In Nevada, a felony is a crime punishable by one year or longer in state prison. There are five types of felonies ranging from category A felonies (the most serious) to category E felonies (the least serious).

Here are five key things to know:

1. All felonies are more serious than misdemeanor and gross misdemeanor offenses.
2. Everyone charged with a felony is entitled to a jury trial.
3. Even if you avoid incarceration by felony probation or a plea, having any criminal record can hinder future employment and residential prospects.
4. The waiting period to get a felony record sealed ranges from 2 to 10 years or sometimes never, depending on the crime.
5. Non-citizens convicted of certain aggravated felonies face deportation from the U.S.

In this article, our Las Vegas felony lawyers will answer these frequently asked questions:

• 1. What are felonies in Nevada?
• 2. What are the penalties in Nevada?
• 3. Can I get a jury trial in Nevada?
• 4. Can I get felonies sealed in Nevada?
• 5. Can I get deported?

Felony sentences are served in state prison, not county jail.

1. What are felonies in Nevada?

Felony charges are the most harshly punished crimes in Nevada.¹ (The second most serious class of crimes in Nevada are gross misdemeanors, and the least serious are misdemeanors.²)

Under NRS 193.130, Nevada has five categories of felony offenses. They are (ranging from the most serious crimes to the most minor):

• Category A felonies, such as first- or second-degree murder or sexual assault
• Category B felonies, such as reckless driving with substantial injury, robbery or home invasion
• Category C felonies, such as violating a protection order, domestic violence with strangulation, battery with substantial bodily harm, or internet stalking
• Category D felonies, such as involuntary manslaughter, forgery or unpaid casino markers
• Category E felonies, such as first-time auto burglary

Note that attempting to commit a category C, D or E crime is a “wobbler” crime that can be punished as either

• a felony or
• a gross misdemeanor.³

A criminal defense attorney would fight to get the charge treated as a gross misdemeanor.

(The category of certain theft crimes like grand larceny depends on the amount stolen.⁴)

2. What are the penalties in Nevada?

The punishment depends on the category.

Category A felonies carry:

• life in prison with the possibility of parole,
• life in prison without the possibility of parole, or
• death penalty (in first-degree murder cases)

Category B felonies carry:

• A prison sentence of one to twenty (1 – 20) years, and
• maybe a fine

Category C felonies carry:

• One to five (1 – 5) years in prison, and
• maybe up to $10,000 in fines

Category D felonies carry:

• One to four (1 – 4) years in prison, and
• maybe up to $5,000 in fines

Category E felonies carry probation and a suspended sentence, with a possible jail sentence of up to 1 year. (But if you have two or more prior felony convictions, the court may order a prison term of one to four years of Nevada State Prison and a maximum of $5,000 in fines.)

Note that it may be possible to get even the most serious charges reduced to lesser offenses as part of a plea bargain or dismissed outright. The judge may also grant alternative sentences to prison, such as house arrest with electronic monitoring.

See our related article, What are the Nevada felony sentencing guidelines?

3. Can I get a jury trial in Nevada?

Yes. If you are facing a felony charge, the United States Constitution’s Sixth Amendment entitles you to a jury trial. If you do not want a jury trial, you may elect to have a bench trial where the judge and not a jury returns the verdict.⁶

All felony defendants in Nevada may have a jury trial.

4. Can I get felonies sealed in Nevada?

It depends on the offense. Three types of crimes can never be sealed:

1. Sex crimes,
2. Crimes against children, and
3. Felony DUI

Violent crimes as well as burglary of a residence may not be sealed until ten (10) years after the case closes.

Otherwise, crimes may be sealed after specified time periods depending on the category:

• Category A felony convictions may be sealed ten (10) years after the case is closed.
• Category B felony convictions may be sealed five (5) years after the case is closed.
• Category C felony convictions may be sealed five (5) years after the case is closed.
• Category D felony convictions may be sealed five (5) years after the case is closed.
• Category E felony convictions may be sealed two (2) years after the case is closed.

Note that no waiting period is necessary to seal cases that get dismissed (which means there is no conviction). Also, note that the judge has final discretion over whether to grant a record seal request.

Crimes that get dismissed are sealable immediately in Nevada.

5. Can I get deported?

Possibly. Non-citizens in Nevada face deportation for being convicted of an aggravated felony or crimes involving moral turpitude. Examples of deportable crimes include:

• murder
• rape (including statutory rape)
• child pornography
• kidnapping
• drug trafficking
• racketeering
• fraud or tax evasion involving more than $10,000
• theft or violent crime with a sentence order of at least one (1) year⁸

Aliens arrested for any crime in the state of Nevada are advised to retain experienced counsel as soon as possible. You may be able to persuade the prosecutor to dismiss the case or reduce it to a non-deportable offense.

In California? Go to our page on California crime laws.

In Colorado? Go to our page on Colorado crime laws.

Legal References