In Nevada, the selling, trafficking, or possession of drugs carry some of the steepest penalties in the nation. By simply passing a controlled substance to another person or even moving drugs from one building to another, you could be charged with drug crime. Because of Nevada’s harsh drug laws, a drug sale or distribution offense in Las Vegas could typically lead to a felony charge.
Even if this is your first offense, making one mistake could change the rest of your life, or put your freedom at risk. At Okabe & Haushalter, we understand that your rights are at stake. When so much is on the line, it is vital that you have a knowledgeable Las Vegas criminal defense attorney by your side. Let the nationally recognized legal team at Okabe & Haushalter represent you, and we will fight to have your interests be heard in a court of law.
A drug sale is also known as “Sale of Controlled Substances” (SCS) in Nevada and typically carries a higher penalty than simple possession of a controlled substance. As stated by the NRS 453.338 and NRS 453.338, it is illegal for a person to possess a controlled substance for the purpose of sale. By Nevada State law, you can be charged with a drug sale offense simply based on an intention to sell, but in order for you to break the law, you must:
Though possession of controlled substances or drugs can be easy to prove, confirming the intent to sell those drugs can be far more ambiguous. Common instances might include police or authorities pulling over a vehicle based on a profile, and may ask to search a vehicle. If police find drugs, they may try to convict you of intent to sell based on these factors:
Being charged with drug sales crimes in Nevada can carry grave penalties. Even if you are facing your first drug sale charge, you could be facing a felony count of up to 6 non-probationable years in Nevada State prison, as well as a minimum $20,000 fine. As you can see, the state of Nevada does not take drug sales lightly, and one simple mistake could see you behind bars.
There is often a fine line between lesser drug charges such as possession and more serious drug crimes like distribution. No matter the reason, being charged with distribution is one of the most serious offenses. Possession charges can quickly turn into distribution charges depending on the quantity of drug found to be in possession and other circumstances such as special packaging.
The penalties associated with distribution can be quite severe depending on the specifics of the crime. Those who face class D felony distribution charges for the first or second time will likely receive sentences ranging from 1 to 4 years and fines up to $10,000. 3 or more distribution offenses warrant a class C felony which can impose up to 5 years in prison in addition to fines. If you have been charged with distribution, you are likely going to face the full weight of law enforcement. Make sure you have the support of an attorney who knows how to organize the best possible defense against such charges, or risk conviction with maximum sentencing.
Because drug sale penalties are so steep in Nevada, having a knowledgeable and experienced lawyer by your side can help defend you against such life-changing allegations. Though defenses often vary, common strategies your attorney could provide include:
Often, drug crime charges hinge on physical evidence. Having a lawyer who is familiar with the court system and who knows the complexities of drug sales can be your greatest defense when fighting drug crime allegations. If you or a loved one faces misdemeanor or felony drug crime charges, contact a Las Vegas drug crime attorney who can speak to you about your case.