Category A felonies are the most serious class of crimes in the state of Nevada. These crimes are punishable by life in state prison, and possibly even the death penalty in the case of first-degree murder case.
Common examples of Category A felonies are such crimes as murder, first-degree kidnapping, rape, and using a minor to create child pornography.
Section 193.130(a) of the Nevada Revised Statutes reads as follows:
A category A felony is a felony for which a sentence of death or imprisonment in the state prison for life with or without the possibility of parole may be imposed, as provided by specific statute.
Sometimes the prosecutor will be willing to plea bargain a category A charge down to a lesser felony charge. If you do not accept the D.A.’s offer to settle, you are entitled to a jury trial.
Category A felonies can be sealed only once ten (10) years have passed since the case ended. Aliens charged with these crimes face certain deportation unless the case gets thrown out or changed to a non-deportable crime.
Below, our Las Vegas criminal defense attorneys answer common questions about category A felonies in Nevada, including definitions, penalties, and record seal time frames. Click on a topic to go to that section.
- 1. What are Category A felonies in Nevada?
- 2. What are the penalties?
- 3. Is a person entitled to a jury trial?
- 4. Can I seal a category A felony record?
- 5. Do these crimes lead to deportation?
All category A felonies in Nevada carry a life sentence. Some have the possibility of parole. Only first-degree murder may carry the death penalty.
1. What are Category A felonies in Nevada?
Category A felonies in Nevada comprise the most egregious offenses.1 Some of these include:
- First- or second-degree murder2
- First-degree kidnapping3
- Sexual assault4
- Using a Minor to create child pornography5
- Battery (with intent to commit sexual assault and that results in substantial bodily injury or is done by strangulation)6
2. What are the penalties?
Category A felonies carry either of the following sentences in Nevada:
- death (only in first-degree murder cases), or
- life in prison without the possibility of parole, or
- life in prison with the possibility of parole7
Remember that a criminal defense attorney may be able to negotiate a resolution where a category A felony charge gets significantly reduced to a lesser charge.
See our related article, What are the Nevada felony sentencing guidelines?
3. Is a person entitled to a jury trial?
Yes, if you are charged with a category A felony in Nevada, you can have a trial by jury.8
Jury trials are available to felony defendants in Nevada.
4. Can I seal a category A felony record?
Nevada law mandates a ten (10) year waiting period to seal category A felony convictions. However, if the charge was for a
- sex crime,
- crime against a child or
- felony DUI,
the case is unsealable.9
Certainly, category A felony charges that get dismissed can be sealed immediately because there is no finding of guilt.10
5. Do these crimes lead to deportation?
Any immigrant facing category A felony charges in Nevada will certainly face removal if a court ultimately convicts them. This is because all category A felonies in Nevada qualify as aggravated felonies, which are deportable.11
Therefore, aliens facing these charges should hire counsel to try to get the D.A. to change it to a non-removable offense.
Legal References
- NRS 193.130.
- NRS 200.030.
- NRS 200.310.
- NRS 200.366.
- NRS 200.710 and NRS 200.720.
- NRS 200.481.
- NRS 193.130.
- U.S. Constitution, Sixth Amendment.
- NRS 179.245.
- NRS 179.255.
- 8 USC § 1227.