Updated April 19, 2020
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?
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
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.
Yes, everyone charged with a category A felony in Nevada may have a jury trial.8
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
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.