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, misdemeanor, or possibly a full dismissal. If the criminal defense attorney and D.A. cannot reach a resolution out of court, the defendant may ask for a jury trial.
Many category B convictions may be sealed after a five (5) or ten (10) year waiting period. And non-U.S. citizens accused of category B felonies risk getting deported unless the case gets dropped or changed to a non-deportable crime.
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 for a Category B felony in Nevada?
- 4. Can I get a Category B felony sealed?
- 5. Will I get deported for a Category B felony?
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 someone 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
3. Can I get a jury trial for a Category B felony in Nevada?
Yes, people facing category B charges in Nevada have the right to a trial by jury.9
4. Can I get a Category B felony sealed?
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. But 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. Will I get deported for a Category B felony?
Possibly. Many category B felonies qualify as aggravated felonies and/or crimes involving moral turpitude, which are deportable. But if the charges get reduced to a non-deportable offense, alien defendants may be able to stay in the U.S. 12 Learn more at our informational page on the criminal defense of non-citizens in Nevada.
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 free 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.