Nevada Criminal Code – Part II: Gross Misdemeanors and Misdemeanors
In our previous post on the Nevada criminal code, we reviewed the constitutional basis of the criminal code as contained in the Fifth Amendment to the U.S. Constitution. We found Nevada’s criminal code divides punishments into three categories: felonies, gross misdemeanors and misdemeanors, and discussed the categories of various felonies as contained in NRS Title 15. This post will complete that process by showing examples of gross misdemeanors and misdemeanors, and the punishments associated with each.
Gross misdemeanors include open or gross lewdness; indecent exposure; first or second offense stalking; false imprisonment; unlawful use of a hotel key; carrying a concealed weapon; crimes against government properties with damage from $250 to $5,000.
Punishments for gross misdemeanors are imprisonment in the county jail for no more than 364 days, a fine up to $2,000, or both, unless the statute in force at the time of the commission of the gross misdemeanor prescribed a different penalty.
Misdemeanors include: traffic tickets; trespassing; assault without a deadly weapon; battery without a deadly weapon; first or second domestic violence battery with no injuries, deadly weapon or strangulation; prostitution; petit larceny; shoplifting less than $650; jaywalking; first or second DUI with no injuries; vandalism; resisting arrest; operating a business without a license.
Punishments for misdemeanors are imprisonment in the county jail for no more than six months, a fine up to $1,000, or both, unless the statutes in force at the time of the commission of the misdemeanor prescribed a different penalty.
It is important to note with misdemeanors that you do not have the right to a jury trial. The judge, or Justice of the Peace, will hear your case, pass judgment and impose penalties in misdemeanor trials. Use of a Public Defender in Misdemeanor trials requires the defendant to pay a fee.
Effects of Misdemeanor and Gross Misdemeanor Convictions
Even though gross and ordinary misdemeanor convictions are considered lesser infractions of the criminal code, they can still carry incarceration terms and fines. In addition, convictions may require additional penalties such as restitution and community service.
Most importantly, these convictions remain on your record and, in most cases, cannot be sealed for up to seven years, although statutes may provide for lessor periods depending on the infraction. These convictions can be found through most background checks used by potential employers. This can directly affect your ability to obtain employment and professional licenses. The best course is to avoid the convictions whenever possible.
The Defenders can assist you
Our attorneys are skilled and experienced criminal lawyers. They know the laws and they know the court system and can establish a defense against these infractions, which will increase your chances of a not guilty verdict. Contact us today to discuss your potential case, at (702) 333-3333.