Non-citizens convicted of certain category D felonies may be removed from the United States if the offenses qualify as crimes involving moral turpitude or aggravated felonies. If the charge can be dismissed or changed to a non-removable crime, the threat of deportation may vanish.

Nevada "Category D" Felonies - Law, Penalties, Defenses

Q: What are Category D felonies in Nevada?

Category D crimes in Nevada are the most minor class of felonies, second to category E felonies. Some examples of category D felonies are: Involuntary manslaughter, forgery, unpaid casino markers, or third-degree arson. Note that attempting to commit a category D felony is prosecuted as a "wobbler" crime. Wobblers can be treated as either a category E felony or a gross misdemeanor.

Q: What are the penalties for Category D felonies in Nevada?

Category D felonies in Nevada carry the following sentencing scheme: one to four (1 - 4) years in prison, and maybe a fine of up to $5,000.

Q: Can I get a record seal?

A Nevada court can seal a category D felony conviction once five (5) years pass from the end of the case. Though felony "crimes of violence" may not be sealed until ten (10) years have passed since the case's end.

Category D felonies are the fourth most serious class of felony crimes in Nevada. These offenses are punishable by a sentence of one to four years in Nevada State Prison, and up to $5,000 in fines

Depending on the case, a defense attorney may be able to plea bargain a category D charge down to a reduced offense or get it dropped completely. If the prosecutor refuses to settle, you may pursue a jury trial.

Category D convictions may usually be sealed five (5) years after the case closes. Under certain circumstances, aliens convicted of category D felonies risk being deported from the U.S.

NRS 193.130(d) reads:

A category D 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 4 years. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater fine is authorized or required by statute.

Below our Las Vegas criminal defense attorneys answer frequently-asked-questions about category D felonies in Nevada, including

definitions,
punishments, and
record seal time frames.

Person behind bars following a category D felony conviction in Nevada.

Category D felonies have a minimum penalty of one year in prison.

1. What are Category D felonies in Nevada?

Category D crimes in Nevada are the most minor class of felonies, second to category E felonies.¹ Some examples of category D felonies are:

Note that attempting to commit a category D felony is prosecuted as a “wobbler” crime. Wobblers can be treated as either

a category E felony or
a gross misdemeanor.⁶

Learn more about Nevada wobbler offenses.

2. What are the penalties for Category D felonies in Nevada?

Category D felonies in Nevada carry the following sentencing scheme:

one to four (1 – 4) years in prison, and
maybe a fine of up to $5,000⁷

When Nevada judges order a sentence range for a Nevada felony conviction, the minimum time is not allowed to exceed 40% of the maximum time. For example, if a judge imposes three (3) years in prison, the minimum time must be no more than 14.4 months, which is 40% of three (3) years.⁸

An attorney talking to a jury in a category D felony trial in Nevada.

Category D felony defendants in Nevada may elect to have a jury trial or bench trial.

3. Can I get a jury trial?

Yes. If you are facing charges for category D felonies in Nevada, you may request a jury trial.⁹

4. Can I get a record seal?

A Nevada court can seal a category D felony conviction once five (5) years pass from the end of the case. Though felony “crimes of violence” may not be sealed until ten (10) years have passed since the case’s end.

Furthermore, Nevada courts may never seal a category D felony if it was a:

sex offense,
crime against a child, or
felony DUI¹⁰

There is no waiting period in Nevada to seal category D felony charges that resulted in a dismissal (no conviction).¹¹

5. Will I get deported?

Non-citizens convicted of certain category D felonies may be removed from the United States if the offenses qualify as

If the charge can be dismissed or changed to a non-removable crime, the threat of deportation may vanish.¹²

We are here to help . . .

Have you been arrested for a felony or misdemeanor in Nevada? Then our Las Vegas Criminal Defense Attorneys want to try to get your charges reduced or dismissed so your record stays clean. You can call us anytime for a meeting to discuss how we can put this matter behind you.

Legal References:

NRS 193.130.
NRS 200.070.
NRS 205.090.
NRS 205.130.
NRS 205.010.
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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