“Category E Felonies” in Nevada (NRS 193.130)

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.

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?
• 3. Can I get a jury trial?
• 4. Can I get a category E felony sealed?
• 5. Will I get deported?

Most category E felony convictions result in probation. With no prison time.

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 2}

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.

2. What are the penalties?

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

Anyone charged with category E felonies in Nevada may have a jury trial.

3. Can I get a jury trial?

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?

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.

Legal References