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Nevada's Habitual Offender Laws

In Nevada, you can be charged with a separate crime if you are convicted of three or more subsequent felonies. This means that you may face severe prison sentences in addition to the penalties for your most recent felony crime.

There are three different classes of habitual offenders with their own procedures and consequences: habitual criminals, habitual fraudulent felons, and habitual felons.

The term “habitual offender” applies to those who have been convicted of three of the following serious penalties:

  • Murder
  • Robbery
  • Rape
  • First-degree arson
  • Racketeering
  • 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.