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Criminal Law A to Z
In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Crimes by NRS Section
Every crime in Nevada is based in a section of the Nevada Revised Statutes (NRS). For each crime, our attorneys explain the laws, penalties and best defenses to fight the charge.
Nevada DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
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Post-Conviction
Even if you’ve already been convicted of a crime, there is still much you can do to seal your record and restore your rights. Our attorneys explain how.
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Heroin Laws
# Nevada “Heroin” Laws, Penalties & Best Defenses
Heroin Crimes in Nevada -- 5 Things to Know
**Heroin** is a . Nevada makes it a  to use, possess, sell, or traffic **heroin**.
Most first-time possession cases, however, can be totally dismissed by completing probation. Otherwise, prosecutors may be willing to  charges down to .
The following bubble graph shows the standard prison sentence for first-time heroin crimes in Nevada:
Below our  answer frequently asked questions about **Heroin** crimes in Nevada.
## What are the penalties?
The punishment for heroin crimes depends on the specific charge, as the following table illustrates.1
| **Heroin Crime** | **Nevada Penalties for a 1st-time Conviction** |
| --- | --- |
|   |  (for less than 14 grams): Your case will likely be dismissed if you complete certain court-ordered terms. |
|   | : 1 to 4 years in  (or probation) and up to $5,000 |
|   | : 1 to 5 years in prison (or probation) and up to $10,000 |
|   |  (for 100 to less than 400 grams): 2 to 20 years in prison and up to $100,000 |
|   and  | : Up to 6 months in jail and/or $1,000 |
## What are the defenses?
Here at Las Vegas Defense Group, we have represented literally thousands of people facing drug charges. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting heroin charges lessened or dismissed.
1. **You had no idea the drugs were there**. Perhaps another person planted the drugs in your home or car. Or maybe your roommate kept the drugs there without telling you. If the D.A. cannot show you knew about the drugs, no crime happened.2
2. **Law enforcement entrapped you**. Police are permitted to go undercover, carry out stings, and tell you lies. However, it is illegal for them to threaten or force you into violating a law you were not predisposed to violate. If law enforcement crossed the line, you may be able to get your case dismissed by claiming .3
3. **Law enforcement performed an illegal search**. When police  for evidence, they must get a  if necessary and remain within the bounds of the warrant unless there is a lawful reason not to. If the officers in your case conduct an unlawful search, the judge may agree to  all the evidence that the police found from the search. At that point, prosecutors may be forced to drop your case for lack of proof.
Addiction is not a defense to Nevada drug charges, though addicts may be able to avoid a conviction by doing Drug Court.
## Can I plea bargain?
Prosecutors are often willing to reduce or dismiss criminal charges to avoid trial. With regard to first-time possession charges, the state may grant probation and dismiss the case in exchange for you taking a drug education class or doing  – an intensive rehabilitation program.
Another common scenario is for the D.A. to reduce a felony drug charge to a “catch-all” misdemeanor drug charge abbreviated  (short for “drugs which may not be introduced into interstate commerce”). ITS carries:
* up to 6 months in jail, and/or
* up to $1,000 in fines
With many ITS plea deals, you do no jail and simply pay a fine and take a drug education class.4
## Can I seal my record?
Drug cases are sealable from your Nevada criminal record. As the following table shows, however, there is a wait time unless your case gets dismissed.5
| **Nevada Heroin Conviction** | **Record Seal Waiting Period** |
| Being under the influence or ITS | 1 year after the case closes |
| Simple possession | 2 years after the case closes |
| Possession for sale, selling, manufacturing, transporting, or trafficking | 5 years after the case closes |
| DUI of drugs | 7 years after the case closes |
| Dismissal (no conviction) | Right away (no wait) |
Learn about .
## What if I am not a U.S. citizen?
As a non-citizen in the U.S., you face  if convicted of a heroin crime.6 You should retain an experienced lawyer right away to try to get your charge dropped or changed to a non-deportable offense.
## Related Drug Crimes
See our articles on:
Learn more about .
## Additional Resources
If you or someone you know are struggling with addiction, refer to the following:
*  – 12-step program to overcome drug addiction.
*  – 12-step program for family/friends of addicts.
*  – 24/7 hotline and support.
*  – Find rehabs by address or zip code.
---
#### Legal References:
1. ; ; NRS 453.321; NRS 453.3385; NRS 453.441. .
2.  (“In order to establish that the crime of possession of a controlled substance has been committed, the state must prove beyond a reasonable doubt that the accused had dominion and control of a controlled substance and knowledge of the presence of the controlled substance and of its illegal nature.”).
3.  (“[T]his court held that “[e]ntrapment as a matter of law exists where the uncontroverted evidence shows (1) that the state furnished an opportunity for criminal conduct (2) to a person without the requisite criminal intent.”).
4. .
5. . .
6. (a)(2)(B).
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From the first call this office has been nothing but welcoming and supportive. Yuritza has gone above and beyond with all of my needs and getting everything ready for my amazing, funny and Smart Case manager Christopher Joya. The office is beautiful 😍 organized and can I say squeaky clean. Oh they offer you snacks too while waiting. Can we talk about hospitality. I 100% recommend this Amazing group.
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### We Can Help You Fight Back
Being accused of a crime, or arrested, does not necessarily mean you will be convicted. Our Las Vegas criminal defense lawyers have helped many people avoid conviction, avoid jail, and keep their records clean.
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                !            »  » Hitting a Pedestrian
# Hitting a Pedestrian in Nevada – When is it a criminal offense?
In Nevada, there are several different **crimes** you can be charged with if you hit or run over a pedestrian with your vehicle. The specific offense will depend on:
* The circumstances of the accident,
* The injuries to the pedestrian,
* Whether you were under the influence,
* Your prior criminal record (if any), and
* What you did after the accident.
Statistically speaking, **Nevada is one of the most dangerous places for pedestrians**.1 In addition to facing criminal charges, if you hit a pedestrian in Nevada, you could be hit with a  for the costs of his or her medical expenses, lost wages and attorney’s fees.
Let’s take a closer look at some of the specific crimes you might be charged with if you strike a pedestrian with your car in Nevada. Note that these criminal offenses are in addition to any moving violations you may be charged with for an underlying traffic offense.
In addition to facing criminal charges, if you hit a pedestrian in Nevada, you could be hit with a pedestrian accident lawsuit by your victim for the costs of his or her medical expenses, lost wages and attorney’s fees.
## Nevada DUI
If you hit a pedestrian while you are under the influence of alcohol and/or drugs, you can be charged with a , even if:
* The pedestrian wasn’t hurt, or
* Your intoxication wasn’t the cause of the accident.
And if you are legally intoxicated and the pedestrian is seriously hurt or killed, you might be charged . Penalties for DUI in Nevada that results in death or injury can include:
* Up to 20 years in prison, and
* A fine of up to $5,000.
Other consequences of felony DUI in Nevada can include suspension or revocation of your driver’s license and the requirement that you install a  as a condition of reinstating your driving privilege.2
## Vehicular Homicide
If you kill someone while driving under the influence and you have three or more prior DUI convictions, you can be charged with .3
Penalties for vehicular homicide in Nevada can include 25 years to life in prison.
If you hit and kill a pedestrian as the result of driving recklessly, you could face stiff penalties.
## Felony Reckless Driving
If you hit and kill a pedestrian as the result of driving recklessly, you could be charged with .
Penalties for felony reckless driving can include:
* 1-6 years in Nevada State Prison, and
* $2,000 to $5,000 in fines.
The maximum prison term becomes 10 years if the incident involved speeding at least 50 mph over the speed limit or took place in a pedestrian safety zone, school zone or a school crossing zone.
An experienced Nevada defense lawyer can sometimes negotiate a plea bargain that involves pleading guilty to Nevada reckless driving charges in exchange for the prosecutor dropping a weak vehicular homicide case.
## Vehicular Manslaughter
 occurs when a driver negligently kills pedestrians when the driver is not under the influence of alcohol and/or drugs.4
Vehicular manslaughter charges often arise as the result of traffic violations such as:
* Speeding,
* Failing to stop at a red light or stop sign, or
* Texting while driving.
Vehicular manslaughter is a Nevada misdemeanor. Consequences of vehicular manslaughter can include:
* Up to 6 months in jail and/or a fine of up to $1,000, and
* maybe suspension of your driver’s license.
## Hit-and-Run
If you hit a pedestrian and flee the scene and the pedestrian dies as a result of injuries caused by the accident, you could be charged with .
Penalties for hit-and-run in Nevada can include:
* 2-15 years in prison,
* A fine of up to $5,000, and
* Possible suspension or revocation of your driver’s license.5
#### Legal references:
1. Mick Akers, ““, *Las Vegas Review-Journal* (November 4, 2019).
2. NRS 484C.430.
3. .
4. NRS 484B.657.
5. .
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