In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Misdemeanor » What's the Difference Between a Misdemeanor and a Gross Misdemeanor?
Gross Misdemeanors in Nevada
|1) Standard penalties||Misdemeanor convictions:
|Gross misdemeanor convictions:
|2) Right to a jury trial||Misdemeanor charges:
|Gross misdemeanor charges:
|3) Waiting time to get a record seal||Misdemeanor convictions:
|Gross misdemeanor convictions:
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, Court TV, 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.
Misdemeanor in Nevada under NRS 453.566 to possess drug paraphernalia in casinos (or any location). Penalties include: up to 6 months in jail, and/or up to $1,000 in fines Housekeeping staff who find paraphernalia in hotel rooms might inform their bosses, who may then call the police. Therefore, it is strongly recommended that tourists not bring, buy, ...
Yes, but less so now that LADA (Los Angeles District Attorney) has adopted Special Directive 20-07. In attempt to promote rehabilitation over punishment, LADA will decline to press charges in many California misdemeanor cases. Instead, LADA will divert these suspects to treatment providers (called “diversion“) in attempt to keep them from reoffending. Which misdemeanors is ...
A misdemeanor arraignment hearing is usually the first formal court hearing in a criminal case in which a defendant is charged with a misdemeanor offense. During the hearing in most jurisdictions, the court advises the accused of his/her Constitutional rights, the issue of bail and release is determined, the defendant learns of the specific charges ...
Misdemeanors and infractions are two types of crimes under California law. A misdemeanor is a more serious crime than an infraction. A person guilty of this type of offense faces a maximum sentence of no more than one year in county jail. Offenders can also face a maximum fine of $1,000. A few examples of ...