Category A felonies are the most serious class of crimes in Nevada. These crimes are generally punishable by life in state prison and possibly even the death penalty in the case of a first-degree murder. NRS 193.130(2)(a) reads:
A category A felony is a felony for which a sentence of death or imprisonment in the state prison for life with or without the possibility of parole may be imposed, as provided by specific statute.
Examples of Category A Felonies
- Murder
- First-Degree Kidnapping
- Sexual Assault
- Using a Minor to Create Child Pornography
- Battery for the purpose of sexual assault, resulting in substantial bodily injury or strangulation
Penalties for Category A Felonies
- Nevada State Prison: Life imprisonment or a fixed sentence authorized by statute
- Possibility of Parole: Depending on the case
- Probation or Suspended Sentence: No
- Fines and Restitution: Depending on the case
- Death Penalty: Only in some 1st-degree murder cases
Attempts, Record Seals, Immigration
- Attempts: Attempts to commit what would be a category A felony is charged as a category B felony, typically carrying 2 to 20 years in prison.
- Record Seals: Category A felonies involving sexual offenses or crimes against children are unsealable. Otherwise, the waiting period for a record seal is 10 years after the case closes.
- Immigration: Category A felony convictions are deportable because they are aggravated felonies.
You are entitled to a jury trial, though prosecutors may be willing to plea bargain a category A charge down to a lesser felony charge. Typical defenses we rely on include self-defense, accident, false accusations, mistaken identification, and police misconduct.
In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding category A felonies in Nevada.
- 1. Examples
- 2. Penalties
- 3. Jury Trials
- 4. Record Seals
- 5. Immigration Consequences
- Frequently Asked Questions
- Additional Reading
1. Examples
Category A felonies in Nevada comprise the most egregious offenses.1 Some of these include:
- First- or second-degree murder,2
- First-degree kidnapping,3
- Sexual assault,4
- Using a Minor to create child pornography,5 and
- Battery (with intent to commit sexual assault and that results in substantial bodily injury or is done by strangulation).6
2. Penalties
Category A felonies generally carry life in prison with or without the possibility of parole. Note that the most serious category A felony – first-degree murder – potentially carries:
- Death penalty if the aggravating circumstances outweigh the mitigating circumstances, or
- Life without parole, or life with eligibility for parole after 20 years, or
- 50 years in prison with the possibility of parole after 20 years.
Furthermore, the court cannot grant probation in lieu of prison for category A felony convictions; prison is mandatory. In addition to incarceration, the court can levy hefty fines and victim restitution payments.
Note that an attempt to commit a category A felony crime is prosecuted as a category B felony. This carries two to 20 years in Nevada State Prison.7
Remember that a criminal defense attorney may be able to negotiate a resolution in which a category A felony charge is significantly reduced to a lesser charge.
The following table spells out the penalty ranges for Nevada’s five categories of felonies:
| Felony Category in Nevada law | Penalties (under Nevada Revised Statutes 193.130) |
| A |
|
| B |
|
| C |
|
| D |
|
| E | 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:
|
3. Jury Trials
If you are charged with a category A felony in Nevada, you can have a trial by jury. Otherwise, you can choose a bench trial.8
4. Record Seals
Nevada law mandates a ten (10) year waiting period to seal category A felony convictions. However, the case is unsealable if the charge was for a
- sex crime,
- crime against a child or
- felony DUI (including the category A felony vehicular homicide).9
That said, category A felony charges that get dismissed can usually be sealed immediately because there is no finding of guilt.10
The following table spells out the record seal wait times for Nevada’s five felony categories:
| Type of Nevada Felony Conviction | Waiting Period to Get a Record Seal |
| Category A felony Crime of violence Burglary of a residence | 10 years after the case closes |
| Category B felony | 5 years after the case closes |
| Category E felony | 2 years after the case closes |
| Sex crimes Crimes against children | never |
5. Immigration Consequences
Any immigrant facing category A felony charges in Nevada will certainly face removal if a court ultimately convicts them. This is because category A felonies in Nevada likely qualify as aggravated felonies, which are deportable.11
Therefore, aliens facing these charges should hire counsel to try to get the D.A. to change it to a non-removable offense.
Frequently Asked Questions
Is probation an option for a category A felony?
No. In Nevada, category A felonies are “non-probationary.” This means that if you are convicted, the judge is required to sentence you to a term in state prison. Unlike lower-level felonies (categories D or E), the court does not have the discretion to grant a suspended sentence or supervised release in lieu of incarceration.
Can a category A felony be reduced to a lower category?
Yes, through a plea bargain. A skilled attorney can often negotiate with prosecutors to reduce a category A charge to a category B or C felony. This is a critical distinction because lower categories carry fixed-term sentences (such as one to 10 or one to 20 years) rather than the “life” sentences mandatory for Category A convictions.
What is the minimum time served before parole eligibility?
It depends on the particular Category A felony. Nevada does not impose the same parole eligibility period for every Category A conviction. Depending on the offense and circumstances, a person may have to serve 2, 5, 10, 15, 20, 25, or 35 years before becoming eligible for parole. Some sentences do not permit parole at all.
We tell clients that parole eligibility is not the same as guaranteed release. It is only the earliest point at which the Nevada Board of Parole Commissioners may consider releasing the person.
Are there financial penalties in addition to prison time?
Yes. While the primary focus of a category A felony is Nevada State Prison, the court can also impose significant fines and mandatory restitution. Restitution requires you to financially compensate victims for medical bills, property damage, or loss of income resulting from the crime. These financial obligations remain even after a prison sentence is completed.
A Category A felony conviction can also affect firearm rights, immigration status, employment, housing, professional licenses, and other opportunities long after sentencing.
Does every Category A felony carry at least 20 years in prison?
No. A Category A felony is an offense for which Nevada law authorizes death or life imprisonment with or without the possibility of parole. However, the minimum period before parole eligibility varies by crime, and some Category A offenses permit parole consideration in fewer than 20 years.
In cases we handle, we examine the specific penalty statute rather than relying only on the “Category A” label. The exact charge, the victim’s age, bodily harm, prior convictions, and other facts can substantially affect the sentence.
What is first-degree murder in Nevada?
First-degree murder generally includes a willful, deliberate, and premeditated killing. It also includes certain killings committed through poison, torture, lying in wait, or during specified serious felonies. First-degree murder is a Category A felony carrying life in prison, 50 years in prison, or potentially the death penalty. See NRS 200.030.
In our experience, murder cases often turn on whether the prosecution can prove premeditation, the defendant’s identity, or the absence of self-defense. Reducing first-degree murder to a lesser homicide offense can dramatically change the potential sentence.
What is first-degree kidnapping in Nevada?
First-degree kidnapping occurs when someone willfully seizes, confines, abducts, conceals, or carries away another person for certain purposes, such as obtaining ransom, committing sexual assault or robbery, killing the person, or inflicting substantial bodily harm. It is a Category A felony under NRS 200.310.
Kidnapping charges can arise from conduct that defendants do not think of as traditional kidnapping. However, the prosecution must prove the required confinement, movement, or abduction and one of the purposes specified by the statute.
Does using a deadly weapon make sexual assault a Category A felony?
Sexual assault is already a Category A felony in Nevada, whether or not the defendant allegedly used a deadly weapon. The applicable sentence depends principally on factors such as the victim’s age, whether substantial bodily harm resulted, and certain prior convictions. However, using a deadly weapon may result in an additional consecutive sentence under NRS 193.165.
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
- NRS 193.130. See, for example, Dion Walter Mason v. The State of Nevada (Nev. App. 2025) 568 P.3d 134; Michael Ralston v. The State of Nevada (Nev. 2025) 141 Nev. Adv. Op. No. 88712.
- NRS 200.030.
- NRS 200.310.
- NRS 200.366.
- NRS 200.710 and NRS 200.720.
- NRS 200.400.
- NRS 193.130. NRS 193.153.
- U.S. Constitution, Sixth Amendment.
- NRS 179.245.
- NRS 179.255.
- 8 USC § 1227.
