“Category A Felony” in Nevada – Law & Penalties

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

Common examples of Category A felonies are such crimes as

• murder,
• first-degree kidnapping,
• rape, and
• using a minor to create child pornography.

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. You are entitled to a jury trial if you do not accept the D.A.’s offer to settle.

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.

The following table spells out the penalty ranges for Nevada’s five categories of felonies:

Felony Category in Nevada law	Penalties (under Nevada Revised Statute 193.130)
A	life in prison with the possibility of parole, life in prison with no parole, or capital punishment (in 1st-degree murder cases where aggravating factors outweigh the mitigating ones)
B	1 – 20 years in prison and a fine (at the judge’s discretion)
C	1 – 5 years in prison and up to $10,000 in fines (at the judge’s discretion)
D	1 – 4 years in prison and up to $5,000 in fines (at the judge’s discretion)
E	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: 1 – 4 years in prison and up to $5,000 in fines (at the judge’s discretion)

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. However, if the charge was for a

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

the case is unsealable.⁹

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

The following table spells out the record seal wait times for Nevada’s five felony categories:

Type of Nevada Felony Conviction	Waiting Period to Get a Record Seal
Category A felony Crime of violence Burglary of a residence	10 years after the case closes
Category B felony Category C felony Category D felony	5 years after the case closes
Category E felony	2 years after the case closes
Sex crimes Crimes against children Felony DUI	never

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.

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