In Nevada, misdemeanor charges are considered less serious than felony ones. Nevada takes all criminal charges seriously, and a conviction can permanently stain your record. Navigating the Nevada criminal justice system can be difficult once you have been arrested for a misdemeanor offense.
Fortunately, a bail bondsman can help you secure your release, provide financial relief, and ensure you comply with court requirements. Their expertise can help you make informed decisions that will help you navigate your legal challenges.
Below are some frequently asked questions and answers about Nevada misdemeanor charges:
What Is Considered a Misdemeanor Offense in Nevada?
According to Nevada law, misdemeanors are the least severe violations. Misdemeanor offenses carry significantly lesser consequences than felonies, which include more serious offenses.
What Are The Consequences Of Misdemeanor Convictions?
In Nevada, misdemeanors are divided into two categories. The potential punishments vary depending on the misdemeanor with which you have been charged. The two misdemeanor categories and their respective consequences are:
Misdemeanor
A simple misdemeanor charge can result in up to six months in prison and a maximum fine of $1,000.
Gross Misdemeanors
Gross misdemeanors are regarded as the more severe of these two categories. They are punishable by a maximum of 364 days in a county jail and a maximum fine of $2,000. If the offense was perpetrated on school grounds, inside a school bus, or during a school-funded activity, the convicted defendant must serve no more than 15 days in jail.
What Are Some Examples Of Common Misdemeanor Offenses?
Below are some examples of common misdemeanors perpetrated in Nevada:
- Driving under the influence of alcohol or drugs, Nevada Revised Statute (NRS) Section 484C.110
- Shoplifting, NRS 597.850
- Petit larceny, NRS 205.240
- Simple battery, NRS Section 200.481
- Simple drug possession, NRS 453.336
- Trespassing, NRS Section 207.200
- Vandalism, NRS Section 206.310
- Resisting arrest, NRS 199.280
- A first offense of indecent exposure, NRS 201.220
Although these are deemed less serious crimes than felony charges, they are all significant.
What Are Some Examples Of Gross Misdemeanor Offenses?
Nevada classifies certain acts as gross misdemeanor offenses. They may include the following:
- Aiming or firing a firearm at someone, NRS Section 202.290
- Battery or assault against specific groups, such as health care practitioners, law enforcement officers, transit operators, and school staff, NRS 200.481
- Statutory rape (also known as "statutory sexual seduction" under Nevada law), NRS Section 200.368
- False imprisonment without using a lethal weapon, NRS Section 200.460
Some misdemeanors, such as harassment and stalking, are classified as gross misdemeanor offenses for the second offense (if the offender was previously convicted of a similar offense).
How Long Do Misdemeanor Charges Stay on Your Criminal Record?
A misdemeanor conviction remains on your permanent criminal record indefinitely unless you take steps to have it sealed. The waiting period varies depending on the type of misdemeanor conviction. Once a case is closed, the waiting time can range from one to seven years. To have a misdemeanor conviction sealed, you must wait until the case concludes. This means fulfilling all court obligations, including the required waiting period.
Will a Misdemeanor Appear On a Background Check?
Misdemeanors typically appear on a background check, potentially making finding work, renting an apartment, or securing a loan more difficult. The only method to prevent some misdemeanors from appearing on a background check is to have your criminal record sealed.
Can A Misdemeanor Charge Be Expunged Under Nevada Law?
Nevada law prohibits individuals from expunging their minor convictions. However, NRS 179.245 allows individuals to seal their records. Sealing records is different from record expungement. An expungement allows for the destruction of criminal records. On the other hand, sealing records makes them unavailable to the general public but does not grant permission for their destruction.
Should I Have My Nevada Misdemeanor Conviction Sealed?
A misdemeanor conviction, though less serious than a felony, can still negatively impact your career. It may prevent you from obtaining a professional license or other lucrative jobs. If your record is sealed, most employers cannot see the convictions. However, certain companies, such as those in the medical industry, have a legal right to review drug-related convictions.
How Can I Avoid Jail for Misdemeanor Charges?
Nevada courts are more likely to issue rehabilitative penalties for misdemeanors than punitive terms, such as jail time, particularly for first-time offenders. This means you can avoid jail time if you participate in a diversion program or are placed on probation. Your probation will vary depending on the crime charged, but it is usually a year at maximum.
You must follow the probation terms set for your case to be placed on misdemeanor probation. Each case and probation term is unique. However, several basic requirements must be met to avoid jail time:
- Always follow any restraining order measures for your offense
- Complete all community service assignments within the specified time frame
- Pay all penalties, fees, and restitution to the court within the stipulated time frame
- Avoid any additional criminal charges while on probation
- Complete any court-ordered drug or alcohol treatment, ranging from inpatient treatment to alcohol rehabilitation classes
To avoid incarceration, you must complete the probation or diversion program ordered by the court. If you fail to comply with any terms of your probation, you could be sentenced to jail. Violating probation can result in a probation violation charge. The court may then revoke your probation and send you to jail to serve the remainder of your sentence.
Is It Worth Hiring A Defense Attorney For Misdemeanor Charges, Even If They Appear Insignificant?
When confronted with a criminal charge, it is usually advisable to consult a criminal defense attorney. Even seemingly minor charges can have major implications, and having a legal advocate can help you navigate the judicial system and achieve better results.
A skilled defense attorney will evaluate your case, investigate potential defenses, and negotiate with prosecutors for the best possible outcome. Therefore, consulting an attorney is preferable to managing the issue alone. Hiring a skilled defense attorney in Nevada can significantly improve your chances of success in court while protecting your rights during the legal procedure.
Find a Las Vegas Bail Bondsman Near Me
After being arrested for a misdemeanor charge in Las Vegas, you must find a competent bail bonds company to help you post bail. A bail bondsman can help you secure your release swiftly so you can return to your family and daily routines. If you face misdemeanor charges, consult an expert criminal defense attorney to defend you in court. At Express Bail Bonds, we offer reputable bail services in Las Vegas. Contact us at 702-633-2245 to speak with an experienced bail bondsman.