When Is a Nevada Criminal Violation Charged as a Felony?

A felony is the most serious classification of crime in Nevada. State laws establish felony offenses in five categories, identified as Category A through E, ranging from the most serious to the least serious. If you face a felony charge, it is crucial to understand the category and severity of the offense charged, as well as the penalties and other implications. To minimize the consequences of a criminal charge in Nevada, representation by an experienced criminal defense attorney is essential.

Defending Against a Nevada Felony

For any Nevada felony charge, regardless of the category, representation by a knowledgeable criminal defense attorney is crucial. A felony conviction (which includes a guilty plea) has ramifications and consequences that can go far beyond the potential criminal penalties imposed by the court, as the result of the felony being part of the defendant’s public record.

The record discloses the details of the conviction to anyone who does a basic background search of the person. Prospective employers, businesses providing financial services and housing, and others who conduct a background search can be influenced adversely by a felony conviction. As such, the public record of a conviction affects some of the most important parts of your life. Defending against a felony charge with assistance from a skillful defense attorney enables you to minimize the implications of the felony charge.

Felony Offenses and Penalties in Nevada

NRS 193.130 establishes five categories of felony offenses in Nevada. The categories are identified as A through E, from most serious to least serious. State law identifies the category for every felony established by statute. Examples of specific crimes in the categories (lists are not all-inclusive):

• Category A felony: first- and second-degree murder, first-degree kidnapping, sexual assault, sex trafficking of a child
• Category B felony: voluntary manslaughter, reckless driving with substantial injury, robbery, home invasion, assault with a deadly weapon, grand larceny of a firearm
• Category C felony: cyberstalking, domestic violence battery by strangulation, grand theft auto, public official bribery, witness intimidation
• Category D: involuntary manslaughter, bail jumping (felony charges), fourth-degree arson
• Category E: criminal gang recruitment, first or second offense of illegal drug possession for personal use, possessing or obtaining a fraudulent drug prescription, making a false 911 call

Some criminal offenses provide for punishment as either a felony or gross misdemeanor, and are referred to as “wobblers.” The court determines how to treat the crime at sentencing. Wobblers include attempting to commit a category C, D, or E felony. In these cases, the defense attorney argues strenuously for treatment as a gross misdemeanor, which carries a penalty of up to 364 days in jail, in contrast to the more severe penalties of a felony, which are:

Potential sentences for Nevada felonies:

• Category A: death or life in state prison
• Category B: minimum of one (1) year, maximum of 20 years in state prison
• Category C: one (1) to five years in state prison, up to $10,000 fine
• Category D: one (1) to four (4) years in state prison, up to $5,000 fine
• Category E: one (1) to four (4) years in state prison, up to $5,000 fine, but in most cases, the court must suspend the sentence and place the defendant on probation, unless the defendant has two or more prior felony convictions

Sentencing for a Felony Conviction

On a particular felony charge, having legal representation can make a significant difference in the sentence. An experienced criminal defense lawyer can often negotiate a plea bargain with the prosecutor that can reduce a felony charge to a lesser offense (which can make a substantial difference in the consequences), result in lighter penalties, or even get the charge dismissed outright. There are also sometimes opportunities for alternative sentencing, such as rehabilitation programs, educational classes, or community services.

The importance of having skilled criminal defense representation cannot be understated. If you face a felony charge, you should never try to negotiate a plea yourself, or simply agree to plead guilty without a lawyer.

Sealing a Nevada Criminal Record

If you have a felony conviction on your record, Nevada laws permit many people to seal the public criminal record after a period of time. The waiting period after which a record may be sealed varies based on the offense. There is no waiting period for records relating to acquittal or dismissal. It’s advisable to exercise the right to seal a record as soon as it is eligible. Your defense attorney can explain the specific record-sealing laws that apply in your case and assist you with the sealing process when your record is eligible.

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.