In Nevada, gross misdemeanors are a class of crimes that are considered more serious than simple misdemeanors but still less serious than felonies. If convicted of a gross misdemeanor, you will generally be facing a maximum sentence of:
- up to 364 days in jail and
- up to $2,000.00 in fines.
The Right to a Trial
If you are charged, you can have:
The language of 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 the following key questions:
- 1. What are gross misdemeanors in Nevada?
- 2. What are the penalties in Nevada?
- 3. Can I get a jury trial?
- 4. Can I get a record seal?
- 5. Do I risk deportation?
Gross misdemeanors are a type of criminal offense in Nevada that is punished
- more harshly than misdemeanors but
- less harshly than felonies.
Gross misdemeanor punishments in Nevada may include:
- Up to $2,000 in fines, and/or
- Up to 364 days in jail.
However, judges may let you avoid jail completely. If your defense attorney can show 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.
Yes, you may have a jury trial on a gross misdemeanor charge. This is because 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.
If you have a gross misdemeanor conviction in Nevada, you have to wait two (2) years before asking 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 lower the charge to a simple misdemeanor, most of which require only a one (1) year waiting time. In cases where the court drops the charge, there is no waiting time to start a record seal.
Possibly. There are some gross misdemeanors that are “crimes involving moral turpitude” in Nevada, which are deportable. That is why any non-citizens should seek counsel immediately.