“Misdemeanors” in Nevada – Law, Penalties, Defenses

In Nevada, a misdemeanor is a crime punishable by up to six months in jail and up to $1,000 in fines. A conviction for a standard misdemeanor is considered less serious and has fewer consequences than for a felony or a gross misdemeanor.

Misdemeanors include such Nevada crimes as first-time DUI, first-time battery domestic violence, trespass, solicitation, and petit larceny.

Courts often impose probation and fines without further jail time in misdemeanor sentencing. Some charges may get dismissed through a submittal.

Call our criminal defense attorneys in Las Vegas if you have been arrested.

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?

1. What are misdemeanors in Nevada?

Misdemeanors are the least serious crimes in Nevada criminal law. (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.

2. What are misdemeanor penalties in Nevada?

The maximum punishment for a Nevada misdemeanor crime under NRS 193.150 is:

• $1,000 in fines, and/or
• Six (6) months in jail

There is usually no jail sentence for a first or second offense. Depending on the case, other penalties may include

• community service,
• an online education,
• or restitution.

If a defendant is charged with a felony or a gross misdemeanor, the defense attorney may be able to get the charge reduced 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. Plus they house people serving out felony sentences.

See our related article, Misdemeanor probation in Nevada – 3 key things to know.

2.1. Pre-prosecution Diversion Program

Some misdemeanor defendants may do “diversion” programs. They complete certain terms in exchange for the state dropping the case. The terms may include a:

• Educational class,
• Support group,
• Anger management therapy,
• Counseling,
• Community service,
• Restitution,
• No contact order,
• Curfew,
• 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

Also, 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

Finishing diversion results in a dismissal of the charge and a judicial order to seal the records. However, 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))

3. Can I get a jury trial for a misdemeanor charge in Nevada?

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, battery domestic violence defendants may have a jury trial.

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))

4. Can I get misdemeanors sealed in Nevada?

Yes. Though there is a wait to seal convictions.

Misdemeanor conviction	Wait to seal criminal record
DUI Battery domestic violence	7 years after the case closes
Battery (NRS 200.481) Harassment (NRS 200.571) Stalking (NRS 200.575) 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

Though these charges are minor, they look bad on background checks. Sealing is always a good idea.

5. Can a misdemeanor get me deported?

Usually not. However, some misdemeanors are crimes involving moral turpitude, which can get you thrown out of the U.S.

Any alien accused of a crime should retain counsel. The D.A. may agree to reduce or dismiss the charge.