"Category C Felonies" in Nevada - Definition & Penalties

Q: What are Category C felonies?

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. 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); Grand larceny (if the value of the property is from $5,000 to under $25,000); Buying or receiving stolen goods (if the value of the property is from $5,000 to under $25,000); Cyber-stalking (with use of the internet, text-messaging or similar device); and Violating an extended protective order (for protection of children).

Q: What are the penalties?

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 $10,000.

Q: 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: crime involving moral turpitude, and/or aggravated felony.

“Category C Felonies” in Nevada – Definition & Penalties

Category C felonies are the third most serious class of felony crimes in Nevada. The maximum punishment for these offenses is five (5) years in Nevada State Prison and $10,000.00 in fines.

The list of Category C felonies includes carrying a concealed weapon without a permit, “low level” drug possession, battery with substantial bodily harm or strangulation, and burglary of a business.

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.

Nevada has a five (5) year waiting period to seal category C convictions. Aliens charged with category C felonies risk being deported unless the case gets dismissed or changed to a non-deportable offense.

The following table spells out the penalty ranges for Nevada’s five categories of felonies:

Felony Category in Nevada law	Penalties (under Nevada Revised Statute 193.130)
A	life in prison with the possibility of parole, life in prison with no parole, or capital punishment (in 1st-degree murder cases where aggravating factors outweigh the mitigating ones)
B	1 – 20 years in prison and a fine (at the judge’s discretion)
C	1 – 5 years in prison and up to $10,000 in fines (at the judge’s discretion)
D	1 – 4 years in prison and up to $5,000 in fines (at the judge’s discretion)
E	Probation and a suspended sentence with a possible jail sentence of up to 1 year. Though if you have two or more prior felony convictions, the court may order: 1 – 4 years in prison and up to $5,000 in fines (at the judge’s discretion)

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.

Person behind bars for committing a category C felony in Nevada

The prison range for category C felonies in Nevada is one to five years.

1. What are Category C felonies?

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?

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?

A jury box. Only felony defendants in Nevada may have a jury trial.

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 is usually sealable 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 seal.¹²

The following table spells out the record seal wait times for Nevada’s five felony categories:

Type of Nevada Felony Conviction	Waiting Period to Get a Record Seal
Category A felony Crime of violence Burglary of a residence	10 years after the case closes
Category B felony Category C felony Category D felony	5 years after the case closes
Category E felony	2 years after the case closes
Sex crimes Crimes against children Felony DUI	never

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:

crime involving moral turpitude, and/or
aggravated felony¹³

Getting the prosecutor to lower the charge to a non-deportable offense or a dismissal may be possible.

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.

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