Getting convicted of a third or subsequent felony is considered its own
separate crime in Nevada, punishable by harsh prison sentences that a
defendant may serve in addition to penalties for the underlying felony.
There are three different classes of habitual offenders with their own
procedures and consequences: habitual felons, habitual fraudulent felons,
and habitual criminals.
The term “habitual offender” applies to those who have been
convicted of three of the following serious penalties:
- First-degree arson
- Human trafficking
- Child pornography
- Using or possessing explosives during a commission of a felony
- Vehicular homicide
- DUI causing death
- Any attempted category A felony
A conviction for being a habitual felon is considered a category A felony,
which is punishable by a life sentence without the possibility of parole,
a life sentence with a possibility of parole after 10 years, or 25 years
in prison with the possibility of parole after 10 years.
Habitual fraudulent felons apply to those who have been convicted of three
fraud crimes where: “intent to defraud” is an element of the
crime and the fraud victim was a person 60 years of age or older, or a
person with a mental or physical disability. Being a habitually fraudulent
felon is a category B felony, which is punishable by a prison sentence
ranging from five to 20 years.
Habitual criminals are considered those who have been convicted of any
three felonies. If a defendant gets convicted of a felony and has been
previously convicted of two other felonies, it is a category B felony.
However, if a defendant has three previous felonies, then it is a category A felony.
If you were arrested and charged with a criminal offense in Nevada,
schedule a free consultation with our Las Vegas
criminal defense attorney at the
Law Office of David R. Fischer today.