“Felony” Crimes in Nevada – Law, Sentencing, Record Seals

In Nevada, a felony is a crime punishable by one year or longer in state prison. There are five types of felonies ranging from category A felonies (the most serious) to category E felonies (the least serious).

Here are five key things to know:

1. All felonies are more serious than misdemeanor and gross misdemeanor offenses.
2. Everyone charged with a felony is entitled to a jury trial.
3. Even if you avoid incarceration by felony probation or a plea bargain, having any criminal record can hinder future job opportunities.
4. The waiting period to get a felony record sealed ranges from 2 to 10 years or sometimes never, depending on the crime.
5. Non-citizens convicted of certain aggravated felonies face deportation from the U.S.

In this article, our Las Vegas felony lawyers will address the following key issues:

• 1. What are felonies?
• 2. Penalties
• 3. Jury Trials
• 4. Record Seals
• 5. Immigration
• Additional Resources

Felony sentences are served in state prison, not county jail.

1. What are felonies?

Felony charges are the most harshly punished crimes in Nevada.¹ The second most serious class of crimes are gross misdemeanors, and the least serious are misdemeanors.²

Under NRS 193.130, Nevada has five categories of felony offenses. They are (ranging from most serious to most minor):

• Category A felonies, such as first- or second-degree murder or sexual assault
• Category B felonies, such as reckless driving with substantial injury, robbery or home invasion
• Category C felonies, such as violating a protection order, domestic violence with strangulation, battery with substantial bodily harm, or internet stalking
• Category D felonies, such as involuntary manslaughter, forgery or unpaid casino markers
• Category E felonies, such as first-time auto burglary

Note that attempting to commit a category C, D or E felony is a “wobbler” that can be punished as either a felony or a gross misdemeanor.³

Also note that the category of certain theft crimes like grand larceny depends on the amount stolen.⁴

2. Penalties

The punishment for a Nevada felony depends on the category:

• Category A felonies:  Life in prison with or without the possibility of parole; the death penalty is an option in certain first-degree murder cases.
• Category B felonies:  1 to 20 years in prison and possibly a fine.
• Category C felonies:  1 to 5 years in prison and up to $10,000 in fines.
• Category D felonies:  1 to 4 years in prison and up to $5,000 in fines.
• Category E felonies:  Probation and a suspended sentence, with a possible jail sentence of up to 1 year. (Though if you have two or more prior felony convictions, the court may order a prison term of 1 to 4 years and up to $5,000.)⁵

It may be possible to get even the most serious charges reduced to lesser offenses as part of a plea bargain or dismissed outright. The judge may also grant alternative sentences to prison, such as house arrest with electronic monitoring.

3. Jury Trials

If you are facing a felony charge in Nevada, the United States Constitution’s Sixth Amendment entitles you to a jury trial. If you do not want a jury trial, you may have a bench trial where the judge instead of a jury returns the verdict.⁶

All felony defendants in Nevada may have a jury trial.

4. Record Seals

Three types of crimes can never be sealed in Nevada:

1. Sex crimes,
2. Crimes against children, and
3. Felony DUI.

Violent crimes as well as burglary of a residence may not be sealed until 10 years after the case closes.

Otherwise, felonies may be sealed after specified time periods depending on the category:

• Category A felony convictions may be sealed 10 years after the case is closed.
• Category B felony convictions may be sealed 5 years after the case is closed.
• Category C felony convictions may be sealed 5 years after the case is closed.
• Category D felony convictions may be sealed 5 years after the case is closed.
• Category E felony convictions may be sealed 2 years after the case is closed.

Note there is no waiting period to seal felonies that get dismissed (meaning there is no conviction). Also, the judge has final discretion over whether to grant a record seal request.⁷

Crimes that get dismissed are sealable immediately in Nevada.

5. Immigration

Non-citizens in Nevada face deportation for being convicted of an aggravated felony or crimes involving moral turpitude. Examples of deportable crimes include:

• murder,
• rape (including statutory rape),
• child pornography,
• kidnapping,
• drug trafficking,
• racketeering,
• fraud or tax evasion involving more than $10,000, and
• theft or violent crime with a sentence order of at least one (1) year.⁸

Aliens arrested for any crime in Nevada should retain experienced counsel as soon as possible. The prosecutor may agree to dismiss the case or reduce it to a non-deportable offense.

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.

See our related article, What are the Nevada felony sentencing guidelines?

Legal References