In Nevada, gross misdemeanors are a class of crime more serious than simple misdemeanors but still less serious than felonies. A conviction carries
- up to 364 days in jail and
- up to $2000.00 in fines.
If you are charged with a gross misdemeanor, you are entitled to:
- a jury trial or
- a bench trial.
Typical examples of gross misdemeanors are:
- A first offense of open or gross lewdness
- A first offense of indecent exposure
- a second offense of stalking if the victim is at least 16 years old
Most gross misdemeanor conviction records can be sealed once the case has been over for two (2) years. If you are not a U.S. citizen, a gross misdemeanor conviction could result in deportation.
NRS 193.140 states:
Every person convicted of a gross misdemeanor shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment, unless the statute in force at the time of commission of such gross misdemeanor prescribed a different penalty.
In this article, our Las Vegas criminal defense attorneys answer frequently asked questions about the definition, penalties, and other information about gross misdemeanor offenses in Nevada.
- 1. What are gross misdemeanors in Nevada?
- 2. What are gross misdemeanor penalties in Nevada?
- 3. Can I get a jury trial for a gross misdemeanor charge in Nevada?
- 4. Can I get gross misdemeanors sealed in Nevada?
- 5. Can a gross misdemeanor get me deported?
Gross misdemeanors are more serious than misdemeanors. But less serious than felonies.
1. What are gross misdemeanors in Nevada?
Gross misdemeanors are a type of criminal offense in Nevada that is punished
- more harshly than misdemeanors but
- less harshly than felonies.
Note that attempting to commit a category C, D, or E felony is prosecuted as a “wobbler” crime that can be treated as either a felony or a gross misdemeanor.
2. What are gross misdemeanor penalties in Nevada?
Gross misdemeanor punishments in Nevada may include:
- Up to $2,000 in fines, and/or
- Up to 364 days in jail.
However, judges may be amenable to letting you avoid jail completely. If your defense attorney can persuade the prosecutors that their evidence is weak, they may agree
- to lower the charge down to a misdemeanor offense or
- to dismiss it altogether.
Note that most people use the terms “jail” and “prison” interchangeably, but they are very different: Anyone sentenced to incarceration for a misdemeanor or gross misdemeanor in Nevada will serve the time in a city or county jail, which is usually located in metropolitan areas close to the courthouse.
Only people serving out felony sentences go to state prisons, which are usually in rural areas.
Gross misdemeanors carry up to 364 days in jail and/or up to $2,000 in fines in Nevada.
3. Can I get a jury trial for a gross misdemeanor charge in Nevada?
Yes, if you are charged with a gross misdemeanor in Nevada, you may have a jury trial.
The U.S. Constitution’s Sixth Amendment guarantees the right to a trial by jury for charges that may result in more than six (6) months of incarceration. Gross misdemeanors carry a maximum jail sentence of nearly twice that.
4. Can I get gross misdemeanors sealed in Nevada?
In most cases, eventually. If you are convicted of a gross misdemeanor in Nevada, you have to wait two (2) years before petitioning the court to seal your criminal record. Note that Nevada courts will not seal sex crimes or crimes against children.
It is important to retain counsel to try to get a gross misdemeanor charge lowered to a simple misdemeanor, most of which require only a one (1) year waiting time. If the case gets dismissed (no conviction), there is no waiting time to commence a record sealed.
Nevada judges may seal gross misdemeanor convictions two years after the case ends.
5. Can a gross misdemeanor get me deported?
Possibly. There are some gross misdemeanors that may be considered “crimes involving moral turpitude” in Nevada, which are deportable.
That is why any non-citizen charged with a gross misdemeanor should seek counsel immediately to try to get the charge lowered to a non-deportable offense.
Call us if you have been arrested . . .
Whether you are facing misdemeanor or felony charges, our Las Vegas criminal defense lawyers have decades of experience in negotiating with prosecutors to ensure that your case gets resolved as favorably as possible. Call us to discuss for free how we might be able to keep you out of jail and your record clean.
In California, some crimes may be either a felony or a gross misdemeanor, called a “wobbler”. Learn more about California wobbler law.