Misdemeanor and Gross Misdemeanor Crimes in Nevada

In Nevada, criminal offenses fall into three main categories: felonies, gross misdemeanors, and misdemeanors. Although misdemeanors are the least severe type of offense, both misdemeanor and gross misdemeanor charges can carry significant consequences. These include fines, jail time, and the long-term effects on personal and professional life. Understanding the differences between these charges and their potential escalation can help individuals navigate the legal process.

At Hofland & Tomsheck, Josh Tomsheck, a board-certified criminal defense attorney, offers experienced representation for those facing misdemeanor and gross misdemeanor charges. He provides comprehensive legal strategies to protect clients’ rights, no matter the offense’s severity.

What is a Misdemeanor in Nevada?

A misdemeanor is the least serious type of criminal offense under Nevada law. Despite being considered less severe than felonies, a conviction can result in jail time, fines, and a permanent criminal record. While misdemeanors typically do not result in a loss of civil rights (such as voting or gun ownership), they can still negatively impact employment, housing, and personal relationships.

Penalties for Misdemeanors:

• Jail Time: Up to 6 months in county or city jail
• Fines: Up to $1,000
• Other Penalties: Community service, restitution, mandatory counseling, or probation

Examples of Misdemeanor Offenses:

1. Petty Theft (NRS 205.240): Theft of property valued under $1,200, considered a misdemeanor for first-time offenders.
2. Disorderly Conduct (NRS 203.010): Engaging in violent, offensive, or disruptive behavior that disturbs the peace.
3. Trespassing (NRS 207.200): Unauthorized entry onto another’s property, whether for a brief or extended period.

Enhanceable Misdemeanors

Some misdemeanors can escalate into gross misdemeanors or felonies with repeat offenses. These enhanceable misdemeanors include:

Battery Domestic Violence (BDV) (NRS 200.485)

• First and second offenses within seven years are misdemeanors.
• A third offense within seven years escalates to a felony.
• Penalties for First Offense BDV: Up to 6 months in jail, fines up to $1,000, and mandatory domestic violence treatment.

Driving Under the Influence (DUI) (NRS 484C.400)

• First and second DUI offenses are typically misdemeanors.
• A third offense within seven years becomes a Category B felony.
• Penalties for First-Offense DUI: 2 days to 6 months in jail, fines between $400 and $1,000, and mandatory DUI education programs.

What is a Gross Misdemeanor in Nevada?

A gross misdemeanor is more serious than a standard misdemeanor but still considered less severe than a felony. Gross misdemeanors carry harsher penalties, including longer jail sentences and higher fines. While gross misdemeanors do not involve state prison sentences, defendants can face up to a year in local county jail.

Penalties for Gross Misdemeanors:

• Jail Time: Up to 364 days in county jail
• Fines: Up to $2,000
• Other Penalties: Probation, house arrest, or mandatory counseling

Examples of Gross Misdemeanor Offenses:

1. Open or Gross Lewdness (NRS 201.210): Engaging in indecent conduct in public. Repeat offenses can escalate to a felony.
2. Possession of Burglary Tools (NRS 205.080): Having tools intended for use in committing a burglary.
3. Unauthorized Use of a Vehicle (NRS 205.2715): Taking or using a vehicle without the owner’s consent but without the intent to permanently deprive them of it.

Differences Between Misdemeanors and Gross Misdemeanors

The key differences between misdemeanors and gross misdemeanors lie in the potential penalties and the severity of the offense. Gross misdemeanors often involve greater harm or intent and carry higher fines and longer jail sentences.

• Penalties: Misdemeanors are punishable by up to 6 months in jail and fines up to $1,000, whereas gross misdemeanors can result in up to 364 days in jail and fines up to $2,000.
• Severity: Gross misdemeanors involve more serious offenses than standard misdemeanors and carry greater consequences.
• Escalation: Many misdemeanors, particularly enhanceable misdemeanors like BDV and DUI, can escalate to gross misdemeanors or felonies if committed repeatedly or under aggravated circumstances.

Even though misdemeanors and gross misdemeanors carry lesser penalties than felonies, the long-term consequences—such as having a criminal record—can still be life-altering. This is why it’s essential to work with an experienced criminal defense attorney who can help reduce or avoid these penalties.

How Attorney Josh Tomsheck Can Help

If you are facing misdemeanor or gross misdemeanor charges, it’s crucial to understand that these offenses, while not as severe as felonies, can still have serious consequences. A conviction can result in jail time, substantial fines, and a permanent criminal record that may impact future employment and personal opportunities. Additionally, some misdemeanors, such as BDV and DUI, can escalate into felonies with repeat offenses, increasing the stakes significantly.

As a nationally board-certified criminal defense attorney and former Chief Deputy District Attorney, Josh Tomsheck has the expertise and experience to defend against misdemeanor and gross misdemeanor charges. He will work tirelessly to explore every avenue for reducing charges, securing probation, or fighting for an acquittal at trial.

At Hofland & Tomsheck, Josh Tomsheck has successfully represented countless clients facing misdemeanor and gross misdemeanor charges. Whether you’re dealing with a first-time misdemeanor or a more serious gross misdemeanor charge, Josh can help safeguard your rights and mitigate the impact on your life.

If you or a loved one has been charged with a misdemeanor or gross misdemeanor in Nevada, contact Josh Tomsheck at Hofland & Tomsheck today. With a proven track record and a client-focused approach, Josh is dedicated to achieving the best possible outcomes for his clients. Call 702-895-6760 now for a consultation and let Josh Tomsheck help build a strong defense for your case.