The severity of penalties possible for weapons crimes makes it crucial that anyone accused of such a crime put up a strong and thought-through defense. The respected Las Vegas weapons crimes attorneys of Adras & Altig provide aggressive and strategic legal representation to those facing these types of serious charges. We know there is more than one side to any story and that police do not always get the facts straight in the heat of an arrest.
If you have been arrested for a weapons crime in greater Clark County, Nevada, contact our experienced criminal defense lawyers as soon as possible. You can count on our dedicated legal team because:
- If you are being held, we will move quickly to argue for your release.
- We will start an investigation immediately to develop a defense that protects your rights and your future.
- We will take advantage of every legal opportunity to argue for the charges against you to be dropped or reduced.
- We will poke holes in the prosecution’s case and seek an acquittal when charges cannot be proven.
- If a plea deal is in your best interest, we will negotiate for minimum penalties for weapons crimes.
At Adras & Altig, we will take your side. Set up a free consultation with a weapons charges lawyer from our experienced legal defense team today. Our law firm is committed to being understanding, available, and responsive to clients. We treat you with the respect you deserve. Contact us today.
How Our Law Firm Fights Weapons Charges
Being arrested or convicted of a weapons crime in Nevada can lead to long-term consequences for you. Yet, wrongful arrests and convictions happen all of the time. Our skilled legal team will work tirelessly to uncover problems in your case, including:
- False accusations
- Illegal stop, search, or seizure
- Mistaken identity
- False witness testimony
- Faulty or fabricated evidence
- Faulty forensic testing methods and conclusions (including fingerprint, DNA, and gunshot evidence)
- Incriminating statements mistakenly made by defendants
- Police and prosecutorial misconduct
- Bias, which may be based on race, socio-economic standing, gender, age, sexual orientation, etc.
At Adras & Altig, we believe any charge alleging a crime of violence must be fought vigorously. Whether state or federal, prosecutors have the burden of establishing guilt beyond a reasonable doubt before they can earn a conviction. Many cases hinge on the prosecution’s ability to establish that you were actually in possession of the weapon in question at the moment of an alleged crime.
We will thoroughly investigate your case and work to counter and refute the evidence and allegations against you. We will seek to:
- Identify flaws and/or contradictions in the state’s case
- Cross-examine witnesses testifying against you
- Locate witnesses able to testify for you
- Consult with experts who can examine the validity of the state’s evidence
In the meantime, our experienced Las Vegas weapons crimes attorney will make sure you understand what to expect from the legal process and will answer your questions and concerns promptly. It is important to us, and to your defense, that you know you have someone by your side whom you can completely rely on.
The attorneys of Adras & Altig have successfully defended Las Vegas residents and out-of-state visitors who faced weapons charges in Clark County, NV. We are fully committed to providing clients a strong legal defense against these serious charges.
Nevada’s Additional Penalty for Use of a Deadly Weapon in a Crime
Crimes of violence, or “against the person,” in Nevada are generally illegal acts that involve force and bodily harm or threat of force against an individual. The worst of them – murder, robbery, sexual assault, etc. — carry heavy penalties.
However, Nevada specifically adds to the potential penalty if a crime is committed with “a firearm or other deadly weapon or a weapon containing or capable of emitting tear gas.” This is how charges of assault and battery under Nevada law become assault with a deadly weapon, or robbery becomes armed robbery.
A deadly weapon is any instrument that, if used as it was designed and made, will or is likely to cause substantial bodily harm or death. A weapon may also be considered deadly if, under the circumstances in which it is used, attempted to be used, or threatened to be used, it is readily capable of causing substantial bodily harm or death.
In other words, anything from a gun to a knife, club, nunchaku, or a rock might be considered a deadly weapon and therefore increase the seriousness of charges filed in an alleged crime.
This law, NRS 193.165, says that, along with the term of imprisonment prescribed by statute for the original crime, a person convicted of having used a weapon may also receive a term of 1 to 20 years in prison. This results in two sentences served consecutively, or one after another. Essentially, a person could see his or her time in prison for certain underlying crimes doubled.
Additionally, if a court finds the defendant used a deadly weapon, it cannot suspend the sentence or offer probation in cases of:
- First-degree kidnapping
However, in determining the length of the additional penalty imposed, the court is to consider:
- The facts and circumstances of the crime
- Criminal history of the defendant
- Impact of the crime on the victim(s)
- Any mitigating factors presented by the defense
- Any other relevant information
Weapons charges are often paired with violent crime charges, such as murder or assault and battery, simply to increase the severity of the charges.
Our experienced Las Vegas weapons crimes lawyers will work to mitigate the effect of an additional “deadly weapon” charge. There are multiple arguments to be made against such a charge, and we will quickly determine a smart defense strategy for your particular case.
Nevada Gun Laws
Nevada gun laws reflect our Constitutional rights under the 2nd Amendment to own and possess firearms and handguns.
Nevada does not require gun owners to obtain licenses or register their weapons. Nor does it limit the number of firearms an individual may own. Automatic assault weapons and machine guns are legal in Nevada if they are registered and obtained legally under federal law. Ammunition magazines of any capacity are also legal.
The bump-stock, a device that makes semi-automatic weapons fire ammunition at almost the same rate as automatic weapons, is also legal under Nevada gun laws.
There is no mandated waiting period before buying a gun (or gun accessory) in Nevada. In private gun sales, which includes gun shows, no background check is required.
A person must be at least 21 years old and have successfully completed a firearm safety course to obtain a gun permit in Clark County (Las Vegas), Nevada. A gun ownership permit will be denied if a background check on the applicant shows:
- A felony conviction (which also means no parole, probation, suspended sentence, or impending sentence).
- A domestic violence conviction (or if there exists a restraining order, injunction, or other order of protection involving domestic violence).
- The applicant is a fugitive (i.e., there are outstanding arrest warrants).
- The applicant uses or is addicted to any controlled substance (i.e., illegal drugs).
- The applicant has been adjudicated as mentally ill or has been committed to any mental health facility by a court, or has ever entered a plea of guilty but mentally ill.
- The applicant is illegally or unlawfully in the United States (i.e., an illegal immigrant).
A person may carry a concealed gun if he or she obtains a concealed weapons permit. To obtain a permit, the individual must essentially meet the qualifications for a gun permit.
It is a felony for a convicted felon to possess a gun in Nevada. Carrying a concealed weapon without a permit in Nevada is also a felony.
It is also against the law to be in possession of a firearm outside of the home when under the influence of alcohol (a 0.10 blood- or breath-alcohol concentration), controlled substance, or other intoxicating substance.
Under most circumstances, it is also illegal to carry a pistol, revolver, or other firearm onto school property, including a school bus or college campus, or at a child care facility. This law also applies to:
- Switchblade knife, dirk, or dagger
- Blackjack or billy club
- Metal or “brass” knuckles
- Pneumatic gun (air gun)
A short-barreled rifle or sawed-off shotgun is illegal in Nevada, as well, except when owned or used by authorized individuals. This is a rifle with one or more barrels less than 16 inches long or a shotgun with one or more barrels less than 18 inches long.
Additionally, it is illegal to possess, manufacture, or use an explosive or incendiary device (bomb, Molotov cocktail, etc.) or a hoax bomb, and it may, depending on circumstances, result in weapons charges.
Federal Weapons Crimes
The skilled attorneys at Adras & Altig have extensive experience fighting federal weapons charges. Federal crimes are investigated by federal law enforcement such as the FBI, U.S. Marshals Service, or Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). They are prosecuted by U.S. attorneys in federal courts. There are federal district courts in Las Vegas and Reno, Nevada.
Any crime committed on federal property may be prosecuted as a federal crime. A conviction on federal weapons charges typically puts the defendant at risk for punishment that is more severe than state law provides.
Weapons crimes investigated and prosecuted by federal authorities include but may not be limited to:
- Aiming a laser pointer at an aircraft
- Assault with a deadly weapon
- Bombing matters
- Drive-by shooting
- Illegal possession of firearms
- Missile systems designed to destroy aircraft
- Use of fire or explosives to destroy property
- Use of weapons of mass destruction
It is of the utmost importance to speak with an experienced Las Vegas criminal defense attorney as soon as possible after being arrested for a federal crime that involves possession or use of a weapon. A guilty verdict could mean years in prison.
Let Our Las Vegas Weapons Crimes Lawyers Stand Up for Your Rights
If you or a loved one is facing weapons charges in Clark County, Nevada, contact our seasoned Las Vegas criminal defense attorneys as soon as possible. Don’t risk your freedom by giving prosecutors a head start on building a case against you.
Our weapons crime defense attorneys will evaluate your case and your legal options at no charge to you. So set up an initial consultation now.