Category B felonies are the second most serious class of felony crimes in Nevada. It carries a maximum sentence in Nevada State Prison of twenty (20) years.
In the majority of criminal cases, category B felonies can be plea-bargained down to
- a lesser felony,
- a misdemeanor, or
- possibly a full dismissal.
If the criminal defense attorney and D.A. cannot reach a resolution out of court, you may ask for a jury trial.
Many category B convictions may be sealed after a five (5) or ten (10) year waiting period. Non-U.S. citizens accused of category B felonies risk getting deported unless the case gets dropped or changed to a non-deportable crime.
The statute NRS 193.130(b) reads:
A category B felony is a felony for which the minimum term of imprisonment in the state prison that may be imposed is not less than 1 year and the maximum term of imprisonment that may be imposed is not more than 20 years, as provided by specific statute.
Below our Las Vegas criminal defense attorneys answer frequently-asked-questions about category B felonies in Nevada, including definitions, penalties, and record seal time frames. Click on a topic to go to that section.
- 1. What are Category B felonies in Nevada?
- 2. What are the penalties for a Category B felony in Nevada?
- 3. Can I get a jury trial?
- 4. Is the record sealable?
- 5. What are the immigration consequences?
Category B felonies in Nevada carry up to 20 years in prison.
1. What are Category B felonies in Nevada?
Category B felonies in Nevada are considered the second most serious offense in the state after category A felonies.1 Typical category B crimes are:
- Voluntary manslaughter2
- Invasion of the home3
- Grand larceny (if the value of the property is $25,000 or more)4
- Second-degree kidnapping5
- Robbery6
2. What are the penalties for Category B felonies in Nevada?
Category B felonies in Nevada carry the following sentence:
- one to twenty (1 – 20) years in prison, and
- maybe a fine depending on the crime7
When a Nevada judge imposes a prison sentence range for a felony conviction, the minimum cannot exceed 40% of the maximum. For example, if a judge orders you to a maximum prison term of twenty (20) years, the minimum time has to be no more than eight (8) years, which is 40% of twenty (20) years.8
Category B felony defendants who go to trial may choose between a jury trial or a bench trial.
3. Can I get a jury trial?
Yes, if you are facing category B charges in Nevada, you have the right to a trial by jury.9
4. Is the record sealable?
Category B felonies that are violent crimes have a ten (10) year record seal waiting period. Burglary of a residence also carries a ten (10) year record sealing waiting period. This waiting period begins only after the case closes.
Otherwise, category B felonies in Nevada can be sealed five (5) years after the case is closed. Though the case can never be sealed if the charge was for:
- sex crimes,
- crimes against children, or
- felony DUI10
In cases where the category B charge gets dropped (so there is no conviction), the court can comply with a record seal request right away.11
5. What are the immigration consequences?
Many category B felonies qualify as aggravated felonies and/or crimes involving moral turpitude, which are deportable. Though if the charges get reduced to a non-deportable offense, alien defendants may be able to stay in the U.S. 12
Phone us for help . . . .
If you are facing Nevada charges for a felony or a misdemeanor, our Las Vegas Criminal Defense Attorneys may be able to get them reduced or dismissed. Call us for a phone consultation to talk about your case.
Legal References:
- NRS 193.130.
- NRS 200.050.
- NRS 205.067.
- NRS 205.220.
- NRS 200.310.
- NRS 200.380.
- NRS 193.130.
- Id.
- U.S. Constitution, Sixth Amendment.
- NRS 179.245.
- NRS 179.255.
- 8 USC § 1227.