Administering Drugs or Controlled Substances to Aid in the Commission of a Felony or Violent Crime – NRS 200.405 & NRS 200.408

Overview

In Nevada, administering drugs or controlled substances to facilitate the commission of a felony or violent crime is a serious offense. Under NRS 200.405 and NRS 200.408, this crime involves using drugs or other substances to incapacitate or influence another person to commit a crime. The statutes reflect the state’s stringent stance on drug facilitation and violent crimes, recognizing the significant danger and harm such actions pose.

Elements of the Crime

To secure a conviction under NRS 200.405 or NRS 200.408, the prosecution must prove the following elements beyond a reasonable doubt:

1. Intentional Administration: The accused must have administered or caused to be administered a drug or controlled substance with the specific intent to facilitate the commission of a felony or violent crime.
2. Use of Drugs or Substances: The drugs or substances were used to impair the victim’s ability to resist or participate in the crime. This includes any action that makes the victim more vulnerable to criminal activity.
3. Connection to the Crime: The administration of the drug or substance must be directly linked to the commission of the felony or violent crime. This means that the drug use was a contributing factor in enabling or facilitating the crime.

Related Offenses

Other related offenses that often intersect with charges under NRS 200.405 and NRS 200.408 include:

1. Sexual Assault – NRS 200.366: Administering drugs to incapacitate a victim for the purpose of committing sexual assault.
2. Robbery – NRS 200.380: Using drugs to facilitate the commission of robbery or theft.
3. Kidnapping – NRS 200.310: Drugging a victim to facilitate their abduction or unlawful detention.
4. Battery – NRS 200.481: Drugging a person to weaken their ability to resist physical harm or assault.

Examples

1. Example 1: Alex administers a sedative to Jamie at a party to make Jamie more compliant. While Jamie is incapacitated, Alex proceeds to steal Jamie’s personal belongings. Alex could be charged under NRS 200.405 for administering the drug to facilitate the theft.
2. Example 2: Samantha gives a drug to her partner without their knowledge, making them unable to resist or remember a violent assault that follows. Samantha could face charges under NRS 200.408 for drugging someone to facilitate a violent crime.
3. Example 3: In a scenario where a person administers drugs to another to prevent them from resisting during a robbery, the perpetrator could be charged under NRS 200.405 if the drugging was intended to aid in the commission of the robbery.

Defenses to Administering Drugs to Facilitate a Crime

Defending against charges under NRS 200.405 and NRS 200.408 involves several potential strategies:

• Lack of Intent: It must be shown that the accused did not have the intent to facilitate a crime through drug administration. If the drug was administered for a legitimate medical or non-criminal purpose, this could be a viable defense.
• Consent: If the victim had consented to the administration of the drug, this could impact the case. However, proving consent in cases involving violent crimes or felonies may be complex.
• Insufficient Evidence: Challenging the prosecution’s evidence is crucial. This includes questioning the accuracy of drug tests, the credibility of witnesses, and the connection between the drug administration and the alleged crime.
• False Accusation: If the charges stem from a false allegation, demonstrating that the accusation is untrue or motivated by ulterior motives can lead to dismissal of the case.

Potential Penalties

The consequences of a conviction under NRS 200.405 or NRS 200.408 are severe:

• Felony Classification: Both statutes classify the offense as a Category B felony. Conviction can result in imprisonment ranging from 2 to 15 years and significant fines up to $10,000.
• Additional Consequences: Beyond imprisonment and fines, convicted individuals may face other long-term impacts, such as registration as a sex offender if the crime involved sexual violence, and substantial difficulties in various aspects of life, including employment and personal relationships.

Criminal Defense for Administering Drugs to Facilitate a Crime

Joshua Tomsheck is an experienced criminal defense attorney who has handled a wide range of cases from minor offenses to serious felonies. His expertise includes defending against charges related to administering drugs or controlled substances. With a strategic approach and deep knowledge of criminal law, Josh provides robust defense strategies to challenge and counter these serious allegations.

For more information about defending against charges related to administering drugs to facilitate a felony or violent crime in Nevada, contact the law firm of Hofland & Tomsheck. Schedule a consultation with Josh Tomsheck by calling (702) 895-6760. The firm’s office is located at 228 S. 4th Street, First Floor, Las Vegas, NV 89101. Act quickly to ensure you have the strongest defense possible.