Criminal Defense Laws in Nevada

Criminal Defense Law in Nevada: Overview

Nevada has undergone significant criminal justice reform in recent years, including landmark changes to drug possession laws and record sealing procedures. The state uses the term DUI and has a seven-year lookback period for repeat offenses. Nevada was an early adopter of recreational marijuana legalization in 2016. The state follows a stand your ground doctrine with no duty to retreat and has a strong castle doctrine. Nevada retains the death penalty for first-degree murder with aggravating circumstances. The state uses a category system for felonies (A through E) with corresponding sentence ranges. Nevada replaced traditional expungement with a record sealing process and has made it increasingly accessible. AB 236, passed in 2019, was a comprehensive criminal justice reform package that reclassified many drug offenses and expanded diversion programs.

Key Statutes & Deadlines

DUI Laws and Penalties

Nevada uses a seven-year lookback for DUI offenses. A first DUI is a misdemeanor carrying 2 days to 6 months in jail (or 24-96 hours of community service in lieu of jail), a $400-$1,000 fine, and attendance at DUI school and a victim impact panel. A second DUI within seven years carries 10 days to 6 months in jail, a $750-$1,000 fine, and a one-year license revocation. A third DUI within seven years is a Category B felony carrying 1-6 years in prison and a $2,000-$5,000 fine. DUI causing death or substantial bodily harm is a Category B felony regardless of prior offenses, carrying 2-20 years in prison. Nevada's legal BAC limit is 0.08% for adults, 0.04% for commercial drivers, and 0.02% for drivers under 21. Nevada also criminalizes driving under the influence of marijuana and other controlled substances, with per se limits for THC in the blood.

Stand Your Ground and Castle Doctrine

Nevada is a stand your ground state. Under NRS § 200.120 and NRS § 200.275, a person has no duty to retreat before using deadly force in self-defense if they are not the original aggressor and are in a place where they have a right to be. Justifiable homicide is permitted to protect against an imminent threat of death or substantial bodily harm, or to prevent a violent felony such as robbery, sexual assault, or home invasion. The castle doctrine is implicitly recognized through case law and provides strong protections for the use of force within the home. Nevada law also provides civil immunity for justified uses of force. The 2011 amendments to NRS § 200.120 strengthened the no-duty-to-retreat rule and clarified that the right to stand your ground applies in all locations where a person is lawfully present.

Drug Possession Reform Under AB 236

Nevada passed AB 236 in 2019, one of the most significant criminal justice reform packages in the state's history. The law reclassified simple drug possession from a felony to a misdemeanor for first and second offenses for most controlled substances. Previously, possession of any amount of a Schedule I or II controlled substance was a Category E felony. Under the reformed law, first and second possession offenses are misdemeanors punishable by up to 6 months in jail and a $1,000 fine, with a presumption of probation and referral to treatment. A third possession offense within seven years remains a Category E felony carrying 1-4 years in prison. AB 236 also expanded earned credit programs in prison, reformed parole practices, and reclassified various property crimes. The law was projected to save Nevada hundreds of millions of dollars in incarceration costs.

Nevada Court System

Nevada's criminal courts include Justice Courts, Municipal Courts, and District Courts. Justice Courts handle misdemeanor trials and felony preliminary hearings in unincorporated areas. Municipal Courts handle misdemeanor and gross misdemeanor cases within city limits. District Courts have general jurisdiction over all felony cases and gross misdemeanor trials. Nevada has 11 judicial districts. The Nevada Court of Appeals, established in 2015, hears certain criminal appeals as assigned by the Nevada Supreme Court. The Nevada Supreme Court is the court of last resort and hears appeals involving death sentences and other serious matters directly. Grand jury indictment is available but most felony cases proceed by information after preliminary examination.

Damages & Penalties

Nevada classifies felonies into five categories. Category A felonies include murder and carry life in prison with or without parole, or the death penalty for first-degree murder with aggravating factors. Category B felonies carry 1-20 years in prison depending on the offense (specific ranges set by statute). Category C felonies carry 1-5 years and up to $10,000 fine. Category D felonies carry 1-4 years and up to $5,000 fine. Category E felonies carry 1-4 years and up to $5,000 fine, with a presumption of probation for first offenders. Gross misdemeanors carry up to 364 days in jail and a $2,000 fine. Misdemeanors carry up to 6 months and a $1,000 fine. Nevada also imposes additional penalties for gang-related offenses, crimes against the elderly, and offenses involving firearms.

Recent Legislative Changes

AB 236 (2019) was a landmark criminal justice reform that reclassified drug possession, expanded earned credits, and reformed parole. Nevada has continued to expand record sealing access, including legislation making certain dismissed cases and acquittals eligible for immediate sealing. In 2021, Nevada passed AB 116, which reclassified low-level drug possession offenses further and created automatic record sealing for marijuana offenses that are no longer criminal. The state has also expanded its specialty court system, including drug courts and mental health courts, and increased investment in pretrial diversion programs. Nevada continues to debate death penalty reform and has not carried out an execution since 2006.

Frequently Asked Questions