Nevada Felony Sentencing Guidelines – What you need to know

Posted on February 8, 2023

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:

However, statutes can spell out different penalty ranges specific to the 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

What is 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 can be no more than 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 do 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 lax 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

How are wobblers different from 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 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.

Legal References

About the Author

Neil Shouse

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.