In Nevada, a misdemeanor is a criminal offense punishable by up to six months in jail and up to $1,000 in fines. A standard misdemeanor is considered less serious and has fewer consequences than 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.
In misdemeanor sentencing, courts often impose probation and fines without further jail time. Some charges may be dismissed through a submittal.
The following table compares and contrasts misdemeanors and gross misdemeanors in Nevada.
| Misdemeanors | Gross Misdemeanors | |
| Penalty Range | Up to 6 months in county jail and/or up to $1,000 fine | Up to 364 days in county jail and/or up to $2,000 fine |
| Examples | ||
| Record Seal Wait Time for Convictions | 1 year after case closed for most cases 2 years after the case closed for simple battery, harassment, stalking, or violation of a protection order 7 years after the case closed for DUI | 2 years after case closed |
| Jury Trial Rights | No right to jury trial (bench trial only) | Right to jury trial |
| Immigration Consequences | Generally less severe, but can still lead to deportation for certain offenses (such as domestic violence) | More likely to be considered a “crime involving moral turpitude,” which can lead to deportation or inadmissibility |
Call our criminal defense attorneys in Las Vegas if you have been arrested.
In this article, we will address the following topics:
- 1. “Misdemeanor” Defined
- 2. Sentencing
- 3. Jury Trial Rights
- 4. Sealing Records
- 5. Immigration Consequences
- Additional Reading
Most defendants facing misdemeanor criminal charges can skip court if their attorney appears for them.
1. “Misdemeanor” Defined
Misdemeanors are the least serious crimes in Nevada criminal law. (Nevada also has infractions, which are civil wrongs such as minor traffic violations.)
Common examples of misdemeanor offenses are:
- 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)
- 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. Sentencing
The maximum punishment for a Nevada misdemeanor crime under NRS 193.150 is:
- $1,000 in fines and/or
- 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, and/or
- or restitution.
If you are charged with a felony or a gross misdemeanor, we 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. Also, they house people serving out felony sentences.
See our related article, Misdemeanor probation in Nevada – 3 key things to know.
Pre-Prosecution Diversion Program
You may be able to do a “diversion” program to avoid a conviction. You complete certain terms in exchange for the state dropping the case. The terms may include a(n):
- Educational class,
- Support group,
- Anger management therapy,
- Counseling,
- Community service,
- Restitution,
- No contact order,
- Curfew,
- Veteran programs,
- Mental illness programs,
- Rehab and/or more.
You may not do diversion in cases involving:
- A crime of violence (NRS 200.408),
- Vehicular manslaughter (NRS 484B.657),
- DUI, or
- A minor traffic offense.
Also, you cannot do diversion if you have a:
- Prior criminal conviction other than minor traffic offenses or
- Prior court order to do diversion in Nevada.
3. Jury Trial Rights
A misdemeanor charge does not entitle you to a jury trial unless the charge was for battery domestic violence.
Instead, you 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.
Cases with Different Charges
Some cases involve misdemeanors and more serious crimes. When this happens, the district court would have jurisdiction, even over the misdemeanors. (Nevada AB 412 (2017))
Most misdemeanor penalties in Nevada include fines and restitution.
4. Sealing Records
There is a wait to seal misdemeanor convictions in Nevada, as the following table shows.
| Misdemeanor Conviction | Wait Time to Seal the Record |
| DUI 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 |
Although these charges are minor, they look bad on background checks. Sealing your criminal record is always recommended.
5. Immigration Consequences
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 as part of a plea bargain.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Criminal Law: Punishment: Misdemeanors: Statutory Construction – California Law Review.
- Three Strikes and You’re in (For Life): An Analysis of the California Three Strikes Law as Applied to Convictions for Misdemeanor Conduct – Thomas Jefferson Law Review.
- Misdemeanors – California Law Review overview on misdemeanor-level offenses.
- Misdemeanors by the Numbers – Boston College Law Review.
- Crashing the Misdemeanor System – Washington & Lee Law Review.