“Felony” Categories and Crimes in Nevada – Law, Sentencing, Record Seals

In Nevada, a felony is the most serious class of crime. Defendants charged with a felony have the right to a jury trial.

Under state law, felonies may be punished by death or imprisonment in Nevada State Prison. Most felony prison terms begin at one year.

Felony Categories and Penalties

Nevada divides felonies into five categories, from Category A—the most serious—to Category E—the least serious:

• Category A:  Includes murder or sexual assault. Depending on the offense, punishment may include life in prison with or without parole or, in certain first-degree murder cases, the death penalty.
• Category B:  Includes robbery, second-degree kidnapping, and certain forms of reckless driving causing death or substantial bodily harm. Penalties vary by offense but range from 1 to 20 years in prison.
• Category C:  Includes domestic battery by strangulation, certain stalking offenses, and battery causing substantial bodily harm. The standard penalty is 1 to 5 years in prison and up to $10,000 in fines.
• Category D:  Includes involuntary manslaughter, forgery, and certain unpaid casino marker cases. The standard penalty is 1 to 4 years in prison and up to $5,000 in fines.
• Category E:  Includes first-time auto burglary and certain lower-level property or fraud offenses. The court ordinarily suspends the 1-to-4-year prison sentence and grants felony probation, though probation can include up to one year in county jail. The judge may impose prison in certain cases, including when the defendant has two qualifying prior felony convictions.

The exact sentence depends on the particular crime, criminal history, aggravating circumstances, and whether the case ends through a trial or plea bargain.

Other Consequences of a Felony Conviction

A Nevada felony conviction can affect you long after the criminal sentence ends. Possible consequences include:

• Losing voting rights while incarcerated;
• Losing the right to possess firearms;
• Facing barriers to employment, housing, and professional licenses;
• Receiving probation, parole, fines, and restitution requirements;
• Facing immigration consequences like deportation if you are not a U.S. citizen; and
• Having to wait 2, 5, or 10 years to seek a record seal, depending on the offense.

Some convictions—including statutorily defined sexual offenses, crimes against a child, invasion of the home with a deadly weapon, and specified felony DUI offenses—can never be sealed.

In our experience, many felony cases can still be reduced or dismissed if we find weaknesses in the evidence, police procedure, or prosecution’s legal theory. An arrest does not guarantee a conviction, and prosecutors bear the burden to prove guilt beyond a reasonable doubt, which is a very high bar.

In this article, our Las Vegas criminal defense lawyers will address the following key Nevada felony topics:

• 1. What are felonies?
• 2. Penalties
• 3. Jury Trials
• 4. Record Seals
• 5. Immigration
• Frequently Asked Questions
• Additional Resources

1. What are felonies?

Felony charges are the most harshly punished crimes in Nevada.¹ The second most serious class of crimes is gross misdemeanors, and the least serious are misdemeanors.²

Under NRS 193.130, Nevada has five categories of felony offenses. They are (ranging from most serious to most minor):

• Category A felonies, such as first- or second-degree murder or sexual assault
• Category B felonies, such as reckless driving with substantial injury, robbery or home invasion
• Category C felonies, such as violating a protection order, domestic violence with strangulation, battery with substantial bodily harm, or internet stalking
• Category D felonies, such as involuntary manslaughter, forgery or unpaid casino markers
• Category E felonies, such as first-time auto burglary

There are exceptions, but property crimes tend to be category D or E felonies, while violent crimes tend to be category A, B, or C felonies.

Note that attempting to commit a category C, D, or E felony is a “wobbler” that can be punished as either a felony or a gross misdemeanor.³

Also note that the category of certain theft crimes like grand larceny depends on the amount stolen.⁴

2. Penalties

The punishment for a Nevada felony depends on the category:

• Category A felonies:  Life in prison with or without the possibility of parole; the death penalty is an option in certain first-degree murder cases.
• Category B felonies:  1 to 20 years in prison and possibly a fine.
• Category C felonies:  1 to 5 years in prison and up to $10,000 in fines.
• Category D felonies:  1 to 4 years in prison and up to $5,000 in fines.
• Category E felonies:  Probation and a suspended sentence, with a possible jail sentence of up to 1 year. (Though if you have two or more prior felony convictions, the court may order a prison term of 1 to 4 years and up to $5,000.)

Certain crime statutes specify their own penalty ranges. For example, burglary with a deadly weapon is a category B felony carrying two to 15 years in prison; meanwhile, residential burglary is also a category B felony, but it carries one to 10 years in prison.⁵

Judges typically have discretion over what sentence to impose within a specific penalty range. “Aggravating factors” (such as showing no remorse) may cause the judge to impose a sentence on the higher end of the range, while “mitigating factors” (such as showing remorse) may cause the judge to grant a sentence on the lower end.

It may be possible to get even the most serious charges reduced to lesser offenses as part of a plea bargain or dismissed outright. When probation is available, the judge may impose an alternative such as residential confinement or electronic monitoring.

3. Jury Trials

If you are facing a felony charge in Nevada, the United States Constitution’s Sixth Amendment entitles you to a jury trial. If you do not want a jury trial, you may have a bench trial where the judge instead of a jury returns the verdict.⁶

The vast majority of cases we handle are resolved through negotiations with prosecutors. Though if clients choose to go to trial, we recommend opting for a jury trial over a bench trial. Juries tend to be more sympathetic than judges, who have “heard it all before.”

4. Record Seals

These types of crimes can never be sealed in Nevada:

1. Sexual offenses,
2. Crimes against a child,
3. Felony DUI,
4. Felony BUI (boating under the influence), and
5. Invasion of the home with a deadly weapon.

Crimes of violence, as well as burglary of a residence, may not be sealed until 10 years after your case is closed. A case is “closed” when you are released from actual custody or discharged from parole or probation (whichever happens later). 

Otherwise, felonies may be sealed after specified time periods depending on the category:

• Category A felony convictions may be sealed 10 years after the case is closed.
• Category B felony convictions may be sealed 5 years after the case is closed.
• Category C felony convictions may be sealed 5 years after the case is closed.
• Category D felony convictions may be sealed 5 years after the case is closed.
• Category E felony convictions may be sealed 2 years after the case is closed.

Note there is no waiting period to seal felonies that get dismissed (meaning there is no conviction).

Record sealing is not guaranteed merely because the waiting period has passed. However, Nevada law generally creates a rebuttable presumption in favor of sealing eligible records. The record seal process itself takes up to a year, so we recommend you pursue a record seal as soon as you are eligible.⁷

5. Immigration

A felony conviction can have serious immigration consequences, but Nevada’s felony label does not by itself determine whether an offense is deportable.

Federal immigration law separately defines aggravated felonies, crimes involving moral turpitude, controlled substance offenses, firearm offenses, and other grounds of removal. The exact statute, facts required for conviction, sentence, criminal history, and immigration history may all matter.

Examples of deportable crimes include:

• murder,
• rape,
• child pornography,
• kidnapping,
• drug trafficking,
• racketeering,
• fraud or tax evasion involving more than $10,000, and
• theft or violent crime with a sentence order of at least one (1) year.⁸

Non-citizens arrested for any crime in Nevada should retain experienced counsel as soon as possible. The prosecutor may agree to dismiss the case or reduce it to a non-deportable offense.

Frequently Asked Questions

What happens after a felony arrest in Nevada?

If you remain in custody, Nevada law requires the authorities to bring you before a judge without unnecessary delay. If that does not happen within 72 hours after arrest—excluding nonjudicial days—the prosecutor must explain the delay, and the judge may release you. At the initial appearance, the judge advises you of the charges and your rights and addresses O.R. release or bail.

An arrest is not the time to explain your side of the story to the prosecutor or police. What you say can be used against you, so we tell clients to invoke their right to remain silent and speak with a lawyer first.

What is a preliminary hearing in a Nevada felony case?

A preliminary hearing is a proceeding in Justice Court where the prosecution must present enough evidence to establish probable cause that a crime occurred and that the defendant committed it. The judge does not decide whether the defendant is guilty. If the defendant does not waive the hearing, Nevada law generally requires it to be held within 15 days unless the judge grants a delay for good cause.

If the state wins the preliminary hearing, the criminal charges are “bound over” from Justice Court to District Court. There will then be an arraignment and finally a trial (unless the case resolves with a plea first).

We find preliminary hearings useful because they can reveal the prosecution’s evidence, allow us to question witnesses, and expose weaknesses before the case reaches District Court. However, the prosecution’s burden at this stage is much lower than proof beyond a reasonable doubt; therefore, preliminary hearings are harder for defendants to win than trials.

Can Nevada prosecutors skip the preliminary hearing?

Yes. Prosecutors may present a felony case to a grand jury instead of proceeding through a preliminary hearing. If the grand jury finds probable cause, it returns an indictment and the case goes directly to District Court. Grand jury proceedings are generally secret, and the defense usually does not participate while the prosecution presents its evidence.

Grand juries are relatively rare in Nevada state cases. The vast majority of the cases we defend were initiated with a sworn statement by law enforcement (an “information”), not a grand jury indictment.

What happens after a Nevada felony case reaches District Court?

First the defendant is arraigned in District Court and enters a plea of either guilty, not guilty, or no contest. If the defendant pleads not guilty, the case may proceed through discovery, negotiations, pretrial motions, and ultimately a trial unless the parties reach another resolution.

Much of the defense work happens long before trial. Police reports, videos, forensic testing, witness accounts, and search warrants may all create grounds to suppress evidence, reduce the charge, or even seek a dismissal.

Can you receive probation for a Nevada felony?

Sometimes. Probation may be available for many category B, C, and D felonies, but it depends on the particular statute, the defendant’s history, and the facts of the case. Nevada law prohibits probation for certain serious crimes. For most category E felonies, the court must suspend the prison sentence and grant probation unless an exception applies, such as two qualifying prior felony convictions.

When we ask judges to grant probation to a client, we may present their employment records, treatment progress, family responsibilities, restitution payments, and other mitigating evidence to show why they deserve to remain out of custody.

What happens if a Nevada case includes several felony counts?

Each count can carry a separate sentence. Depending on the offenses and applicable sentencing laws, the judge may order the terms to run concurrently—at the same time—or consecutively—one after another. Some statutes require consecutive sentencing, so the total possible punishment may be much longer than the range for one count.

In our experience, the number of counts can matter as much as the category of felony. We look closely for overlapping, unsupported, or duplicative charges that may be challenged or resolved through negotiations.

Are restitution and fines the same thing?

No. A fine is money paid as criminal punishment, while restitution is money ordered to compensate a victim for qualifying losses caused by the crime. A defendant may be ordered to pay restitution in addition to a fine, administrative assessments, and other costs.

Does a Nevada felony conviction permanently take away voting rights?

No. Nevada generally restores the right to vote immediately when a person is released from prison, placed on probation, granted parole, or pardoned. Release from prison also immediately restores the right to serve on a civil jury. The right to hold public office generally returns after four years, while the right to serve on a criminal jury generally returns after six years.

In our experience, many people mistakenly believe they can never vote again after a felony conviction. Firearm rights are different: They are not automatically restored when a person finishes the sentence or has the record sealed. A governor’s pardon is the only way to regain gun rights.⁹

Additional Resources

For more information, refer to the following:

• Nevada Department of Corrections (NDOC): This is the state agency responsible for the incarceration and supervision of offenders in Nevada’s state prisons and for parole.
• Reentry Services: Part of NDOC that aims to help offenders reintegrate into society.
• Innocence Center of Nevada (ICON): A non-profit dedicated to exonerating the wrongfully convicted and reforming the criminal justice system in Nevada.
• Rocky Mountain Innocence Center (RMIC): A non-profit that covers Utah, Nevada, and Wyoming, providing pro bono post-conviction innocence investigation and litigation services.
• Hope for Prisoners: A non-profit that helps individuals transitioning from correctional facilities reintegrate into the workforce and society.

See our related article, What are the Nevada felony sentencing guidelines?

Legal References