“Category C Felonies” in Nevada – Definition & Penalties

Category C felonies are the third-most-serious class of felonies in Nevada. The maximum punishment for these offenses is

• five (5) years in Nevada State Prison and
• $10,000.00 in fines.

The list of Category C felonies includes

• carrying a concealed weapon without a permit,
• “low-level” drug possession,
• battery with substantial bodily harm or strangulation, and
• burglary of a business.
  
  Section 193.130(c) of the Nevada Revised Statutes reads that:

A category C felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years. In addition to any other penalty, the court may impose a fine of not more than $10,000, unless a greater fine is authorized or required by statute.

In many cases, it may be possible to plea-bargain a category C charge down to a lesser offense or to a case dismissal. If the D.A. will not settle the case, you may demand a jury trial.

Nevada has a five (5) year waiting period to seal category C convictions. Aliens charged with category C felonies risk being deported unless the case gets dismissed or changed to a non-deportable offense.

The following table spells out the penalty ranges for Nevada’s five categories of felonies:

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding category C felonies in Nevada.

• 1. Examples
• 2. Penalties
• 3. Jury Trials
• 4. Record Seals
• 5. Immigration Consequences

1. Examples

Category C felonies are the “middle-ground” class of crimes in Nevada between “category A” (which are the most serious) and “category E” (which are the least serious) felonies.¹

Some of the most frequently prosecuted category C felonies are:

• A third offense of battery domestic violence (that does not result in substantial bodily harm)²
• Grand larceny (if the value of the property is from $5,000 to under $25,000)³
• Buying or receiving stolen goods (if the value of the property is from $5,000 to under $25,000)⁴
• Cyber-stalking (with use of the internet, text-messaging or similar device)⁵
• Violating an extended protective order (for the protection of children)⁶

Note that Nevada D.A.s prosecute attempts to commit a category C felony as “wobblers.” Wobblers may be treated as either

• a category D felony or
• a gross misdemeanor.⁷

Learn more about Nevada wobbler offenses.

2. Penalties

Category C felonies in Clark County carry a sentence of:

• one to five (1 – 5) years in prison, and
• maybe a fine of up to $10,000⁸

When the court imposes a prison sentence for a Nevada felony conviction, the minimum time range may not exceed 40% of the maximum time. For example, if the maximum prison time is five (5) years, the minimum time cannot be more than two (2) years, which is 40% of five (5) years.⁹

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

3. Jury Trials

If you are charged with a category C felony in Nevada, you have the right to a trial by jury. Otherwise, you can choose a bench trial.¹⁰

4. Record Seals

Yes, a category C felony conviction is usually sealable five (5) years after the sentence ends. Note that violent felony crimes have a ten (10) year waiting period. Also, the following offenses may never get sealed:

• sex crimes,
• crimes against a child, or
• felony DUI¹¹

If the case results in a dismissal (which means there is no finding of guilt), you do not have to wait to get a record sealed.¹²

The following table spells out the record seal wait times for Nevada’s five felony categories:

5. Immigration Consequences

Aliens charged with category C felonies in Nevada risk deportation from the U.S. if the crime qualifies as either a:

• crime involving moral turpitude, and/or
• aggravated felony¹³

Getting the prosecutor to lower the charge to a non-deportable offense or a dismissal may be possible.

Legal References