Facing Misdemeanor Charges in Las Vegas, Nevada
Misdemeanors
Misdemeanors are, by far, the most common kind of charge in Las Vegas. Most crimes can be charged as misdemeanors, from minor traffic tickets to battery domestic violence.
If you are currently charged with a misdemeanor in Las Vegas or Nevada, call us at 702-432-1000 to discuss your case.
The initial consultation is always free.
Misdemeanor definition
Under Nevada law, a misdemeanor is a minor criminal charge.
An example of a misdemeanor could be petty theft, traffic ticket, DUI, battery domestic violence, prostitution, resisting arrest, or operating a business without a license.
Misdemeanor penalty
A misdemeanor is any crime that has a punishment of up to 6 months in jail and can carry fees and fines up to $1,000.
Gross misdemeanor definition
A gross misdemeanor is a more severe version of a regular misdemeanor. Examples of gross misdemeanors include: stalking or carrying a concealed weapon. The process of handling a gross misdemeanor charge is very similar to a felony.
Gross misdemeanor penalty
A gross misdemeanor is any crime that has a punishment between 6 - 12 months in jail and fines up to $2,000.
Can I represent myself in a misdemeanor case?
Many people ask, "Since misdemeanor is a minor offense, can I represent myself in Las Vegas court?"
The answer is yes, and no. A person always has the option of representing themselves. And it is still the right decision to consult with the attorney first. A public defender will be assigned for more serious offenses when a person cannot afford an attorney.
Having a public defender
In Las Vegas, the government does not always have to give you a public defender for a misdemeanor crime. In fact, in many courts, the judge may charge you for using the public defender. But be careful. If you strike a deal on your own and you fail to honor its terms, in Las Vegas, you can still go to jail.
Misdemeanor vs. felony
A misdemeanor is different from a felony.
A conviction for a felony charge can result in a year or more in prison. However, a misdemeanor cannot have a penalty for over half a year in jail.
Multiple misdemeanors
It is important to note that when multiple misdemeanors are present, a judge can sentence a defendant to consecutive jail terms that total more than a year.
Misdemeanor charges and immigration laws
Some misdemeanors can have very severe immigration consequences. For instance, a guilty plea for battery domestic violence is immediate grounds for deportation.
Do I need bail?
Whether to post bail is always a personal decision based on each case. Some things to consider are whether a person has a job that they may lose by staying in jail or important bills that must be paid. Generally, a person's case is much better to defend when they are not in custody.
Will a misdemeanor affect a background check?
Yes. Even minor misdemeanor charges will show on a background check and can stop a qualified candidate from getting a good job, renting an apartment, or getting a mortgage.
The proper way to handle your misdemeanor charge is to seal your criminal record. Record sealing prevents a private employer from seeing a criminal charge. Moreover, under Nevada law, a person with a sealed record can legally say that the sealed charge never happened.
How long does a misdemeanor stay on your record?
In Nevada, you can seal a misdemeanor two (2) years from when the case closes out. Misdemeanor DUI and battery domestic violence charges can be sealed seven (7) years after the case closes. Check our >record sealing dage for the current requirements.
Misdemeanors don't just disappear from your record. You have to petition the court. If a former defendant does not petition the court to seal their record, a misdemeanor charge will remain on their record forever.
Please note: If you were arrested in Nevada, a record sealing process must be originated in Nevada.
A record sealing for misdemeanors involves a fairly technical packet of documents that can be denied if it is not done correctly.
Can I get a citation for a misdemeanor?
Yes. The severity of the crime often determines whether the police officer will arrest a person or only cite them. In many misdemeanor cases, a person is only cited for an offense.
Can you get a Sheriff's Card with a misdemeanor?
Yes, but it depends on the type of misdemeanor and the type of work. For the latest information on getting a sheriff's card (work card), contact Las Vegas Metropolitan Police.
We can help
The office of Heshmati & Associates handles misdemeanors almost daily. It is important to remember because you are charged with a misdemeanor, it doesn't mean you will be convicted. At the same time, some misdemeanors can have surprisingly harsh consequences, and you need to find an attorney to represent you in court.
We invite you to call us at 702-432-1000 and speak with our attorney, who handles misdemeanor charges.
The initial consultation is always free and confidential.
We represent clients in Las Vegas, Henderson, Summerlin, North Las Vegas, and throughout the surrounding areas of Nevada.
Payment plans are available.
Walk-ins are always welcome.
