Las Vegas Misdemeanor Defense Attorney

Understanding Nevada's Misdemeanor Offenses

There are two types of misdemeanors in Nevada: misdemeanors and gross misdemeanors. 

A misdemeanor carries a maximum six-month sentence in county jail and/or a fine of up to $1,000. While the court may sentence a person to probation and up to 200 hours of community service, some penalties require a minimum jail term and additional penalties.

Common examples of misdemeanors in Nevada include:

• First or second DUI
• Simple assault
• Simple battery
• Traffic tickets
• Reckless driving
• Domestic violence with no injuries, a deadly weapon, or strangulation
• Shoplifting or petit larceny
• Jaywalking
• Vandalism
• Using a fake ID to purchase alcohol
• Resisting arrest

A gross misdemeanor is more serious than a simple misdemeanor but not as serious as a felony. This type of misdemeanor is punishable by a county jail sentence of up to 364 days and/or a maximum fine of $2,000.

The following are common examples of gross misdemeanors in NV:

• Open or gross lewdness
• Indecent exposure
• False imprisonment
• Stalking
• Carrying a concealed weapon
• Unlawful use of a hotel key
• Crimes against government property, causing damage costing between $250 and $5,000

Furthermore, there are some offenses known as “wobblers,” which are crimes that can be charged as either a gross misdemeanor or a lower-level felony. The prosecution has the authority to decide whether to charge a defendant with a misdemeanor or a felony.

Although anyone who is convicted of a misdemeanor in Nevada is eligible for record sealing, qualified individuals must wait between a year and even seven years to seal their convictions. When a criminal record is sealed, a conviction will not appear on background checks.

Some misdemeanor defendants are eligible for “diversion” programs, which allow them to complete certain conditions in exchange for a dismissal. Common conditions include counseling, educational classes, community service, restitution, and rehab.

Understanding Long-Term Impacts of a Misdemeanor Conviction With Our Misdemeanor Attorney in Nevada

The effects of a misdemeanor conviction in Las Vegas can extend well beyond the courtroom. For many, the immediate consequences of jail, fines, or probation are only the start of long-term challenges. A criminal record may affect your ability to find work, especially for jobs that require a background check, licensing, or fiduciary duties. Some colleges and universities may also consider criminal history during admissions or when assigning housing.

Additionally, landlords and property managers often screen rental applicants by searching court records or criminal databases. A conviction for even a minor offense may prompt a denial or increased deposit, especially in cities with competitive housing markets like Las Vegas. Misdemeanor convictions involving violence, theft, or fraud are more likely to affect your professional and financial opportunities.

Certain misdemeanor offenses, such as those involving domestic violence or alcohol, may trigger additional restrictions under federal or state law, such as limits on firearm ownership or participation in some government programs. If you are concerned about these potential outcomes, a knowledgeable misdemeanor attorney in Las Vegas who handles cases throughout Clark County can guide you on options for record sealing and how to minimize collateral damage to your reputation and livelihood.

Defenses for Misdemeanor Charges

While misdemeanor charges can carry serious penalties, there are several common defenses that can be used to challenge the accusations:

• Lack of Evidence: If the prosecution cannot provide sufficient evidence to support the charges, a misdemeanor attorney in Las Vegas may be able to have the case dismissed. This could involve challenging the credibility of the evidence, such as eyewitness testimony or physical evidence.
• Mistaken Identity: In some cases, a person may be falsely accused of committing a misdemeanor crime. Mistaken identity can be a viable defense, especially if you can show that you were not present at the scene or that the circumstances do not match your involvement.
• Self-Defense: In cases involving battery or assault, a self-defense argument can be used if you can show that you were acting to protect yourself from harm. A skilled defense attorney can present evidence of the altercation and argue that your actions were reasonable under the circumstances.
• Unlawful Search and Seizure: If you were arrested without probable cause or if law enforcement conducted an illegal search, any evidence gathered during the arrest may be inadmissible in court. A Las Vegas misdemeanor defense lawyer can file a motion to suppress evidence based on unlawful search procedures, which may lead to the dismissal of charges.
• Entrapment: If law enforcement officers induced you to commit the crime, this could be grounds for an entrapment defense. Your attorney can investigate whether the authorities played a role in prompting you to commit the alleged misdemeanor.

Obtain Experienced Legal Representation Today!

Whether you are facing a misdemeanor or a gross misdemeanor, let our firm defend you inside and outside the courtroom. Attorney Pariente personally handles all our cases, rather than an inexperienced associate lawyer. Do not hesitate to get an experienced attorney on your side from start to finish.

Frequently Asked Questions

Can I Seal a Misdemeanor Conviction in Nevada?

Yes, many misdemeanor convictions in Nevada are eligible for record sealing. The waiting period ranges from one to seven years after the case closes, depending on the offense. Once sealed, the conviction will not appear in most background checks.

Does a Misdemeanor Affect My Immigration Status?

Some misdemeanors can impact immigration status, particularly if they involve crimes of moral turpitude or domestic violence. Always consult with a misdemeanor attorney in Las Vegas if you are not a U.S. citizen and face any criminal charge in the area.

Will I Have to Go to Court for a Misdemeanor in Las Vegas?

Most misdemeanor cases require at least one court appearance in person, but in some situations, an attorney can appear on your behalf. The option depends on the charge, court rules, and local procedures. Missing a required appearance without approval can result in a warrant for your arrest.

Contact us today at (702) 466-1871 to speak with our Las Vegas misdemeanor defense lawyer.