“Category E Felony” in Nevada – Law & Penalties

Category E felonies are the least serious class of felony crimes in Nevada. A conviction is punishable by probation and a suspended sentence. However, if you have two prior felony convictions, the judge may impose:

• 1 to 4 years in state prison, and
• a fine of up to $5000.00.

The list of Category E felonies includes crimes such as:

• first-time auto burglary,
• gang recruitment,
• welfare fraud, and
• most cases of drug possession.

Section 193.130(e) of the Nevada Revised Statutes reads as follows:

A category E 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. Except as otherwise provided in paragraph (b) of subsection 1 of NRS 176A.100 or paragraph (a) of subsection 2 of NRS 453.336, upon sentencing a person who is found guilty of a category E felony, the court shall suspend the execution of the sentence and grant probation to the person upon such conditions as the court deems appropriate. Such conditions of probation may include, but are not limited to, requiring the person to serve a term of confinement of not more than 1 year in the county jail. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater penalty is authorized or required by statute.

As with all criminal cases, it may be possible to plea bargain a category E charge down to a lesser offense or a full dismissal. If no deal can be reached, you can get a jury trial.

Category E convictions are sealable two (2) years after the case closes. Depending on the offense, aliens with felony convictions may face deportation from the U.S.

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 E felonies in Nevada:

• 1. Examples
• 2. Penalties
• 3. Jury Trials
• 4. Sealing Records
• 5. Immigration Consequences

1. Examples

Category E crimes in Nevada are the least severe class of felonies. But they are still more serious than:

• gross misdemeanors and
• misdemeanors.^{1 2}
  

Common examples are:

• Criminal gang recruitment (by an adult)³
• A second offense of peeping with a camera or recorder ⁴
• A first or second offense of marijuana possession of more than one (1) ounce.⁵

Note that attempting to commit a Category E felony is a “wobbler” crime that prosecutors can bring as either a Category E felony or a gross misdemeanor.⁶ Learn more about wobbler offenses.

2. Penalties

Nevada courts grant probation to you if you are convicted of a category E felony. This means the judge will suspend a jail sentence as long as you stay out of trouble and fulfill other court-ordered requirements.

The only time the judge may impose prison instead of probation is if you have two or more prior felony convictions. The maximum penalties may include:

• one to four (1 – 4) years in Nevada State Prison, and
• a fine of up to $5,000⁷

For certain charges of first- or second-time recreational drug possession (NRS 453.336), the judge will impose a deferral of judgment if you plead:

• guilty or
• no contest.

As long as you complete certain court-ordered terms, the case will be dismissed (which means there will be no conviction).

When a judge imposes a sentence range for a Nevada felony conviction, the minimum time cannot exceed 40% of the maximum time. For example, if a judge orders someone to a maximum prison term of four (4) years, the minimum time must be no more than 19.2 months, which is 40% of four (4) years.⁸

3. Jury Trials

If you are charged with a category E felony in Nevada, you have the constitutional right to a jury trial. Otherwise, you can choose a bench trial.⁹

4. Sealing Records

Category E felony convictions can usually be sealed two (2) years after the case closes. Though the case can never be sealed if it involves:

• a crime against children,
• a sex crime, or
• felony DUI.¹⁰

If the case gets dismissed (which means there is no conviction), you can start the record seal process immediately.¹¹

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

5. Immigration Consequences

Although category E felonies are the least serious class of felonies, some of them involve crimes of moral turpitude (CIMT). Aliens who committed a CIMT risk deportation, which is why non-citizens should retain counsel to attempt to reduce their charges to a non-deportable offense.¹²

Legal References