What Is a Class B Felony?
A Class B Felony is a severe criminal charge resulting in significant prison time. In Nevada, felonies are categorized as Classes A through E, with a Class A felony being the most severe. Suppose you are facing criminal charges in Las Vegas. In that case, you need a criminal defense lawyer to help you understand the severity of a Class Felony B charge and the possible legal consequences. It would be best to have an attorney from the De Castroverde Law Group Criminal & Immigration.
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What Is a Nevada Class B felony?
Nevada law defines a Class B felony as one that results in not less than one year in state prison and not more than 20, based on the statute that identifies the crime.
Behind Class A felonies (for which you may be sentenced to death or life imprisonment), Class B felonies are the second most serious class of felonies in Nevada. This type of felony includes crimes such as assault with a deadly weapon, reckless driving resulting in substantial bodily harm or death, and possession of child pornography. As noted here, a conviction can result in a maximum prison sentence of twenty years.
At De Castroverde Law Group Criminal & Immigration, you can work with seasoned criminal defense attorneys with experience assisting those facing Class B felony charges. We will assess your charges, determine whether you were overcharged, and evaluate whether there are any mitigating circumstances. As experienced negotiators, we will work with the prosecutor to secure a plea deal for a lesser charge.
What Happens If You Get a Class B Felony Charge?
Suppose you are convicted of any felony in Nevada. In that case, the presiding judge will determine your sentence, which will be for a period between the minimum and maximum term of imprisonment allowed by the applicable state statute. Nevada law provides that the minimum term that may be imposed cannot exceed forty percent of the maximum imprisonment term.
Each class of felonies has different possible sentences. Specifically, Class B Felonies can result in a maximum prison sentence of eight to twenty years and fines. Even an act done with the intent to commit a crime – but failing to accomplish it – is considered an attempt to commit the crime and can be punished. If a person is convicted of an attempted crime categorized as a Class B felony, a judge can impose a prison sentence.
In many criminal cases, your attorney may assist you in plea-bargaining a Class B felony down to a lesser felony, misdemeanor, or a complete dismissal of the charges. Lesser felonies like Class C or D have less severe penalties. For example, a Class C felony has a possible prison term of one to five years and up to a $10,000 fine. Misdemeanor charges only carry a potential county jail term of no more than six months and a maximum fine of $1,000 or even community service under some circumstances. If we cannot resolve with the prosecutor out of court, we can demand a jury trial.
What’s a Jury Trial?
If you face Class B felony charges in Nevada, you have the right to a jury trial. What does this mean? A group of people screened by the prosecutor and your attorney will decide whether you are guilty or not guilty. The judge doesn’t make that determination in a jury trial. A trial is where your fate is decided, so it is critical to have strong legal representation to present your case and offer evidence to support your defenses. Before the trial, your lawyer will work hard to investigate your case, negotiate with the prosecution, and be your advocate throughout the process.
The judge will impose the sentence if a jury finds you guilty of the offense. The type of crime, the number of offenses charged, your criminal history, and the specific circumstances of this offense all factor into the judge’s sentence. The judge will consider aggravating and mitigating factors as well. Because of the severity of a felony sentence, it is critical to work with a criminal defense attorney shortly after being charged so they can evaluate all possible ways to achieve a reduced charge or sentence in your case.
The consequences of a felony conviction can affect all areas of your life. You cannot vote while in prison for a Class B felony. You may not be able to find secure employment or buy a house. You cannot buy or own a gun. This applies in Nevada and across the United States. The effects of a felony conviction are significant. By working with an attorney immediately after you are charged, you will have a legal advocate to help you through the process and advise you of your legal options, including whether your record is sealable after you’ve served your sentence.
Is the Record of Your Class B Felony Sealable?
Whether your record is sealable depends on the nature of the crime you were convicted of. Class B felonies that involve violent crimes or burglary cannot be sealed for ten years after the case closes. Other Class B felonies can be sealed five years after the case closes. However, Class B felonies related to charges for felony DUIs, sex crimes, and crimes against children can never be sealed. If you are acquitted of the Class B felony charges, your request to have the record sealed can be attended to immediately.
Call a Las Vegas Criminal Defense Lawyer Today
If you have been charged with a crime, call De Castroverde Law Group Criminal & Immigration. We understand the stress you may feel if you are facing possible jail time. We want to alleviate some of that burden by developing a solid defense on your behalf to seek your best possible outcome. You do not have to navigate the Nevada criminal justice system alone. Call today to get started with a free consultation.