Top Las Vegas criminal defense attorney explains how gang affiliations can substantially increase a defendant's prison sentence in Nevada.
More info @ https://www.shouselaw.com/nevada/gang-crimes.html or call Las Vegas Defense Group, LLC, for a FREE consultation at 702-DEFENSE (702-333-3673).
WHAT IS NEVADA'S "GANG ENHANCEMENT" LAW?
People who commit felonies in Nevada as part of a gang activity face an additional criminal sentence of 1 - 20 years in Nevada State Prison. So for example if someone is sentenced for assault with a deadly weapon in Nevada, that person may have to serve an additional prison sentence if the assault was done in furtherance of gang activity.
GANG ACTIVITY AS AN ENHANCED PENALTY IN NEVADA
Under NRS 193.168, a person who knowingly commits a felony for the benefit of, at the direction of, or in affiliation with a criminal gang, with the specific intent to promote, further or assist the activities of the criminal gang, will receive an additional prison sentence in Nevada.
Note that committing a felony in Nevada as part of a gang is not a crime in and of itself . . . rather it is an "enhancement" of the underlying felony. The enhancement sentence is then added to the sentence for the underlying felony in Nevada.
PENALTIES FOR "GANG ENHANCEMENT" IN NEVADA
Nevada courts impose two prison sentences when a defendant is convicted for committing a felony as part of a gang: A sentence for the underlying felony, and an additional sentence for gang affiliation. These two sentences run concurrently (one after another) in Nevada.
The enhanced sentence for gang activity may be from 1 - 20 years in Nevada State Prison. However this "gang enhancement" sentence may be no longer than the sentence for the underlying crime in Nevada. For example:
Jack is convicted of committing burglary with his gang. He is sentenced to 1 year for the burglary. Therefore his additional sentence for acting as part of a gang may be no longer than 1 year. So Jack's total sentence would be 2 years in Nevada State Prison.
Nevada judges consider the following factors when deciding the length of a "gang enhancement" sentence:
• The circumstances of the underlying crime
• The defendant's criminal history
• How the crime affected the victim (if any)
• Any mitigating factors the defendant presents
• Any other relevant facts
LAS VEGAS DEFENSE GROUP, L.L.C.:
Our criminal defense attorneys at Las Vegas Defense Group, L.L.C., represent clients all throughout Nevada including Las Vegas, Henderson, Washoe County, Reno, Carson City, Laughlin, Mesquite, Bunkerville, Moapa, Nye County, Elko, Pahrump, Searchlight, Moapa Valley, Goodsprings, Boulder City, North Las Vegas, Beatty, and Tonopah.
Our offices are located in Las Vegas and Reno:
2970 W. Sahara Ave.
Las Vegas, NV 89102
200 S. Virginia St. 8th floor
Reno, NV 89501
Learn more at https://www.shouselaw.com/nevada. Or call 702-DEFENSE (702-333-3673).