.
Call The Defenders today for a free case review.
If you have been arrested in Nevada for a drug crime including NRS 200.405 Administering Drugs to aid in the commission of a felony call the best defense team in Las Vegas, call The Defenders team today.
People forget that being a legal alien to the United States comes with special circumstances. If you are convicted of a crime and the judge feels it is a crime of moral turpitude or in Nevada an offense where a person acts with malicious intent such as: committing a violent crime, a sex offense , fraud and/or theft, you may be deported to your home country after serving your sentence.
Some D.A ‘s are willing to work with the defense to change the charges or reduce them to charges that are not deportable. Defendants with a green card or alien status should always retain an experienced defense team since there is the extra layer of deportation that may occur.
Since NRS 200.405 is a felony, records cannot be sealed for 5 years after the case has been closed. If however the defendant was also convicted of a sex crime the records can never be sealed and the defendant will have to register as a tier 1 sex offender.
If your defense team is able to get the charges reduced to a misdemeanor then the waiting period is only one year after the case ends to seal the records.
If your case is dismissed, this means that there is no conviction there is no waiting period to seal the records.
That’s why hiring a good defense team can be invaluable, having records sealed can mean the difference between getting a job and not or even buying a home can be based on a background check.
Many crimes are charged with multiple other offenses; the idea is to make something stick to get a conviction. You may have been charged with the NRS 200.405 the administration of drugs to aid in committing a felony but the prosecutor may also charge you with other felonies that are part of or related to your charge.
For example you may be charged with the related offense of drug possession (NRS 453.336) because even though you have been charged with the NRS 220.405 felony you would have also had a controlled substance in your possession. This charge’s penalties depend on the types of illegal substance you had and if you have any prior convictions.
Criminal Attempt is another related offense to consider. NRS 193.330 is the offense of “making an overt act to commit a criminal offense even if you fail to actually carry out the crime” The penalty will depend on the crime you were trying to commit.
Why Should You Hire Our Las Vegas Criminal Defense Attorney’s
If you have been charged with a crime in Las Vegas you could be looking at prison time and navigating the court system can be confusing and if not done correctly can lead to a conviction, longer sentences and higher fines.
A good defense team will investigate your criminal charges and use investigative tools to come up with a strategic defense. In some cases, your defense attorney may be able to get the charges reduced or dismissed. If the charges get reduced you may be sentenced to something other than jail time and an attorney can get the fines reduced as well.
Defense lawyers spend a lot of time in the county courthouse and have spent years creating relationships with the District Attorneys and prosecutors’ office. These relationships can help when it comes to making a plea deal offer or getting charges reduced. Your defense team should be a law firm that is established in the community with years of experience under their belt.
The Defenders has been in Las Vegas for many years and has won countless cases with dismissals or reduced charges.
Call The Defenders today.