Changes in Nevada Criminal Law: How AB 236 Impacts Criminal Cases in Las Vegas

In 2019, Nevada enacted Assembly Bill 236 (AB 236), a comprehensive criminal justice reform law that introduced significant changes to the state’s criminal justice system. AB 236 aimed to address growing concerns over prison overcrowding, excessive sentencing, and rising costs associated with Nevada’s criminal justice system. The law focuses on reducing incarceration rates, implementing more proportionate sentencing, and promoting rehabilitation over punishment for non-violent offenders. The changes brought by AB 236 impact almost all areas of criminal law in Nevada, including sentencing guidelines, probation, parole, and specific crime classifications.

For individuals facing criminal charges in Las Vegas, understanding the changes introduced by AB 236 is essential. The reforms not only alter how certain crimes are prosecuted and penalized, but they also create new opportunities for defendants to seek more favorable outcomes, such as reduced sentences or diversion programs. In this blog post, we will explore the key provisions of AB 236, its impact on criminal cases in Las Vegas, and how hiring an experienced defense attorney like Josh Tomsheck can help you navigate these changes effectively.

Key Provisions of AB 236

AB 236 introduced a wide range of reforms aimed at reducing Nevada’s prison population and promoting rehabilitation for non-violent offenders. Below are some of the most significant changes that impact criminal cases in Las Vegas.

1. Reduced Penalties for Certain Offenses

One of the primary goals of AB 236 was to reduce the severity of penalties for certain non-violent offenses, particularly property and drug-related crimes. Before AB 236, Nevada’s criminal justice system imposed harsh penalties for relatively minor offenses, leading to overcrowded prisons and high costs.

Property Crimes: AB 236 raised the threshold for felony theft from $650 to $1,200. This means that thefts involving property valued at less than $1,200 are now classified as misdemeanors, whereas they were previously treated as felonies.
Drug Possession: For individuals charged with possession of controlled substances, AB 236 provides alternative sentencing options, such as treatment programs, rather than mandatory incarceration. The law also reclassifies certain drug offenses, reducing them from felonies to misdemeanors in cases of first-time, non-violent offenses.

By reducing the penalties for these types of crimes, AB 236 aims to divert low-level offenders away from prison and toward rehabilitation programs that address the root causes of criminal behavior, such as addiction and mental health issues.

2. Changes to Sentencing Guidelines

AB 236 introduced changes to Nevada’s sentencing guidelines to ensure that penalties are proportionate to the severity of the offense. For example, the law provides greater discretion to judges in determining appropriate sentences for certain crimes, taking into account factors such as the defendant’s criminal history and the circumstances of the offense.

Habitual Offenders: Before AB 236, Nevada’s habitual offender laws imposed harsh sentences on individuals with prior convictions, even for relatively minor offenses. AB 236 limited the application of habitual offender enhancements, ensuring that they are only used in cases involving serious or violent crimes.
Probation and Parole: The new law also expands the availability of probation and parole for non-violent offenders, providing more opportunities for individuals to avoid prison time and reintegrate into society. Additionally, the law caps probation terms at 36 months for most non-violent offenses, reducing the likelihood of lengthy probation periods that often lead to re-incarceration for technical violations.

3. Reforms to Pretrial Detention and Bail

AB 236 also introduced reforms aimed at reducing the use of pretrial detention and ensuring that individuals are not held in jail simply because they cannot afford bail.

Bail Reform: The law encourages judges to use non-monetary conditions of release, such as supervision or electronic monitoring, rather than requiring defendants to post bail. This is particularly important for individuals charged with non-violent offenses, who are often held in jail for extended periods due to their inability to pay bail.
Pretrial Diversion: AB 236 expands the use of diversion programs for individuals with substance abuse or mental health issues. Defendants who complete these programs may have their charges dismissed or reduced, allowing them to avoid a criminal conviction altogether.

4. Focus on Rehabilitation and Reentry

In addition to reducing penalties, AB 236 emphasizes rehabilitation and reentry programs for individuals who have been convicted of crimes. The law provides greater access to vocational training, educational programs, and substance abuse treatment for incarcerated individuals, with the goal of reducing recidivism and helping offenders reintegrate into society after their release.

AB 236 also creates pathways for early release for individuals who demonstrate good behavior and participate in rehabilitation programs. This is intended to reduce the state’s prison population and ensure that individuals who have served their time are given the opportunity to rebuild their lives.

Impact of AB 236 on Criminal Cases in Las Vegas

The changes introduced by AB 236 have a profound impact on how criminal cases are prosecuted and resolved in Las Vegas. For defendants, the law creates new opportunities to avoid harsh penalties and pursue alternative sentencing options that focus on rehabilitation rather than incarceration.

If you are facing criminal charges in Las Vegas, the reforms brought by AB 236 could significantly affect the outcome of your case. For example:

Reduced charges: If you are charged with a property or drug crime, AB 236 may allow your charges to be reduced to misdemeanors, making you eligible for more lenient penalties.
Diversion programs: If you are struggling with addiction or mental health issues, AB 236 may provide access to diversion programs that allow you to avoid a criminal conviction by completing treatment.
Shorter probation: If you are sentenced to probation, AB 236 ensures that your probation term will not exceed 36 months for most non-violent offenses, reducing the risk of being re-incarcerated for technical violations.
Greater discretion in sentencing: AB 236 gives judges more flexibility in determining appropriate sentences, which can result in more individualized and fair outcomes for defendants.

How Josh Tomsheck Can Help You Navigate AB 236 and Defend Your Case

The passage of AB 236 marks a significant shift in Nevada’s criminal justice system, creating new opportunities for defendants to seek reduced charges, alternative sentencing, and rehabilitation-focused outcomes. However, navigating these changes requires an experienced and knowledgeable defense attorney who understands how to leverage the new law to your advantage.

Josh Tomsheck, a Nationally Board-Certified Criminal Trial Specialist and former Chief Deputy District Attorney, has extensive experience defending clients in Las Vegas and throughout Nevada. With a deep understanding of Nevada’s criminal justice reforms, Josh is uniquely positioned to help you achieve the best possible outcome in your case.

Here’s how Josh Tomsheck can help:

Strategic Defense: Josh will thoroughly analyze your case, determine how AB 236 applies, and develop a defense strategy that takes advantage of the new law’s provisions to reduce charges and penalties.
Negotiating Plea Deals: With AB 236 providing new alternatives to incarceration, Josh can negotiate with prosecutors to secure plea deals that prioritize rehabilitation and diversion programs over prison time.
Challenging Excessive Sentencing: If you are facing harsh penalties under pre-AB 236 guidelines, Josh will fight to have your sentence reduced in light of the new law’s sentencing reforms.
Representation in Diversion Programs: If you are eligible for a diversion program, Josh will guide you through the process and advocate for your successful completion, helping you avoid a conviction and rebuild your life.

Contact Josh Tomsheck for Expert Criminal Defense

If you are facing criminal charges in Las Vegas, the changes brought by AB 236 can work in your favor, but only if you have a skilled defense attorney who understands the new law. Josh Tomsheck has the experience and expertise needed to navigate Nevada’s criminal justice reforms and secure the best possible outcome for your case.

Contact Josh Tomsheck today at (702) 895-6760 for a consultation and learn how he can help you defend your rights and protect your future in the post-AB 236 landscape.