SUPREME COURT CLARIFIES WEAPONS ENHANCEMENTS

The Nevada Supreme Court has clarified the circumstances under which a criminal defendant's sentence may be enhanced for use of a deadly weapon even if he was unarmed. In Brooks v. State, 124 Nev. Adv. Op. No. 19 (2008), the Supreme Court held that a defendant may receive such a deadly weapon enhancement "...if an unarmed offender is liable as a principal for the offense that is sought to be enhanced, another principal to the offense is armed with and uses a deadly weapon in the commission of the offense, and the unarmed offender had knowledge of the use of the deadly weapon." In other words, one may receive a deadly weapon sentencing enhancement if he is assisting in the commission of the crime, has a co-conspirator who is armed, and knows that the co-conspirator is armed.

District Court Judge Donald Mosley had essentially instructed the jury that a defendant could receive such a sentencing enhancement even if he was unarmed and did not realize the co-defendant was armed. Mr. Brooks will receive a new trial as a result of this decision.

Click here to learn more about weapons charges in Nevada.