How Does Use of a Deadly Weapon in a Crime Affect Punishment?
Using a firearm or other potentially deadly weapon in the commission of a crime brings with it additional penalties. The Nevada Revised Statutes are clear on this matter:
NRS 193.165 Additional penalty: Use of deadly weapon or tear gas in commission of crime; restriction on probation.
1. Except as otherwise provided in NRS 193.169, any person who uses a firearm or other deadly weapon or a weapon containing or capable of emitting tear gas, whether or not its possession is permitted by NRS 202.375, in the commission of a crime shall:
At minimum, if convicted, in addition to the term of imprisonment prescribed by statute you will be placed in the state prison for a minimum of not less than 1 year and a maximum of no more than 20 years. Beyond the additional penalty, the court may weigh the following information, which could add or subtract time from your sentence: the facts and circumstances of the crime, the individual’s criminal history (if any), the impact of the crime on any victim, any mitigating factors presented by the person, and any other relevant information.
The court has to justify on record any additional penalty for crimes committed with firearms. The additional penalty must not exceed the sentence imposed for the crime and must run consecutively with the prescribed statute. Years of your life can be taken away if you are not well represented in a matter this important. You need a Las Vegas Criminal Defense Lawyer.
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