In Nevada, felonies carry a minimum sentence of one year in Nevada State Prison. Though in many cases, the judge can grant you probation in lieu of prison.
There are five different felony categories, each with its own default penalty range:
| Felony | Nevada Sentence |
| Category A felony |
|
| Category B felony |
|
| Category C felony |
|
| Category D felony |
|
| Category E felony | Probation and a suspended sentence with a possible 1-year jail sentence. Though if you have two or more prior felony convictions, the judge may order 1 to 4 years in prison and possibly up to $5,000 in fines |
However, statutes can specify different penalty ranges for each crime.1
For instance, robbery is a category B felony that carries two to 15 years (if no deadly weapon is used).2 Voluntary manslaughter is a category B felony that carries one to 10 years in prison.3
The 40% Rule
Depending on the felony case, Nevada judges can sentence you to:
- a specific number of years in prison, or
- a range of years in prison.
If a judge imposes a sentencing range, the minimum cannot exceed 40% of the maximum.4
Example: Jack is convicted of burglary of a residence, which carries one to 10 years in prison. If the judge wants to sentence Jack to a maximum of 10 years, then the minimum can be no less than four years since four is 40% of 10 years.
Also, depending on the case, you may be able to be released early on parole.
How Judges Decide on Felony Sentences
If you are convicted of a crime in Nevada, you are entitled to a sentencing hearing. This is where you can present mitigating factors to the judge in an effort to sway them to grant a lenient sentence.
Examples of mitigating factors are:
- You were abused as a child;
- You have been cooperative with the police and prosecutors; and/or
- You have been a model inmate.
The sentencing hearing is also where prosecutors can present aggravating factors in an effort to sway the judge to give you a harsh sentence. Examples of aggravating factors are:
- You tortured the victim;
- Your victim was underage or disabled;
- You used a deadly weapon.
Sentencing hearings look similar to trials since both parties can present evidence and call witnesses, though the rules of evidence are much more relaxed.5
Wobblers vs. Felonies
Wobbler crimes are offenses that judges can sentence as either a
- felony or
- gross misdemeanor.
Wobblers comprise attempts to commit a category C-, D-, or E felony. An example of a wobbler is attempted battery causing substantial bodily harm, but with no deadly weapon.
Obviously, it is preferable to be sentenced to a gross misdemeanor since the penalties are less harsh:
- Up to 364 days in jail and/or
- Up to $2,000 in fines.6
Furthermore, gross misdemeanor sentences are served in county jail, whereas prison sentences are served in state prison.
See our related article on reducing felonies to misdemeanors in Nevada.
Felonies carry a minimum of one year in Nevada State Prison, though probation is possible in some cases.
Frequently Asked Questions
What is the difference between a Category A and Category E felony in Nevada?
Category A is the most severe class of felony (for example., first-degree murder, kidnapping) and carries the harshest penalties, including life in prison or the death penalty. Category E is the least severe class of felony; for first-time offenders, Nevada law generally requires judges to grant probation and a suspended sentence rather than immediate prison time.
Does a felony conviction always mean prison time in Nevada?
No. While all felonies can carry state prison sentences, it is not always mandatory. Depending on the felony category, the specific charges, and your criminal history, a judge may have the discretion to grant probation instead of sending you to prison.
Can a Nevada felony be reduced to a lesser charge?
Yes, in many cases. A defense attorney may be able to negotiate a plea agreement with prosecutors to reduce a felony charge to a gross misdemeanor or a standard misdemeanor. Additionally, certain lower-level felony attempts are considered “wobblers,” meaning the judge can choose to sentence them as either a felony or a gross misdemeanor.
What is the “40% rule” in Nevada sentencing?
The 40% rule dictates how judges structure prison sentences that have a range of years. Under Nevada law, the minimum prison term a judge imposes cannot exceed 40% of the maximum term. For example, if the maximum sentence is set at 10 years, the minimum sentence cannot be more than 4 years.
How do judges decide the exact sentence within a felony category’s range?
Judges hold a sentencing hearing where they weigh “aggravating factors” (details that make the crime worse, like using a weapon) against “mitigating factors” (details that favor leniency, like a clean prior record or taking responsibility). These factors guide the judge in deciding whether to issue a lighter or harsher sentence within the legal limits.
Additional Resources
For more information, refer to the following:
- Nevada Department of Corrections (NDOC): This is the state agency responsible for the incarceration and supervision of offenders in Nevada’s state prisons and for parole.
- Reentry Services: Part of NDOC that aims to help offenders reintegrate into society.
- Innocence Center of Nevada (ICON): A non-profit dedicated to exonerating the wrongfully convicted and reforming the criminal justice system in Nevada.
- Rocky Mountain Innocence Center (RMIC): A non-profit that covers Utah, Nevada, and Wyoming, providing pro bono post-conviction innocence investigation and litigation services.
- Hope for Prisoners: A non-profit that helps individuals transitioning from correctional facilities reintegrate into the workforce and society.
Legal References
- NRS 193.120. NRS 193.130. See also Baldwin v. New York (1970) 399 U.S. 66.
- NRS 200.380.
- NRS 200.050.
- NRS 193.130.
- See, for example, Barlow v. State (2022) ; Joseph Michael Baird v. State of Nevada (Nev. App., 2025) No. 90073-COA.
- NRS 193.153.
