Updated July 1, 2020
The legal definition of misdemeanor in Nevada is a crime that carries a maximum of six months in jail and/or $1,000 in fines. Misdemeanors are less serious and have fewer consequences than felonies. In misdemeanor sentencing, courts often impose probation and fines without further jail time. And some misdemeanor charges may get dismissed through a submittal.
In this article, our Las Vegas misdemeanor attorneys discuss:
- 1. What are misdemeanors in Nevada?
- 2. What are misdemeanor penalties in Nevada?
- 3. Can I get a jury trial for a misdemeanor in Nevada?
- 4. Can I get misdemeanors sealed in Nevada?
- 5. Can a misdemeanor get me deported?
They are the least serious Nevada crimes. (Nevada does not have infractions.)
Common examples of misdemeanor offenses are:
- Traffic tickets. Such as speeding (NRS 484B.600).
- Trespassing (NRS 207.200).
- Shoplifting (NRS 205.240) less than $1,200.
- Breach of peace (NRS 203.010).
- Simple Battery (NRS 200.481).
- Solicitation of prostitution (NRS 201.354).
- Jaywalking (NRS 484B.287).
- A first or second battery domestic violence (NRS 200.485), with no injuries, deadly weapon or strangulation.
- A first or second DUI (driving under the influence), with no injuries.
The maximum punishment is:
- $1,000 in fines, and/or
- Six (6) months in jail
For a first offense or second offense, there is usually no jail sentence. And if a defendant is charged with a felony or a gross misdemeanor, the defense attorney may be able to get the charge lessened to a misdemeanor as part of a plea bargain.
Any incarceration occurs in a city or county jail. Jails are different from state prisons. Prisons are in more rural areas than jails. And they house people serving out felony sentences.
2.1. Pre-prosecution Diversion Program
Some misdemeanor defendants may do “diversion” programs. They complete certain terms in exchange for a dismissal. The terms may include a:
- Educational class,
- Support group,
- Anger management therapy,
- Community service,
- No contact order,
- Veteran programs,
- Mental illness programs,
- Rehab and/or more
Some defendants may not do diversion, such as in cases of:
- A crime of violence (NRS 200.408),
- Vehicular manslaughter (NRS 484B.657),
- DUI, or
- A minor traffic offense
And defendants cannot do diversion if they have a:
- Prior criminal conviction other than minor traffic offenses, or
- Prior court order to do diversion in Nevada
Successful completion of diversion results in a dismissal of the charge and a judicial order to seal the records. But the defendant has to mail out these orders to the police department and other relevant state agencies.
Some defendants fail to complete diversion. Then they must appear for an arraignment and enter a plea based on the original indictment, information, complaint, or citation. (Nevada Assembly Bill 470 (2017))
Not under Nevada law, unless the charge was for battery domestic violence.
Instead, defendants can have a bench trial. This is where the judge decides the verdict. This rule comes from the Sixth Amendment. Only defendants facing more than six (6) months in jail can have jury trials.
Remember, an exception is battery domestic violence cases: Defendants may have a jury trial even if the charge is for just a misdemeanor.
3.1. Cases with different charges
Some cases involve misdemeanors and more serious crimes. Then the district court would have jurisdiction, even over the misdemeanors. (Nevada AB 412 (2017))
Yes. But there is a wait to seal convictions.
|Misdemeanor conviction||Wait to seal criminal record|
Battery domestic violence
|7 years after the case closes|
|Battery (NRS 200.481)|
Violating a protection order for stalking or harassment
|2 years after the case closes|
|All other misdemeanors||1 year after the case closes|
|Dismissals (no conviction)||No wait|
Misdemeanors are minor, but they look bad on background checks. Sealing is a always good idea.
Any alien accused of a crime should retain counsel. The D.A. may agree to reduce or dismiss the charge.
Call us. Consultations are free.
In California? Go to our article on California misdemeanor law.
In Colorado? Go to our article on Colorado misdemeanor law.