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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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 |
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Category B felony |
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Category C felony |
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Category D felony |
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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:
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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
Depending on the felony case, Nevada judges can sentence you to:
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.
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:
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:
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
Wobbler crimes are offenses that judges can sentence as either a
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:
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.
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.