“Suspended Sentences” in Nevada – A Guide to How it Works

In Nevada, a suspended sentence means you can avoid serving your jail or prison sentence as long as you abide by the terms of probation.

In many cases, you can negotiate for a suspended sentence as part of a plea bargain with prosecutors. If the judge approves, they will order the suspended sentence during your sentencing hearing.

However, if you violate probation, the judge can choose to “unsuspend” your sentence and incarcerate you for the full jail or prison term.

In this article, our Las Vegas criminal defense attorneys discuss suspended sentences under Nevada law. Click on a topic below to jump directly to that section:

• 1. Pros and Cons
• 2. Examples
• 3. Eligibility
• 4. Length of Suspended Sentences
• 5. Early Termination
• 6. Probation Violations
• 7. Suspended Fines
• Additional Reading

1. Pros and Cons

The pros of getting a suspended sentence are obvious: You get to remain out of custody and therefore keep your job and go about your normal life.

The cons are that you have to abide by very strict terms of probation. These vary case-by-case in Nevada, but they may include conditions like:

• checking in with your probation officer,
• doing community service,
• undergoing drug testing or treatment,
• following travel restrictions,
• surrendering your firearms, and/or
• taking counseling or classes (such as anger management).

Some people prefer jail to the requirements of a suspended sentence, though this is rare. As criminal defense attorneys, our primary goal is to keep you out of custody.

2. Examples

DUIs

One of the most common Nevada plea deals where judges suspend sentences is for a first-time conviction of misdemeanor DUI.

As a misdemeanor, DUI carries a maximum possible jail sentence of six months. Though in the vast majority of cases, judges will agree to suspend this six-month sentence as long as you do all of the following:

• pay a fine,
• attend DUI School (an online course),
• attend a Victim Impact Panel,
• avoid any further arrests or citations (other than minor traffic tickets) during the duration of the DUI case, and
• keep an ignition interlock device in your vehicles for a certain period of time.

Battery Domestic Violence

Another common Nevada plea deal with a six-month suspended sentence is for first-time convictions of misdemeanor battery domestic violence (BDV). You can remain out of jail as long as you:

• pay a fine,
• complete community service,
• attend counseling,
• abide by the restraining order (if applicable), and
• avoid any further arrests or citations (other than minor traffic tickets) during the duration of the BDV case.

3. Eligibility

Nevada law gives judges the discretion to grant or deny suspended sentences in the vast majority of criminal cases. Predictably, some of the factors judges consider when making their decision include:

• your criminal history (if any),
• the seriousness of your criminal charges,
• whether you are a flight risk or safety risk to the community, and
• your show of remorse.

However, there are some cases where judges cannot grant a suspended sentence and others where they must, as the following table spells out:

For all other Nevada crimes, you can always try to negotiate a plea bargain that results in a suspended sentence in lieu of jail or prison. As long as the prosecutors agree, the judge will usually rubber stamp it.¹

4. Length of Suspended Sentences

The maximum length of a suspended sentence in Nevada depends on the crime category, as the following table shows.

In many cases, the judge may agree to a suspended sentence that is far shorter than the maximum term.²

5. Early Termination

In some cases, the judge may agree to terminate your probation early. Then once you are discharged from probation, there is no longer a suspended sentence hanging over your head.

Judges are more likely to grant an early termination of probation if:

1. you have been compliant with all terms of probation for a substantial period of time, and
2. you have paid all the restitution (if the court ordered any).

6. Probation Violations

If you allegedly violate a term of your probation, you are entitled to a probation revocation hearing where you can ask the judge for a second chance or argue you did nothing wrong. The judge may then elect to either:

• keep you on probation with your sentence suspended or
• revoke your probation and remand you into custody to serve out your “un-suspended” sentence.

Example: Dominique is given a six-month suspended sentence for simple battery. During her last month of probation, Dominique gets arrested for battery again. Since she is still on probation, the judge has the option to revoke her probation, “un-suspend” her sentence, and send her to jail for the full six months. It does not matter that she was nearly done with her probation when the violation occurred.

Winning a probation revocation hearing is actually harder than a criminal trial because the prosecutor has a lower burden of proof. Then, if the judge revokes your probation, you usually cannot appeal it.

That is why it is so important to have an experienced criminal defense attorney fighting for you during all phases of your criminal case.

7. Suspended Fines

In rare criminal cases, Nevada judges can also order a suspension of your fine payment. This means you will not have to pay the fine unless you violate the other terms of your sentence.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Adult Probation Parole and Suspended Sentence – Journal of American Institute of Criminal Law & Criminology.
• Suspended Sentence and Adult Probation – Texas Law Review.
• Suspended Sentences – Current Legal Problems article about how suspended sentences work and their utility.
• Suspension of Execution of Sentence: An Examination of Judicial Power – Tulsa Law Journal.
• Suspended Sentences and Freestanding Probation Orders in U.S. Guideline Systems: A Survey and Assessment – Law & Contemporary Problems.

Legal References