Category A felonies are the most serious class of crimes in the state of Nevada. The sentencing may include life in Nevada State Prison, and possibly even the death penalty 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 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 category A felonies face certain deportation unless the case gets thrown out or changed to a non-deportable crime.
NRS 193.130(a) 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.
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?
All category A felonies in Nevada carry a life sentence. Some have the possibility of parole. Only first-degree murder may carry the death penalty.
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, if you are charged with a category A felony in Nevada, you are entitled to a trial by jury.8
Jury trials are available to category A felony defendants in Nevada.
4. Can a category A felony record be sealed?
Nevada law mandates a ten (10) year waiting period to get category A felonies sealed. Though 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.
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 phone meeting to discuss your case.
In Colorado? See our article on class 1 felonies.
Legal References
- NRS 193.130.
- NRS 200.030.
- NRS 200.310.
- NRS 200.366.
- NRS 200.710 and NRS 200.720.
- NRS 200.481.
- NRS 193.130.
- U.S. Constitution, Sixth Amendment.
- NRS 179.245.
- NRS 179.255.
- 8 USC § 1227.