Sentencing

The range of possible sentences depends on the offense and the defendant's criminal history. Nevada uses a tiered felony classification system, with statutory minimums and maximums for each category:

The judge sentences within the statutory range — but where within that range the sentence falls is determined by what the court hears at the sentencing hearing.

When a defendant is convicted of more than one offense, the judge decides whether the sentences run concurrently or consecutively — and that decision can effectively double the sentence.

Concurrent sentences run at the same time. If the defendant receives 24–72 months on Count 1 and 24–72 months on Count 2 concurrent, the minimum time before parole eligibility is 24 months — the counts overlap.

Consecutive sentences run back-to-back. The same two counts at 24–72 months each, run consecutive, produce a minimum of 48 months before parole eligibility. The second sentence doesn't start until the first one is fully served.

Arguing for concurrent rather than consecutive sentences — when the charges arose from the same incident, when the defendant has no prior record, when the facts support it — is one of the most important functions of sentencing advocacy. A consecutive order on multiple counts can effectively be a life-altering sentence even for each individual count being relatively modest.

Under Nevada Rule of Criminal Procedure 14, sentencing materials — letters, reports, a sentencing memorandum, any documentation the defense intends to rely on — must be filed with the court and served on the prosecution at least 3 days before the hearing. Late-filed documents give the other side grounds to request a continuance. Preparation before sentencing, not at the last minute, is how good outcomes are achieved.

At the hearing itself, both sides have the opportunity to present evidence and argument. The prosecution may present a victim impact statement — the alleged victim appearing in court to address the judge. The defendant has the right to present:

• Letters from family, friends, employers, and community members
• Evidence of good deeds, volunteer work, and community contributions
• Documentation of enrollment in treatment, counseling, or rehabilitation programs
• Employment history, family obligations, and other mitigating circumstances
• Expert testimony where relevant (mental health, substance abuse, etc.)

At the end of the hearing, the defendant has the opportunity to make a personal statement to the judge. This moment matters. Defendants who use it to relitigate guilt, minimize responsibility, or show a lack of remorse consistently receive harsher sentences. Judges respond to genuine acknowledgment of the impact of the conduct and credible commitment to change — not continued argument.

In Nevada, a judge is not required to follow the terms of a plea agreement. The plea bargain is an agreement between the defense and the prosecution to jointly recommend a particular sentence — but the judge has independent discretion to impose any sentence within the statutory range.

In practice, judges follow plea agreements in the overwhelming majority of cases. A departure from a negotiated recommendation is uncommon and typically occurs only when something new and significant comes to the court's attention between the plea and the sentencing hearing — new criminal conduct, failure to comply with bail conditions, or facts that were misrepresented. Your attorney will be able to give an honest assessment of the risk in your specific case.

Where the plea was for a "right to argue" — meaning both sides are free to recommend different sentences — the sentencing hearing becomes an adversarial proceeding, with the prosecution arguing for more time and the defense arguing for less. These hearings take longer and require more preparation.

Sentencing is not a formality to get through. It is a hearing where advocacy matters — and where under-prepared defendants receive worse outcomes than prepared ones. If your case is already at the sentencing stage and you don't feel your attorney is giving it the attention it requires, you have the right to switch counsel in most circumstances.

The difference between a sentence at the low end of the statutory range and one at the high end can be years. The difference between a concurrent and consecutive sentence on multiple counts can be even more. Showing up with a thorough sentencing memorandum, organized character letters, documentation of mitigation, and a defendant prepared for their allocution statement is the work that moves sentences in the right direction.

Call 702-990-0190 for a same-day review of your sentencing situation.

Once your case resolves, you may be eligible to seal the record — removing it from background checks. If you were convicted and believe legal errors occurred at trial, an appeal may be an option.