Las Vegas Heroin Possession Criminal Defense Attorney

Being charged with drug possession can have serious consequences in Las Vegas, and particularly for harder drugs like heroin. A conviction can include jail time and hefty fines. Being convicted of heroin possession could also have a significant impact on other areas of your life, making it harder to find a job, secure housing, and receive federal assistance.

If you were arrested for heroin possession, call the Law Office of Joel M. Mann right away. I, Joel Mann, focus my practice solely on criminal defense. I have won cases before the Nevada Supreme Court and the Ninth Circuit U.S. Court of Appeals. I am one of the few attorneys in Las Vegas and the country who has been sworn in before the U.S. Supreme Court. My unrelenting advocacy has resulted in many acquittals, dismissals, and sentence reductions for my clients.

With almost two decades of experience in criminal defense, I have the knowledge and skillset to see you through this difficult moment in your life.

Don’t wait to contact an experienced Nevada defense attorney if you’re facing heroin possession charges. Get a free initial consultation by calling my office or filling out our online contact form.

Is Heroin Possession a Felony?

Possessing heroin in Las Vegas is a Category E felony. The penalties you may face will depend on the amount you’re found with, whether you have previously been charged with possession or other drug charges, and other factors.

First-time or second-time offenders found with small quantities of heroin could still be found guilty of a felony, though they may be eligible for alternative sentencing instead.

Can I Go to Rehab Instead of Jail?

You may be eligible for alternative sentencing on heroin possession charges. This may include being sentenced to drug rehabilitation, depending on the circumstances of your case.

Recent changes to Nevada’s drug laws under AB 236 include a provision that first-time and second-time offenders must have their sentences deferred if they’re found with 14 grams or less of a Schedule I controlled substance, including heroin.

I will fight for you to receive alternative sentencing instead of jail or prison time whenever possible.

Heroin Possession Sentencing Guidelines

The recent changes to Nevada drug laws mean that except for a few specific drugs, penalties are determined by the amount of drugs found and how the drug is classified under the federal Controlled Substances Act.

Since heroin is a Schedule I controlled substance, the penalties that apply will fall under that schedule. The sentencing guidelines under NRS 453.336 and AB 236 break down like this:

  • 14 grams or less– First-time and second-time offenders found with 14 grams or less of heroin may have their sentences deferred. Third-time and subsequent offenders could face between one and four years in jail.
  • 14 to 28 grams– First-time and second-time offenders are no longer eligible for an automatic deferred sentence if they’re found with between 14 and 28 grams of heroin. Anyone found with this quantity of a Schedule I controlled substance could face one to five years in jail.
  • 28 to 42 grams– Nevada law states that being convicted of possessing between 28 and 42 grams of heroin could result in a jail sentence of one to 10 years.
  • 42 to 100 grams– If you’re convicted of possessing between 42 and 100 grams of heroin, you could face two to 15 years in jail. If you’re found with more than 100 grams of heroin, you could face more severe charges such as unlawful possession for sale or drug trafficking.

Is There a First-Time Offender Program in Nevada?

Nevada used to have much harsher penalties for drug charges, even for people found with relatively low quantities of drugs. However, the recent updates to Nevada’s drug laws help certain offenders avoid going to jail.

As far as heroin possession charges are concerned, new drug laws require a deferred sentence for first-time and second-time offenders, provided you were found with 14 grams or less of heroin.

If you’re found with a larger amount of heroin, you’re a third-time or subsequent offender, or if there are other aggravating factors in your case, you may not be eligible for a deferred sentence.

I will evaluate your case and determine whether you are eligible for a first-time offender program or other program that can mitigate the consequences of a conviction. I will also fight for an outright dismissal or acquittal when appropriate.

Alternative Programs in Nevada

Law enforcement, criminal prosecutors, and other authorities in Nevada have recently made a significant effort to provide alternative sentencing options for certain types of offenses. This includes some low-level drug crimes.