Category A Felony in Nevada (NRS 193.130)

Category A felonies are the most serious class of Nevada crimes. The sentencing may include life in Nevada State Prison, and possibly death in a first-degree murder case. Examples of Category A felonies include first and second-degree murder, kidnapping, sexual assault and battery causing substantial bodily harm.

Sometimes the prosecutor will be willing to plea bargain a category A charge down to a lesser felony charge. If the defendant does not accept the D.A.’s offer to settle, the defendant 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 category A felonies face certain deportation unless the case gets thrown out or changed to a non-deportable crime.

Below, our Las Vegas criminal defense attorneys answer frequently-asked-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 a category A felony record be sealed?
• 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.

3. Is a person entitled to a jury trial?

Yes, everyone charged with a category A felony in Nevada may have a jury trial.⁸

4. Can a category A felony record be sealed?

Nevada law mandates a ten (10) year waiting period to get category A felonies sealed. But if the category A felony was for a sex crime, crime against a child or felony DUI, the case can never get sealed.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 they are ultimately convicted. This is because all category A felonies in Nevada qualify as aggravated felonies, which are deportable.¹¹

Therefore, aliens accused of category A felonies should hire counsel to try to get the charge changed to a non-removable offense. Learn more about the criminal defense of immigrants in Nevada.

Call us for help . . . .

If you have been charged with a felony or a misdemeanor, our Las Vegas Criminal Defense Attorneys want to try to get your charges reduced or dismissed. Contact us for a free phone meeting to discuss your case.

In Colorado? See our article on class 1 felonies.

Legal References