Category E felonies are the least serious class of felony crimes in Nevada. A conviction is punishable by 1 to 4 years in state prison, and a fine of up to $5000.00. But the judge must order a Nevada suspended sentence in lieu of prison unless the defendant has two or more prior felony convictions.
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?
- 3. Can I get a jury trial?
- 4. Can I get a category E felony sealed?
- 5. Will I get deported?
Common examples of category E felonies in Nevada are:
- 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.
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
Yes. Anyone who is charged with a category E felony in Nevada has the constitutional right to a jury trial.9
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
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.