NRS 207.010 is Nevada's standard Habitual Criminal Statute. NRS 207.010 provides that if a defendant is convicted of a felony and has two prior felony convictions, he or she may be adjudicated a habitual criminal and a sentence of between five (5) and twenty (20) years may be imposed.
If the defendant is convicted of a felony and has three prior felony convictions, he or she may be designated a habitual criminal and sentenced to the following:
- Life without the Possibility of Parole
- Life with the Possibility of Parole after Ten (10) Years
- Definite term of Twenty-Five (25) Years with the Possibility of Parole after Ten (10) Years
Unlike the infamous California "Three-Strikes" Law, Nevada's standard Habitual Criminal Statute is discretionary. It is within the discretion of the government whether to file the Habitual Criminal allegation. And, it is within the discretion of the judge whether to dismiss the allegation or find the defendant to be a Habitual Criminal. However, the Habitual Criminal statute must be contrasted with Nevada's Habitual Felon law, which is not discretionary.
Nevada Habitual Felon Law
NRS 207.012 is Nevada's Habitual Felon law is also sometimes referred to as the Habitually Violent Felon law. NRS 207.010 states that if a defendant is convicted of one of the listed felonies and has two prior convictions for any felony offense, he or she shall be punished by Life without the Possibility of Parole, Live with the Possibility of Parole after Tem (10) Years, or a definite term of Twenty-Five (25) Years with the Possibility of Parole after Ten (10) Years.
The felonies that qualify for Habitual Felon treatment include:
- Procuring the Conviction and Execution of an Innocent Person by Perjury
- Solicitation for Murder
- Murder
- Kidnapping
- Aiding and Abetting Kidnapping
- Sexual Assault
- Robbery
- Willful Administration of Poison
- Battery with Intent to Kill or Commit Sexual Assault
- Death by Duel
- Challenge to Fight Causing Death
- False Imprisonment by a Prisoner with a Deadly Weapon
- Involuntary Servitude
- Recruiting, Harboring or Transporting a Person to be held in Involuntary Servitude
- Assuming Right of Ownership over Another Person
- Trafficking in Persons for Financial Gain
- Trafficking in Persons for Illegal Purposes
- Child Abuse or Neglect with Substantial Bodily Harm caused by Sexual Abuse or Exploitation on a Child under Fourteen (14)
- Unlawful Use of A Minor in Pornography
- Promotion of a Sexual Performance of a Minor
- Lewdness with a Minor under Fourteen (14)
- Sexual Penetration of a Dead Body
- Willful Adulteration of Food, Water or Medicine
- Transportation or Receipt of Explosives for Unlawful Purpose Causing Substantial Bodily Harm
- Use or Possession of Explosives During Commission of a Felony, Second Offense
- Use of Explosives to Damage or Destroy Property Causing Substantial Bodily Harm
- Use of Explosives to Damage or Destroy a Building, Vehicle or Real Property Knowing or Having Reason to Know that a Person is Inside
- First-Degree Arson
- Burglary in Possession of a Deadly Weapon
- Home Invasion in Possession of a Deadly Weapon
- Burglary with Explosives
- Racketeering
- Escape of a Prisoner with a Dangerous Weapon or Hostages
- Escape of a Prisoner Causing Substantial Bodily Harm
- Unlawfully Allowing Children to be Present During Certain Drug Offenses
- Making Available Controlled Substances Resulting in Death
- Vehicular Homicide while Driving Under the Influence
- Driving under the Influence Causing Death or Substantial Bodily Harm
- Leaving the Scene of an Accident Involving Death or Bodily Injury
If you or someone you know is charged with a felony and has prior felony convictions, it is critical that you contact a knowledgeable and experienced Las Vegas Criminal Defense Attorney right away. A Las Vegas Criminal Defense Lawyer can analyze the facts of your case, review your prior convictions to determine if they qualify under a habitual criminal allegation and advise you on how best to proceed. Our firm can also provide you with an aggressive criminal defense and protect your legal rights.
Contact us today to learn more about your charges!