A life sentence in Nevada means spending years in prison. You must spend this time before being eligible for parole. Unlike other states, Nevada abolished life without parole sentences. Authorities can release individuals sentenced to life imprisonment. But, parole is not guaranteed.
Definition of a Life Sentence
In Nevada, a life sentence means imprisonment for the entirety of a person’s natural life. However, those sentenced to life are eligible for parole after a minimum number of years.
Life sentences in Nevada do not have the possibility of unconditional release. The person remains under supervision for life if paroled.
Life sentences are considered indeterminate sentences. This means they have a minimum and maximum term rather than a set of years.
Determinate vs. Indeterminate Sentencing
Determinate sentences specify a precise number of years in prison. For example, if a person receives a ten-year sentence, they will be jailed for exactly ten years.
Indeterminate sentences provide a range between a minimum and maximum number of years. Life sentences fall under this category.
Indeterminate sentences have an advantage. Parole is possible after the minimum term if the inmate shows rehabilitation.
Minimum Time Served for Life Sentences
In Nevada, the minimum time served on a life sentence depends on the crime committed. The minimum term ranges between 10 to 20 years before parole eligibility.
Factors Affecting Minimum Time Served
Several key factors determine the minimum time that someone must serve on a life sentence.
The type of crime committed affects the sentence. Murder, sex offenses, and crimes against children have longer minimums.
Criminal history – Prior felonies and violent crimes add time.
Aggravating factors – Things like using a weapon, premeditation, or victim injuries.
Mitigating factors – Lack of priors, good behavior, remorse. These may reduce time.
For example, a first-time murderer may serve 10-15 years. But, someone with priors convicted of child sex abuse could serve 20+ years. Judges weigh the case specifics when setting minimum parole eligibility.
Mandatory Minimum Sentences
Some crimes are severe. These include murder, sex trafficking, and battery with a deadly weapon. They carry mandatory minimum sentences. These sentences are set by Nevada law. These require serving extra time on top of the standard minimum for a life sentence.
Mandatory minimums range from 2 to 20 years added. So that’s more time a person must serve before even being eligible for parole on their life sentence.
Judges cannot reduce mandatory minimums. They also cannot suspend them, no matter the case’s circumstances. They are “fixed” extra punishments.
Possibility of Parole
In Nevada, most lifers can get parole after serving the minimum time for their crime. However, parole is not guaranteed.
Factors weighed by the parole board include:
Behavior and rehabilitation efforts in prison
Remorse and accept responsibility
Plans for employment and housing if released
Risk for re-offending
Inmates must convince the board they are ready for parole. There is no entitlement to release after serving the minimum term. If the board feels the inmate is unready, they can require the inmate to serve more time.
Meaning “Life” in Life Sentences
In Nevada, a life sentence does not always mean someone will spend their whole life locked up. The possibility of parole exists after the minimum term is served.
However, the parole board has complete discretion over release. They can decide if an inmate serves more than the minimum. They can do this if they feel more rehab is needed.
Some key points:
Parole possibility reduces after age 60. The board may see little point in release if someone is older.
Violent offenders often serve more than the minimum before parole.
The average person convicted of murder serves 20-30 years despite shorter minimums.
Indeed, “life” in prison is still possible if the board feels the inmate can never be safely released.
Information for Families and Friends
If you have a loved one serving a life sentence, don’t lose hope. Maintain contact and be a positive influence. Here are some tips:
Write letters regularly to provide emotional support.
Visit when you can to lift spirits. Phone calls also help.
Put money in their prison account for necessities and comforts.
Encourage participation in rehab programs to build their case for parole.
Hire an attorney to help navigate the parole preparation and hearing process.
Always remain calm at hearings – outbursts or emotions can hurt their case.
Understand most inmates serve past minimums, so prepare for a long journey.
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Breaking It All Down
In summary, a Nevada life sentence means the chance for parole. But, it’s not guaranteed. It must serve a minimum number of years before it comes. The minimum term ranges from 10 to 20 years. It depends on factors like crime, criminal history, and mandatory minimums.
Once the minimum requirement is satisfied, individuals may consider parole as an option. But, the parole board has complete discretion. They consider behavior, rehabilitation, remorse, and public safety risks. Inmates must convince the board of their readiness.
A Nevada life sentence offers some hope of release after years. But, it could still mean dying in prison if the board does not grant parole. Families can provide critical support to lifers as they work towards possible parole. The dream of freedom can become a reality with proper preparation and representation.
More Frequently Asked Questions
What is the difference between life with and without parole?
Nevada abolished all life without parole-sentences. This means everyone sentenced to life is eligible for parole after a minimum number of years. Other states still allow proper life sentences with no chance of parole.
Who determines the minimum sentence length?
Judges have discretion within a statutory range based on the crime. They weigh factors like criminal history. They also consider aggravating circumstances when setting the minimum years before parole eligibility.
Can the minimum time served be reduced?
Generally, no, since the judge sets the minimum based on the facts of the case. However, minimums can be increased. Mandatory enhancements, such as using a deadly weapon, can raise them.
What are some factors that hurt chances for parole?
Misconduct and violence while incarcerated
Lack of remorse and not taking responsibility
Refusal to participate in rehabilitation programs
Objections and testimony from the victim’s family
What improves the chances of release on parole?
Good behavior and following prison rules
Participating in counseling and education programs
Remorse and accepting responsibility for the crime
A solid parole plan showing preparation for release
Can parole be denied even after the minimum is served?
Yes, the parole board has complete discretion. They can force inmates to serve well beyond their minimum. They do this if they feel more time is needed or if public safety is at risk.
Glossary
Determinate sentence: A prison sentence specifies and fixes the exact number of years that must be served. There is no range or possibility of early release.
Indeterminate sentence: A prison sentence that ranges between minimum and maximum years. Possibility of parole release after the minimum is served.
Life sentence: In Nevada, an indeterminate sentence of incarceration for the remainder of a person’s natural life. Possibility of parole after a set minimum number of years.
Minimum sentence: The minimum number of years that must be served on an indeterminate life sentence before becoming eligible for parole.
Mandatory minimum sentence: Extra years added by law to the minimum sentence for serious crimes like murder, rape, and battery with a deadly weapon. It cannot be suspended or reduced by a judge.
Parole: Discretionary supervised release from prison after serving the minimum sentence. Requires approval from the parole board based on behavior, rehabilitation, and public safety risk.
Parole board: The members who decide whether to grant inmates parole after serving their minimum sentences. They hold hearings to make case-by-case determinations.
Additional Resources for You
Outside Resources for You
Nevada Department of Corrections – The state agency that runs Nevada’s prison system. Provides information on sentences, parole, and inmate resources.
Nevada Attorney General – The state’s top legal officer provides information on criminal law and the justice system in Nevada.
Nevada Legislature – The official site of the Nevada Legislature contains state laws and statutes on sentencing and parole.
Nevada Parole Board – Learn about the board’s membership, hearings process, and how decisions are made.
Clark County District Attorney – The DA’s office for Las Vegas prosecutes state crimes and outlines sentencing laws.
American Bar Association – National lawyer organization with public resources on criminal defense and sentencing.
Prison Fellowship – Nonprofit with programs to help families of inmates including those serving life sentences.
A Special Message from Our Lead Attorney, Molly Rosenblum Allen, Esq
Dear Reader,
Thank you for reading. The information is helpful. It is about life sentences in Nevada. I know these legal issues can be complex and confusing to navigate. I aim to use these resources to bring clarity about this topic. I want to help anyone facing a potential life sentence.
If you have more questions, or would benefit from speaking with a knowledgeable Las Vegas criminal defense attorney, I encourage you to schedule a free meeting. Feel free to call my firm directly at (702) 433-2889, and my team can get you booked for a phone or in-office meeting.
These cases have high stakes and are very fact-specific. So, the best way I can help is to sit down with you. We will evaluate the details and provide effective advice. Don’t hesitate to reach out. I’m here to protect your rights and interests at this difficult time.
Sincerely,
Molly Rosenblum Allen, Esq.
