“Category A Felony” Crimes in Nevada – A Legal Guide

Category A felonies include such Nevada crimes as murder, first-degree kidnapping, rape, and using a minor to create child pornography.

Category A felonies are the most serious class of crimes in the state of Nevada. These crimes are punishable by life in Nevada State Prison, and possibly even the death penalty in a first-degree murder case.

Section 193.130(a) of the Nevada Revised Statutes reads as follows:

“A category A felony is a felony for which a sentence of death or imprisonment in the state prison for life with or without the possibility of parole may be imposed, as provided by specific statute.”

Sometimes the prosecutor will be willing to plea bargain a category A charge down to a lesser felony charge. If you do not accept the D.A.’s offer to settle, you may demand a jury trial.

Category A felonies can be sealed only once ten (10) years have passed since the case ended.  Aliens charged with these crimes face certain deportation unless the case gets thrown out or changed to a non-deportable crime.

Below, our Las Vegas criminal defense attorneys answer common questions about category A felonies in Nevada, including definitions, penalties, and record seal time frames. Click on a topic to go to that section.

• 1. What are Category A felonies in Nevada?
• 2. What are the penalties?
• 3. Is a person entitled to a jury trial?
• 4. Can I seal a category A felony record?
• 5. Do these crimes lead to deportation?

1. What are Category A felonies in Nevada?

Category A felonies in Nevada comprise the most egregious offenses.¹ Some of these include:

• First- or second-degree murder²
• First-degree kidnapping³
• Sexual assault⁴
• Using a minor to create child pornography⁵
• Battery (with intent to commit sexual assault and that results in substantial bodily injury or is done by strangulation)⁶

2. What are the penalties?

Category A felonies carry either of the following sentences in Nevada:

• death (only in first-degree murder cases), or
• life in prison without the possibility of parole, or
• life in prison with the possibility of parole⁷

Remember that a criminal defense attorney may be able to negotiate a resolution where a category A felony charge gets significantly reduced to a lesser charge.

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

3. Is a person entitled to a jury trial?

Yes, if you are charged with a category A felony in Nevada, you can have a trial by jury.⁸

4. Can I seal a category A felony record?

Nevada law mandates a ten (10) year waiting period to seal category A felony convictions. Though if the charge was for a

• sex crime,
• crime against a child or
• felony DUI,

the case is unsealable.⁹

Certainly, category A felony charges that get dismissed can be sealed immediately because there is no finding of guilt.¹⁰

5. Do these crimes lead to deportation?

Any immigrant facing category A felony charges in Nevada will certainly face removal if a court ultimately convicts them. This is because all category A felonies in Nevada qualify as aggravated felonies, which are deportable.¹¹

Therefore, aliens facing these charges should hire counsel to try to get the D.A. to change it to a non-removable offense.

Call us for help…

If you are facing charges for a felony or a misdemeanor, our Las Vegas Criminal Defense Attorneys want to fight for a charge reduction or dismissal. Contact us for a phone meeting to discuss your case.

In Colorado? See our article on class 1 felonies.

---

Legal References