6.19.2023

Misdemeanor Charges: FAQ

Written by: The Law Offices of Garrett T. Ogata

What You Should Know After Being Charged with a Misdemeanor in Las Vegas

Have you or someone you love been charged with a misdemeanor in Las Vegas? If so, you are likely searching for answers. How can you defend yourself? What sentence are you looking at? How long will it stay on your record if you are convicted? Below, we detail some of the most common questions and answers regarding NY misdemeanor charges.

If you are facing possible charges or have already been charged with a misdemeanor offense, we strongly urge you to consult with an attorney right away. Las Vegas criminal defense attorney, Garrett T. Ogata, will review the charges, explain what you can expect during the process, and develop a legal strategy to get you the best results possible. Take the first step in preserving your freedom. Contact The Law Offices of Garrett T. Ogata online or call (702) 366-0891 to schedule a FREE case review.

What is a misdemeanor?

Misdemeanors are the least serious offenses under Nevada law as opposed to felonies, which involve more serious crimes and much stiffer penalties.

What is a gross misdemeanor?

A gross misdemeanor is considered a more serious misdemeanor. Examples include carrying a concealed weapon or stalking. Gross misdemeanor convictions carry a punishment between 6-12 months in jail and fines of up to $2,000.

What are some common misdemeanor charges?

  •  DUI (first or second, with no injuries)
  • Resisting arrest
  • Shoplifting (under $1.200)
  •  Petty theft
  • Trespassing
  • Vandalism
  • Indecent exposure
  •  Solicitation
  • Prostitution
  • Simple assault
  •  Simple battery
  •  Most traffic violations

Do I need to hire an attorney to defend me against a misdemeanor charge?

Technically, no. You are not required to hire an attorney to represent you. However, if you are facing any criminal charge, it is strongly recommended to consult with a criminal defense lawyer in Las Vegas. Hiring an experienced criminal lawyer will give you the best chance of having your charges reduced and even dropped.

What is a typical sentence for a misdemeanor in Nevada?

Most misdemeanor convictions in Nevada result in no more than six months in jail and fines up to $1,000.

How long does a misdemeanor conviction show up on your record?

Under Nevada law, a misdemeanor conviction will remain on your permanent criminal record unless you have it sealed. The waiting period before you can request your records to be sealed depends on the type of conviction and is between one to seven years after the case is closed.

Will a misdemeanor show up on a background check?

Yes. Misdemeanors will show up on a background check, making it more difficult to find a job, rent an apartment, or get a loan. The only way to prevent some misdemeanors to show up on a background check is to have your criminal record sealed.

Can you expunge a misdemeanor charge in Las Vegas?

Nevada law does not allow an individual to expunge their misdemeanor conviction. However, Nevada law NRS 179.245 does allow you to seal your record. Sealing your record makes it unlocatable, except in very few situations.

How do you seal your record in Nevada?

To have your misdemeanor conviction sealed, you and your Las Vegas criminal defense attorney need to petition the court where the case was originally handled. You must wait a certain period of time before petitioning the court, which varies depending on the type of conviction.

Can a misdemeanor get me deported?

Yes, a misdemeanor conviction can affect your immigration status. While misdemeanor offenses are typically considered less serious than felony offenses, any criminal conviction can lead to deportation if you are not a U.S. citizen.

Get Expert Legal Advice from a Top Criminal Defense Lawyer in Las Vegas

Facing misdemeanor charges, such as petty theft, prostitution, drug possession, and some DUI charges, is a frightening experience. You are likely left with so many “What Ifs” and just want answers. To discuss your charges and what you can expect as a likely outcome, consult with an experienced criminal defense lawyer in Las Vegas.

When you work with The Law Offices of Garrett T. Ogata, you can rest assured knowing our legal team will do everything within our power to protect your rights and fight to get your charges reduced or dismissed. Having defended over 2,200 DUI charges and handled more than 10,000 criminal cases, Garrett T. Ogata has earned a reputation for being a tireless advocate for his clients. When you need a strong legal defense, contact our Las Vegas criminal defense lawyer online or call (702) 366-0891 today to schedule your FREE consultation.

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