Habitual Criminal – NRS 207.010

Overview

The designation of “habitual criminal” is addressed under Nevada Revised Statute (NRS) 207.010. This law applies to individuals who have been convicted of multiple felonies and establishes enhanced penalties for repeat offenders. Understanding the implications of this statute is crucial for individuals facing multiple charges, their families, and legal professionals involved in criminal defense.

Definition of Habitual Criminal

Under NRS 207.010, a “habitual criminal” is defined as an individual who has been convicted of two or more felonies. Key components of the law include:

1. Prior Convictions: The law considers felony convictions from Nevada or any other jurisdiction. The number and nature of prior offenses will determine the individual’s classification as a habitual criminal.
2. Felony Status: Only felony convictions count toward habitual criminal status. Misdemeanors do not contribute to this designation.
3. Intent to Protect Public Safety: The habitual criminal statute aims to deter repeat offenders and protect the community by imposing stricter penalties on those who repeatedly violate the law.

Legal Requirements for Prosecution

To classify an individual as a habitual criminal under NRS 207.010, the prosecution must prove several elements beyond a reasonable doubt:

1. Existence of Prior Felony Convictions: The prosecution must establish that the accused has two or more prior felony convictions.
2. Notice of Habitual Status: The defendant must have been properly notified of the intention to seek habitual criminal status during the legal proceedings.
3. Connection to Current Charge: The current felony charge must be connected to the defendant’s prior convictions, indicating a pattern of criminal behavior.

Related Offenses

The designation of habitual criminal status can relate to several other offenses, including:

• Recurrent Offenses: Any felony that contributes to the habitual criminal designation will be subject to enhanced penalties.
• Robbery, Assault, and Drug Crimes: These common felonies can lead to habitual status if the individual has multiple convictions in these areas.

Examples of Habitual Criminal Offenses

To illustrate how NRS 207.010 is applied, consider these examples:

• Example 1: An individual with a history of theft convictions is arrested again for burglary. Given their previous felony convictions, they may be classified as a habitual criminal, subjecting them to enhanced penalties.
• Example 2: A person previously convicted of multiple drug offenses faces new charges for possession with intent to distribute. Their habitual status may result in significantly harsher sentencing due to their prior record.

Penalties for Habitual Criminal Status

The penalties for habitual criminals under NRS 207.010 can be severe:

• Enhanced Sentencing: Depending on the number of prior convictions, individuals may face substantial prison sentences:
  • Two Felony Convictions: Typically, individuals may face a minimum sentence of 1 year and a maximum of 6 years for the new felony charge.
  • Three or More Felony Convictions: The penalties increase significantly, often leading to a minimum of 3 years and a maximum of life imprisonment for the current felony charge.
• Impact on Parole: Habitual criminals may face restrictions on parole eligibility, leading to longer incarceration periods.

Defenses Against Habitual Criminal Charges

If you are facing classification as a habitual criminal under NRS 207.010, several defenses may apply:

1. Challenge Prior Convictions: If there is an issue with the validity of one of the prior convictions—such as improper legal representation or a procedural error—this may impact habitual status.
2. Insufficient Evidence of Current Charge: If the prosecution cannot prove the current felony charge, the habitual status may not apply.
3. Lack of Knowledge: If the individual was not properly notified of their habitual status during the current legal proceedings, this may be a defense against enhanced penalties.
4. Mitigating Circumstances: Presenting evidence of rehabilitation or mitigating factors related to the current charge may lead to reduced penalties.

The Importance of Legal Representation

Navigating the complexities of habitual criminal charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling habitual criminal cases equips him to provide a robust defense against charges under NRS 207.010.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving habitual criminal status.

Understanding Your Rights

If you are accused of being a habitual criminal, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against habitual criminal charges under NRS 207.010 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.