Category C felonies are the third most serious class of felony crimes in Nevada. The maximum punishment Nevada courts may impose is:
- five (5) years in Nevada State Prison, and
- maybe $10,000 in fines
Section 193.130(c) of the Nevada Revised Statutes reads that:
A category C felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years. In addition to any other penalty, the court may impose a fine of not more than $10,000, unless a greater fine is authorized or required by statute.
In many cases, it may be possible to plea bargain a category C charge down to a more minor offense or case dismissal. If the D.A. will not settle the case, you may demand a jury trial.
There is a five (5) year waiting period to seal category C convictions in Nevada. Aliens charged with category C felonies risk being deported unless the case gets dismissed or changed to a non-deportable offense.
Below our Las Vegas criminal defense attorneys answer frequently-asked-questions about category C felonies in Nevada, including definitions, penalties, and record seal time frames.
- 1. What are Category C felonies in Nevada?
- 2. What are the penalties for a Category C felony in Nevada?
- 3. Can I get a jury trial?
- 4. Can I get my record sealed?
- 5. Will I be deported?
The prison range for category C felonies in Nevada is one to five years.
1. What are Category C felonies in Nevada?
Category C felonies are the “middle-ground” class of crimes in Nevada between “category A” (which are the most serious) and “category E” (which are the least serious) felonies.1
Some of the most frequently prosecuted category C felonies are:
- A third offense of battery domestic violence (that does not result in substantial bodily harm)2
- Grand larceny (if the value of the property is from $5,000 to under $25,000)3
- Buying or receiving stolen goods (if the value of the property is from $5,000 to under $25,000)4
- Cyber-stalking (with use of the internet, text-messaging or similar device)5
- Violating an extended protective order (for the protection of children)6
Note that Nevada D.A.s prosecute attempts to commit a category C felony as “wobblers.” Wobblers may be treated as either
- a category D felony or
- a gross misdemeanor.7
Learn more about Nevada wobbler offenses.
2. What are the penalties for Category C felonies in Nevada?
Category C felonies in Clark County carry a sentence of:
- one to five (1 – 5) years in prison, and
- maybe a fine of up to $10,0008
When the court imposes a prison sentence for a Nevada felony conviction, the minimum time range may not exceed 40% of the maximum time. For example, if the maximum prison time is five (5) years, the minimum time cannot be more than two (2) years, which is 40% of five (5) years.9
See our related article, What are the Nevada felony sentencing guidelines?
Category C defendants have the right to a jury trial in Nevada.
3. Can I get a jury trial?
If you are charged with a category C felony in Nevada, you have the right to a trial by jury.10
4. Can I get my record sealed?
Yes, a category C felony conviction can usually be sealed five (5) years after the sentence ends. Note that violent felony crimes have a ten (10) year waiting period. Also, the following offenses may never get sealed:
- sex crimes,
- crimes against a child, or
- felony DUI11
If the case results in a dismissal (which means there is no finding of guilt), you do not have to wait to get a record sealed for a category C felony charge.12
5. Will I be deported?
Aliens charged with category C felonies in Nevada risk deportation from the U.S. if the crime qualifies as either a:
It may be possible to persuade the prosecutor to lower the charge to a non-deportable offense or a dismissal.
Legal References
- NRS 193.130.
- NRS 200.485.
- NRS 205.220.
- NRS 205.275.
- NRS 200.575.
- NRS 33.400.
- NRS 193.330.
- NRS 193.130.
- Id.
- U.S. Constitution, Sixth Amendment.
- NRS 179.245.
- NRS 179.255.
- 8 USC § 1227.