In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Criminal Law A to Z
In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Crimes by NRS Section
Every crime in Nevada is based in a section of the Nevada Revised Statutes (NRS). For each crime, our attorneys explain the laws, penalties and best defenses to fight the charge.
Nevada DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Post-Conviction
Even if you’ve already been convicted of a crime, there is still much you can do to seal your record and restore your rights. Our attorneys explain how.
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Violating your felony probation in Nevada can trigger the judge to un-suspend your original prison sentence, which can be one or more years depending on your case. Though in my experience, it may be possible to persuade the judge not to revoke your probation at all so you can stay out of custody.
By definition, Nevada felonies carry a minimum of one year in state prison. The sentencing range turns on the category of felony:
Nevada felony | Prison range (generally) |
Category E | 1 to 4 years, though in most cases the judge grants probation |
Category D | 1 to 4 years |
Category C | 1 to 5 years |
Category B | 1 to 20 years |
Category A | Life in prison with or without parole1 |
If a judge grants you probation in lieu of prison, your term of probation can last up to five years depending on the criminal charge:
Nevada felony | Maximum probation period |
Violent crimes, sex crimes, and child abuse, neglect, or endangerment | 60 months |
Category B felonies | 36 months |
Category C felonies | 24 months |
Category D felonies | 24 months |
Category E felonies | 18 months |
Once you successfully finish your probationary term, you will be honorably discharged from probation. This means your criminal case is over.2
When a judge grants you probation at your felony sentencing hearing, they will enumerate a list of conditions you need to abide by in order to remain out of prison. Common terms of probation in Nevada include:
If you are later arrested on a suspected probation violation, you are entitled to a probation revocation hearing. This is where the judge will determine if you indeed violated probation and, if so, whether to un-suspend your sentence and remand you to prison.
Although judges can remand you into custody for a felony probation violation, they are not anxious to further crowd Nevada’s prisons over what may have been a minor slip-up. During probation revocation hearings, I have had great success in persuading judges that:
I have had cases where judges let my clients off with just a warning. Sometimes, the judge may add another term of probation (such as house arrest or community service) in exchange for not revoking probation.
My strategy is to take your probation revocation hearing just as seriously as a trial. I introduce all the available favorable evidence and present every possible mitigating factor, such as:
Certainly, the best way to avoid prison is to be extremely careful while on probation and not to do anything that gives the appearance of being in violation.
Judges have the discretion to grant probationers second chances following a probation violation.
For more information, see our related articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.