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.
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
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Difference |
Misdemeanors versus Gross Misdemeanors in Nevada |
1) Standard penalties | Misdemeanor convictions:
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Gross misdemeanor convictions:
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2) Right to a jury trial | Misdemeanor charges:
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Gross misdemeanor charges:
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3) Waiting time to get a record seal | Misdemeanor convictions:
Exceptions:
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Gross misdemeanor convictions:
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Misdemeanors are the least serious class of crime in Nevada. Even minor traffic violations are considered misdemeanors (not infractions like in California).
Common examples of Nevada misdemeanors include:
As the least serious class of offense, misdemeanors carry a maximum penalty of:
It is rare for judges to impose jail for a first-time offense.
If a defendant wishes to go to trial on a misdemeanor charge, the defendant may not have a jury trial (unless the charge is for battery domestic violence). This is because the constitutional right to a jury only applies when the defendant faces more than six (6) months in jail. However, the defendant does have the right to a bench trial, where the judge determines the verdict.
With some exceptions, people convicted of misdemeanors can petition the court to seal their criminal record after one (1) year has passed since the case ended. However, there is a two (2) year wait time to seal misdemeanor convictions of:
And the waiting time is seven (7) years for misdemeanor convictions of:
Gross misdemeanor crimes are more serious than misdemeanors but less serious than felonies in Nevada. Common gross misdemeanors include:
The maximum penalties for gross misdemeanors are twice that of misdemeanors:
Defendants accused of a gross misdemeanor have the right to a trial by jury. But they can also choose to have a bench trial instead, where a judge and not a jury decides the verdict.
People convicted of gross misdemeanors must wait two (2) years after the case ends to pursue a record seal.
Note that some Nevada crimes are “wobblers,” which means they can be either gross misdemeanors or felonies. Examples of Nevada wobblers include:
Felony punishments carry at least one (1) year in Nevada State Prison, though it may be possible to receive probation in lieu of incarceration.
NRS 193.140 Punishment of gross misdemeanors. Every person convicted of a gross misdemeanor shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment, unless the statute in force at the time of commission of such gross misdemeanor prescribed a different penalty.
NRS 193.150 Punishment of misdemeanors.
1. Every person convicted of a misdemeanor shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment, unless the statute in force at the time of commission of such misdemeanor prescribed a different penalty.
2. In lieu of all or a part of the punishment which may be imposed pursuant to subsection 1, the convicted person may be sentenced to perform a fixed period of community service pursuant to the conditions prescribed in NRS 176.087.
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.