“Category E Felonies” in Nevada (NRS 193.130)

Updated July 1, 2020

Category E felonies are the least serious class of felony crimes in Nevada. The judge must order a Nevada suspended sentence in lieu of prison unless the defendant has two or more prior felony convictions. .

As with all criminal cases, it may be possible to plea bargain a category E charge down to a lesser offense or a full dismissal. If no deal can be reached, the defendant is entitled to a jury trial.

Category E convictions may be sealed two (2) years after the case closes. Depending on the offense, aliens convicted of a category E felony may be deported from the U.S.

Below our Las Vegas criminal defense attorneys answer frequently-asked-questions about category E felonies in Nevada, including definitions, punishments, and record seal time frames. Click on a topic to go to that section.

• 1. What are Category E felonies in Nevada?
• 2. What are the penalties for a Category E felony in Nevada?
• 3. Can I get a jury trial for a Category E felony in Nevada?
• 4. Can I get a Category E felony sealed?
• 5. Will I get deported for a Category E felony?

1. What are Category E felonies in Nevada?

Category E crimes in Nevada are the least grave class of felonies. But they are more serious than gross misdemeanors and misdemeanors.¹

Common examples of category E felonies in Nevada are:

• Soliciting a child for prostitution²
• Criminal gang recruitment (committed by an adult)³
• A second offense of peeping with a camera or recorder⁴
• A first or second offense of marijuana possession of more than one (1) ounce.⁵

Note that attempting to commit a category E felony is prosecuted as a “wobbler” crime that 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 E felonies in Nevada?

Nevada courts grant probation to defendants convicted of category E felonies. This means the judge will suspend a jail sentence as long as the defendant stays out of trouble and fulfills other court-ordered requirements. The only time the judge may impose prison instead of probation is if the defendant has two or more prior felony convictions. But the maximum penalties may include:

• one to four (1 – 4) years in Nevada State Prison, and
• a fine of up to $5,000⁷

For certain charges of first- or second-time recreational drug possession (NRS 453.336), the judge will impose a deferral of judgment if the defendant pleads guilty or no contest. As long as the defendant completes certain court ordered terms, the case will be dismissed (which means there will be no conviction).

When a judge imposes a sentence range for a Nevada felony conviction, the minimum time cannot exceed 40% of the maximum time. For example, if a judge orders someone to a maximum prison term of four (4) years, the minimum time must be no more than 19.2 months, which is 40% of four (4) years.⁸

3. Can I get a jury trial for a Category E felony in Nevada?

Yes. Anyone who is charged with a category E felony in Nevada has the constitutional right to a jury trial.⁹

4. Can I get a Category E felony sealed?

Category E felony convictions can usually be sealed two (2) years after the case closes. But the case can never be sealed if it involved a crime against children, a sex crime, or felony DUI.¹⁰

If the case gets dismissed (which means there is no conviction), the defendant can start the record seal petition process immediately.¹¹

5. Will I get deported for a Category E felony?

Even though category E felonies are the least serious class of felonies, some of them may be considered crimes involving moral turpitude (CIMT). Aliens convicted of a CIMT risk deportation, which is why non-citizens are advised to retain counsel to attempt to get their charges changed to a non-deportable offense.¹² Read more about Nevada criminal defense of immigrants law.

For more information contact our Las Vegas criminal defense attorneys.

Legal References