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If you've been convicted of multiple criminal offenses, you could be labeled a “habitual criminal”. That dubious designation can result in more severe punishment if and when you are sentenced for another crime.

 NRS 207.010, defines who is a “habitual criminal”. The punishment that attaches to that designation depends on whether the conviction at issue is the defendant's third or greater:

  • Two previous convictions. A person who is convicted of any felony, and who has previously been convicted twice, of any crime which under the laws of the state where it was committed, would amount to a felony is a habitual criminal. Upon conviction, a defendant will be punished for a category B felony by imprisonment in the state prison for no less than 5 and up to 20 years.
  • Three previous convictions. A person who is convicted of any felony, and who has been convicted three previous times of any crime which under the laws of the state where it was committed would amount to a felony is a habitual criminal. Punishment will be the same as for a category A felony and can include imprisonment in the state prison:
    • For life without the possibility of parole;
    • For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
    • For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

“Habitual criminal” is not a designation you want to live with as it will mean that you will be living in prison for an extended period of time upon your next conviction.

Call us today to discuss your situation.

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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