Being charged with any crime is frightening to say the least, but the difference between certain charges can mean the difference between spending years in prison or probation and some fines. 

The difference between felony convictions and misdemeanor convictions is huge. 

Felony convictions can land you in jail for years and these convictions can follow you the rest of your life. 

A felony conviction on your record can significantly hinder your ability to secure employment, obtain housing, or pursue education.

Misdemeanor convictions are still serious but you may end up with just some probation time and fines.

Misdemeanor convictions can be sealed, and most employers don’t check for misdemeanor convictions when doing background checks for work. Having a felony reduced to a misdemeanor is one of the best outcomes in a criminal case other than having the charges dismissed altogether. 

You need to hire an experienced defense lawyer who knows how to have a felony reduced to a misdemeanor in Nevada.

If you or someone you know is facing criminal charges—whether it’s a felony or a misdemeanor—contact The Defenders. Our firm has been representing clients in criminal defense cases for many years. We have a team of experienced lawyers who know the ins and outs of Nevada’s legal system and can help you navigate through your case with expertise and skill.

Contact our office today for a free case evaluation.

What Is the Difference Between and Felony and a Misdemeanor

Nevada has three categories of crimes; misdemeanors, gross misdemeanors, or felonies. The differences are extreme including the penalties associated with each. 

Misdemeanor

This is the least serious crime in Nevada.

Some examples of misdemeanor charges are trespassing, disorderly conduct, shoplifting under $1200, and DUI (not your third conviction in 7 years ), and certain traffic violations.

The penalties include a maximum fine of $1000 and a maximum jail sentence of six months.

Note that these are the maximum penalties and in a lot of cases the jail time is suspended in lieu of another penalty like community service. 

Gross Misdemeanor

The middle ground of criminal offenses in Nevada is a gross misdemeanor.

Some examples include indecent exposure (first offense), stalking, open lewdness, and false imprisonment (no deadly weapon involved).

The maximum penalty for a gross misdemeanor is 364 days in jail and up to a $2000 fine.

A judge may impose both sentences or depending on the case may offer you probation instead of jail time.

Felonies

This is the most severe of the criminal charges in Nevada. Felonies are separated by 5 different subcategories.

Starting with the most serious of offenses and moving on to the lesser charges in the felony category, they are as follows:

• Category A felonies: the most serious of the charges include murder and sexual assault.
• Category B felonies: Voluntary manslaughter and robbery are included in category B felonies
• Category C felonies: Receiving stolen goods or violating an extended restraining order are considered class C felonies 
• Category D felonies: Forgery or not paying a casino marker are included in this category
• Category E felonies: most drug possession cases, welfare fraud, and first time auto theft are included in this category

Penalties for Felonies

Category A felonies, the most severe crimes like murder can land someone in prison for life or the defendant might even be given the death penalty. 

Category E felonies can get you a sentence of probation instead of prison.

Attempting to commit certain crimes that are considered Category C, D, and E felonies can lead a judge to sentence you to either the felony sentence or the gross misdemeanor. 

Can a Felony Be Reduced to a Misdemeanor in Nevada

Your lawyer is the first person you need to speak with when charged with a felony. 

Your lawyer will always try to get the charges dropped before attempting anything else. If the charges stand, your lawyer will attempt to negotiate a plea bargain where your felony is reduced to a gross misdemeanor.

If you plead guilty or are found guilty of a wobbler crime like attempting to commit a category C, D, or E felony, the judge can choose to sentence you for the felony category or the lesser offense of a gross misdemeanor since you only attempted the crime.

When reducing charges from felony to gross misdemeanors the judge will consider the case, the severity of the offense, your personal and criminal history.

Never accept a plea bargain without having a lawyer present. 

Also anyone charged with a felony is entitled to a jury trial and the prosecution must prove guilt beyond a reasonable doubt.

Can a Felony Plea Get Reduced to a Misdemeanor After the Fact?

This can only happen if the original plea bargain calls for the felony to be reduced to a misdemeanor or gross misdemeanor upon completion of the sentence in the original plea bargain. 

Nevada, unlike other states, does not have a procedural rule that allows a judge to reduce a felony to a misdemeanor after the fact. 

If you plead to a felony, your lawyer can file a motion to have the plea withdrawn, the court rarely grants these motions.

What Does Getting a Felony Conviction Reduced to a Misdemeanor Do for Me

There is a host of problems being convicted of a felony including:

1. A felony record could disqualify you from certain employment opportunities
2. Convicted felons may face challenges in obtaining specific certifications from licensing boards, such as those required for nursing or practicing law.
3. You cannot own or possess a firearm as a convicted felon 
4. You may not serve on a jury 
5. You have a felony strike against you in the Three Strikes Law
6. A felony cannot be sealed from your record for at least two to ten years after the case has concluded. Additionally, certain felony convictions, such as sexual offenses, can never be sealed.

Having a felony conviction reduced to a misdemeanor avoids all the problems above. A misdemeanor conviction may be sealed only one to two years after the case is closed. 

Sexual Offenses and Reduction to Misdemeanor

Sexual offenses are serious criminal charges that can land a defendant in prison for life and on the sex offender registry also for life . 

In Nevada certain sexual offenses can be reduced to a misdemeanor depending on the circumstances of the charges. 

For example, indecent exposure can be a Category D felony punishable by 1 to 4 years in prison, or a gross misdemeanor depending on the case. 

Defendants may also be able to go to a diversion program and once the program is completed the charges could be reduced.

Failing to complete the program will leave the felony conviction stand. More severe sexual offenses like rape do not usually get the option for reduction. 

Regardless of the charges against you, if you are facing felony charges you need to hire an experienced attorney. 

Facing Criminal Charges? Our Firm Can Help

The Defenders have been representing clients in Nevada for decades. 

Our attorneys:

• Will aggressively put in all efforts to get the penalties lowered.
• Can help you achieve fair settlements or plea deals.
• Can protect you from the prosecution.
• Can examine the evidence better than you.
• Will fight for your rights to help keep your criminal history clean.

Our objective is to achieve the best possible outcome for your case, whether that means getting the charges dismissed or reduced to a lesser offense. Call The Defenders today to schedule a consultation appointment.