What Are the Potential Penalties for a Las Vegas Criminal Arrest?

Nevada’s statutory structure for felonies and misdemeanors is an important component of the State’s penalty framework for criminal charges. If you are arrested in Las Vegas, the classification and category of the criminal charge determine the potential penalties that may be imposed as a sentence in the event of a conviction and are relevant to discussions concerning a plea deal. The penalties for a specific charge are based on the general principles explained in this article and on the statutory provisions relating to the charge.

Nevada Classifications of Crimes

The primary classifications for criminal charges in the State of Nevada are felonies and misdemeanors. Felonies are more serious than misdemeanors. Within those two classifications, there are additional categories based on the nature and severity of a violation.

The key statutory section establishing crime classifications is NRS 193.120, which establishes that “a crime is an act or omission forbidden by law and punishable upon conviction by death, imprisonment, fine or other penal discipline.” The law further states that (emphasis added for clarity):

• A criminal charge punishable by death or imprisonment in state prison is a felony;
• A crime punishable by a fine of not more than $1,000 (one thousand dollars) or by imprisonment in a county jail for not more than six (6) months is a misdemeanor;
• Other crimes that do not fall into these categories are gross misdemeanors, which are punishable by imprisonment in the county jail of not more than 364 days, or by a fine of up to $2,000 (two thousand dollars), or both, unless a statute prescribes a different amount.

It is important to note that the distinguishing characteristic of a felony is that incarceration is served in state prison. In contrast, sentences for misdemeanors and gross misdemeanors are served in county jail.

Categories of Felonies in Nevada

In the State of Nevada, felonies are further divided into five categories, identified by the letters A through E, based on the severity of the offense and potential penalty, with Category A being the most severe, and Category E the least severe:

• Category A Felony: Sentence of death or imprisonment in the state prison for life, with or without the possibility of parole, as provided by specific statute
• Category B Felony: A minimum term in state prison of not less than one (1) year and a maximum of not more than 20 years and a potential fine as provided by the specific statute
• Category C Felony: A minimum state prison term of not less than one (1) year and a maximum of not more than five (5) years, plus (in the court’s discretion) a fine of not more than $10,000, unless a greater fine is authorized or required by statute
• Category D Felony: A minimum state prison term of not less than one (1) year and a maximum term of not more than four (4) years, plus (in the court’s discretion) a fine of not more than $5,000, unless a greater fine is authorized or required by statute
• Category E Felony: A minimum term in state prison of not less than one (1) year and a maximum term of not more than four (4) years, with the possibility of probation under specific terms and conditions as stated in the law, and a fine in some cases

Under the statutory framework, a criminal charge — such as DUI — can be a different category of felony, depending on the circumstances of a specific arrest. Our blog article, What Happens If You Get a 3rd, 4th, or 5th DUI in Nevada?, explains how this difference in categories occurs.

The distinctions in potential penalties of the classifications and categories of crimes are one of the crucial reasons why representation by an experienced criminal defense lawyer is essential if you are charged with a crime in Las Vegas or elsewhere in Nevada. There are other variations that result from the classification and category of a criminal charge as well, such as the ability to seal a criminal record.

Importance of Classification and Category in a Defense Strategy

The classification and category of a criminal charge are important factors in determining potential penalties and also affect your defense attorney’s strategy in the case. The court has a wide range of types of penalties that can be imposed, depending on the specific charge. For example, in addition to imprisonment in county jail or state prison and fines, the court may be able to order payment of court fees and costs, restitution, community service, mandatory counseling or rehabilitation, or other types of sentences. Alternative sentencing may also be available in some situations.

Your defense attorney’s experience with sentencing policies of the local courts and familiarity with the practices of prosecutors is valuable in helping you navigate through the criminal justice process. Your lawyer should explain all the details of sentencing and answer all your questions about the penalties before you make any decisions about how to proceed in your case. You should not hesitate to ask your lawyer for clarification about penalties and sentencing at any stage of the process.

Schedule a Free Consultation with an Experienced Las Vegas Criminal Defense Attorney

If you face any state or federal criminal charges, Las Vegas criminal defense attorney Joseph Gersten is here to help. His investigative background, trial experience, and aggressive defense focus significantly benefit anyone facing a criminal charge. The Gersten Law Firm assists criminal defense clients in Las Vegas, Henderson, and elsewhere in Clark County.

There is no charge for your initial consultation. Call 702.857.8777 or complete our online form to schedule an appointment.