Category D felonies are the fourth-most-serious class of felonies in Nevada. These offenses are punishable by a sentence of
- one to four years in Nevada State Prison, and
- up to $5,000 in fines.
Examples of category D felonies include such crimes as
Section 193.130(d) of the Nevada Revised Statutes reads:
A category D 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 4 years. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater fine is authorized or required by statute.
Depending on the case, a defense attorney may be able to negotiate a plea bargain that reduces a Category D charge to a lesser offense or has it dropped entirely. If the prosecutor refuses to settle, you may pursue a jury trial.
Category D convictions may usually be sealed five (5) years after the case closes. Under certain circumstances, aliens convicted of felonies risk being deported from the U.S.
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:
|
In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding category D felonies in Nevada.
1. Examples
Category D crimes in Nevada are the most minor class of felonies, second to category E felonies.1 Some examples are:
- Involuntary manslaughter2
- Forgery3
- Unpaid casino markers4
- Third-degree arson5
Note that attempting to commit a category D felony is prosecuted as a “wobbler” crime. Wobblers can be treated as either
- a category E felony or
- a gross misdemeanor.6
Learn more about Nevada wobbler offenses.
2. Penalties
Category D felonies in Nevada carry the following sentencing scheme:
- one to four (1 – 4) years in prison, and
- maybe a fine of up to $5,0007
When Nevada judges order a sentence range for a Nevada felony conviction, the minimum time is not allowed to exceed 40% of the maximum time. For example, if a judge imposes three (3) years in prison, the minimum time must be no more than 14.4 months, which is 40% of three (3) years.8
See our related article, What are the Nevada felony sentencing guidelines?
3. Jury Trials
If you are facing charges for category D felonies in Nevada, you may request a jury trial. Otherwise, you can choose a bench trial.9
4. Record Seals
A Nevada court can seal a category D felony conviction once five (5) years pass from the end of the case. However, felony “crimes of violence” may not be sealed until ten (10) years have passed since the case’s end.
Furthermore, Nevada courts may never seal a felony if it was a:
- sex offense,
- crime against a child, or
- felony DUI10
Nevada has no waiting period to seal any charges that resulted in a dismissal (no conviction).11
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
Category D 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
Non-citizens with certain category D felony convictions are removable from the United States if the offenses qualify as
If the D.A. dismisses the case or reduces it to a non-removable crime, the threat of deportation may vanish.12
Legal References:
- NRS 193.130.
- NRS 200.070.
- NRS 205.090.
- NRS 205.130.
- NRS 205.010.
- NRS 193.153.
- NRS 193.130.
- Id.
- U.S. Constitution, Sixth Amendment.
- NRS 179.245.
- NRS 179.255.
- 8 USC § 1227.
