You can be charged as a habitual criminal in Nevada (NRS 207.010) if you get convicted of a crime after having five prior felony convictions. It does not matter how long ago – or in which U.S. state – these prior felonies occurred.

The best way to fight habitual criminal charges is to show that you have insufficient prior convictions to qualify. If the court records for your prior cases no longer exist or are incorrect, your habitual criminal charges can be dismissed.

In this article, our Las Vegas criminal defense attorneys discuss:

• 1. Do all past felony convictions count as priors?
• 2. What are the penalties for being a habitual criminal?
• 3. Do I automatically get “bitched” for having too many priors?
• 4. Is being a “habitual felon” different from being a “habitual criminal”?
• 5. What about habitual fraudulent felons?

1. Do all past felony convictions count as priors?

Only two felony crimes do not count as priors under Nevada’s habitual criminal law. These include:

1. Being under the influence of drugs (NRS 453.411); and
2. Recreational drug possession (NRS 453.336), other than for:
   • 28 grams or more of schedule I or II drugs,
   • 200 grams or more of schedule III, IV, or V drugs, or
   • any amount of GHB and Rohypnol

All other felony convictions qualify as priors under NRS 207.010.¹

2. What are the penalties for being a habitual criminal?

Picking up a new felony conviction in Nevada after having five prior ones is a category B felony. Penalties include five to 20 years in Nevada State Prison.

Meanwhile, picking up a new felony conviction after having seven prior ones is a category A felony. Penalties include:

• Life in prison with or without possible parole after 10 years; or
• 25 years in prison with possible parole after 10 years.²

Prosecutors have crude names to refer to these sentencing schemes: “Small bitch” for having five prior felonies and “big bitch” for having seven prior felonies. “Bitch” derives from the bold part of “habitual.”

3. Do I automatically get “bitched” for having too many priors?

No. Prosecutors have discretion over whether to charge you with being a habitual criminal. Then if the D.A. does charge you with being a habitual criminal, the judge can overrule them and dismiss the charge.³

4. Is being a “habitual felon” different from being a “habitual criminal”?

Yes. In Nevada, habitual criminals refer to people who pick up a sixth felony conviction. In contrast, habitual felons refer to people who pick up a third “serious felony” conviction.

List of “serious felonies”

1. Murder (NRS 200.030)
2. Poisoning with intent to kill (NRS 200.390)
3. Fatal duel (NRS 200.410)
4. Fatal challenge to a fight (NRS 200.450)
5. Soliciting someone to commit a murder, kidnapping, or arson (NRS 199.500)
6. Rape (NRS 200.366)
7. Any attempt (NRS 193.330) of a category A felony
8. Making child pornography (NRS 200.710)
9. Promoting child pornography (NRS 200.720)
10. Lewdness with a child under 16 (NRS 201.230)
11. Having sex with a corpse (NRS 201.450)
12. Making available a drug or controlled substance that causes death (NRS 453.333)
13. Vehicular homicide (NRS 484C.130)
14. DUI causing death (NRS 484C.430)
15. Hit and run (NRS 484E.010) causing injury/death
16. Kidnapping (NRS 200.310), including aiding or abetting (NRS 200.340)
17. Robbery (NRS 200.380)
18. Burglary (NRS 205.060) with deadly weapons
19. Burglary with explosives (NRS 205.075)
20. Invasion of a home (NRS 205.067) with a deadly weapon
21. First-degree arson (NRS 205.010)
22. Battery with intent to rape or kill (NRS 200.400)
23. False imprisonment (NRS 200.460) by a prisoner
24. Involuntary servitude (NRS 200.463).
25. Having child victims (NRS 200.4631).
26. Recruiting victims (NRS 200.464).
27. Owning victims (NRS 200.465).
28. Racketeering (NRS 207.400)
29. Human trafficking (NRS 200.467 & NRS 200.468)
30. Child abuse (NRS 200.508), including willful abuse or permitting a child under 14 to undergo sexual abuse causing substantial bodily harm or repeat offenders permitting a child under 14 to undergo child abuse.
31. Poisoning food, water or medicine (NRS 202.170)
32. Transportation or receipt of explosives for unlawful purposes if substantial bodily harm results (NRS 202.780)
33. Subsequent offense of using/possessing explosives during the commission of a felony (NRS 202.820)
34. Use of explosives to damage or destroy property, and substantial bodily harm results (NRS 202.830)
35. Escaping prison (NRS 212.090) when using a weapon or hostages or you cause substantial bodily harm.
36. Allowing a child to be present during non-marijuana drug crimes (NRS 453.3325)
37. Perjuring yourself to have an innocent person executed (NRS 199.160)

Habitual felon penalties

Being a habitual felon is a category A felony. Prosecutors also call it “big bitch.” The penalties include:

• Life in prison with or without possible parole after 10 years; or
• 25 years in prison with possible parole after 10 years

Note that judges may not dismiss habitual felon charges the way they can dismiss habitual criminal charges.⁴

5. What about habitual fraudulent felons?

You can be charged with being a habitual fraudulent felon in Nevada if:

1. You have been convicted of three felony fraud crimes;
2. Each of these crimes had “intent to defraud” as an element; and
3. Either of the following three conditions is true:
   1. The victim was physically or mentally incapacitated; or
   2. The victim was at least 60 years of age; or
   3. The fraud occurred before October 1, 2003.

Being a habitual fraudulent felon is a category B felony carrying five to 20 years in prison. Similar to habitual felon charges, the judge does not have the discretion to dismiss habitual fraudulent felon charges.⁵

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