Nevada Felony Sentencing Guidelines
There are two different types of sentences when you get charged with a crime, misdemeanor and felony. A misdemeanor is a less-serious crime that results in small times in jail or fines required to pay. A felony is any crime that may be punishable by death or incarceration in Nevada State Prison. Felonies stay on your record permanently or for a long time, causing you to be denied employment and losing other privileges in life. There are five categories of felonies that the Nevada Court uses when they are sentencing someone to a felony.
Category A Felony
Category A felonies contain the most severe punishments because they are the most serious felonies. Typically, a defendant will receive life in prison or a death sentence if they are charged with a category A felony. Category A felonies include:
- Sexual assault / rape: Life in prison.
- First degree murder: Life in prison without parole, prison for life or 50 years, with the possibility to serve on parole after 20 years, or the death sentence.
- Second degree murder: Life or 25 years in prison, with the possibility to serve on parole after 10 years.
Category B Felony
Category B felonies typically carry a minimum sentence of at least one year in prison, with the maximum sentence of 20 years. Category B felonies include:
- Assault with a deadly weapon: Minimum of one year with a maximum of six years in prison, and/or a fine up to $5,000.
- Burglary of a residence: Minimum of one year with a maximum of ten years in prison.
- Robbery: Minimum of two years with a maximum of fifteen years in prison.
- Voluntary Manslaughter: Minimum of one year with a maximum of ten years in prison, and a possible fine of up to $10,000.
Category C Felony
Category C felonies typically carry a minimum sentence of at least one year in prison, with the maximum sentence of 5 years. The court is entitled to impose a fine up to $10,000 to anyone charged with a category C felony. Category C felonies include:
- Battery domestic violence by strangulation.
- Grand Larceny, if the stolen property is less than $25,000, but more than $5,000.
Category D Felony
Category D felonies carry a minimum sentence of at least one year in prison, with the maximum sentence of 4 years. The court is also entitled to impose a fine up to $5,000 to anyone charged with a category D felony. Category D felonies include:
- Involuntary manslaughter.
- Parental kidnapping: When the parent does not have legal custody of a child and takes them.
- Sexting: Without consent and meant to harass the victim.
Category E Felony
Category E felonies carry a minimum sentence of at least one year in prison, with the maximum sentence of up to 4 years. The court must suspend the prison sentence and grant the defendant probation. Additionally, the court is entitled to impose a fine up to $5,000 to anyone charged with a category E felony. Category E felonies include:
- Possessing a fraudulent drug prescription.
- First or second offense of possession of illegal drugs, excluding marijuana, for personal use.
- Base jumping from a trespassed structure.
- Making a 911 call stating an emergency when there is no actual emergency.
Future of Carrying a Felony
Being convicted as a felon can stay with you all of your life, impacting your employment opportunities and other rights. Initially, you will be serving time in either jail or prison for your actions and potentially paying fines. As a felon in Nevada, you will lose your rights to vote and will not be allowed to own a gun. If you do decide to own a gun illegally, you can be charged with a “felon in possession” Nevada Law. If you have children, you have the possibility of losing your rights to see your children. It may also be very difficult to rent a house or apartment, as the landlord may not want to rent out to a convicted felon. Being a convicted felon carries a serious social stigma around that, with people not wanting to be involved with a convicted felon.
If you are facing a potential felony charge, it is important that you seek immediate legal assistance and make sure a qualified attorney can assist you with your case. It is important that if you hire an attorney, they aggressively fight the charges against you. Depending on the crime, it is possible that you may be able to get the charge reduced. At The Defenders, our experienced attorneys will aggressively fight the charges against you and help reduce the charges, depending on the seriousness of the crime.