Las Vegas Felony Defense Attorney

Category B felonies carry prison terms ranging from 1 to 20 years, depending on the specific offense, plus fines of up to $15,000. Category B is the broadest felony class in Nevada and covers a wide range of offenses. Examples include robbery, assault with a deadly weapon, burglary, voluntary manslaughter, drug trafficking, battery with substantial bodily harm, and grand larceny of $25,000 or more. Learn more about Category B felony penalties on our blog.

Category C felonies carry 1 to 5 years in prison and fines of up to $10,000. Examples include grand larceny of property valued between $5,000 and $25,000, forgery, stalking (aggravated first offense), and abuse or neglect of a child or elderly person.

Category D felonies carry 1 to 4 years in prison and fines of up to $5,000. Examples include grand larceny of property valued between $1,200 and $5,000, involuntary manslaughter, indecent exposure (subsequent offense or with a minor present), stalking (first offense without aggravating factors), and certain fraud offenses.

Category E felonies are the least severe felony class but still carry significant consequences: 1 to 4 years in prison and fines of up to $5,000. However, Category E felonies are the most likely to qualify for probation rather than prison. Examples include possession of a controlled substance for personal use (first or second non-trafficking offense under NRS 453.336), certain low-level forgery offenses, and breach of conditions of residential confinement.

At the initial appearance, the judge informs you of the charges and sets bail. For serious felonies, bail can range from tens of thousands to hundreds of thousands of dollars. Your attorney can argue for reduced bail or release on your own recognizance based on your ties to the community, criminal history, and flight risk.

Within 15 days of your initial appearance (if you are in custody), the state must hold a preliminary hearing in justice court. The prosecutor must present enough evidence to establish probable cause that a felony was committed and that you committed it. This is not a trial — the standard of proof is much lower. However, a skilled defense attorney can use the preliminary hearing to challenge weak evidence, cross-examine witnesses, and potentially get charges reduced or dismissed.

If the judge finds probable cause at the preliminary hearing, your case is bound over to Clark County District Court. At arraignment, you enter a formal plea: guilty, not guilty, or no contest. Most felony defendants plead not guilty at arraignment to preserve all defense options.

The pre-trial phase is where much of the critical defense work happens. Your attorney can file motions to suppress evidence obtained through illegal searches, challenge witness identifications, or request dismissal based on constitutional violations. This is also when plea negotiations occur — in many felony cases, the best outcome is a negotiated reduction from a felony to a gross misdemeanor or misdemeanor.

If your case goes to trial, you have the right to a jury trial for any felony charge. The prosecution must prove every element of the offense beyond a reasonable doubt. De Castroverde Law Group prepares every felony case as if it will go to trial, because trial-ready preparation produces better outcomes at every stage — including plea negotiations.

If convicted at trial or after a guilty plea, sentencing is scheduled separately. The judge considers the pre-sentence investigation report, victim impact statements, your criminal history, and any mitigating circumstances. Your attorney can present evidence and arguments for the lowest possible sentence, probation where available, or alternative sentencing options.

In Nevada, a person convicted of a felony loses the right to vote while incarcerated. Under current Nevada law (AB 431, effective July 2019), voting rights are automatically restored upon release from prison — there is no waiting period and no petition required. However, you must re-register to vote after release.

A felony conviction creates significant employment barriers. Nevada is a “ban the box” state (AB 319), meaning most employers cannot ask about criminal history on the initial job application. However, employers can inquire about convictions later in the hiring process, and certain industries — gaming, healthcare, education, law enforcement, and financial services — are exempt from ban-the-box protections and conduct thorough background checks. Many professional licenses require disclosure of felony convictions, and some convictions result in automatic disqualification.

Finding housing with a felony record is difficult. Landlords routinely conduct background checks, and while there is no blanket Nevada law prohibiting landlords from denying applicants with felony records, many property management companies have policies that screen out convicted felons. Federally subsidized housing (Section 8, public housing) has additional restrictions, and certain drug-related or sex-offense felonies can result in permanent disqualification from public housing.

For non-U.S. citizens, a felony conviction can trigger deportation, denial of naturalization, or denial of re-entry into the United States. Under federal immigration law, most felonies qualify as either crimes involving moral turpitude (CIMT) or aggravated felonies — both of which carry severe immigration consequences. Aggravated felonies trigger mandatory deportation with virtually no relief available. Even crimes that are misdemeanors under Nevada law can be treated as aggravated felonies under immigration law if the sentence imposed is one year or more. If you are a non-citizen facing felony charges, it is critical to work with a defense team that understands both criminal law and immigration law. De Castroverde Law Group practices both criminal defense and immigration law, giving our clients an integrated defense approach. Learn more about how criminal charges affect non-U.S. citizens.

Even for higher-category felonies, an experienced defense attorney can negotiate with prosecutors to reduce charges before trial. Common negotiated outcomes include reducing assault with a deadly weapon (Category B) to simple battery (misdemeanor), reducing drug trafficking to possession with intent (lower category), or reducing burglary to trespassing. The strength of the prosecution’s evidence, the defendant’s criminal history, and the specific circumstances of the case all factor into plea negotiations.

Clark County offers several specialty court programs that can result in reduced or dismissed charges for eligible defendants. Drug Court provides treatment-based alternatives to incarceration for non-violent drug offenders. Mental Health Court serves defendants whose criminal conduct is related to mental illness. Veterans Treatment Court is available for veterans facing criminal charges. Successful completion of these programs can result in charges being reduced or dismissed entirely.

Yes, depending on the felony category and the circumstances. Category E felonies are the most commonly reduced — judges can grant probation and, upon successful completion, reduce the conviction to a gross misdemeanor. For higher-category felonies, an experienced defense attorney can negotiate with prosecutors to reduce charges as part of a plea agreement. Specialty courts (Drug Court, Mental Health Court, Veterans Treatment Court) may also result in reduced or dismissed charges for eligible defendants.

A felony conviction remains on your record permanently unless you successfully petition to have it sealed. Sealing does not erase the conviction but hides it from most public background checks. Waiting periods range from 2 years (Category E) to 10 years (Category A) after the case closes. Some felonies — crimes against children, certain sex offenses, felony DUI, and home invasion — cannot be sealed.

At the preliminary hearing, the prosecutor must present enough evidence to establish probable cause that a felony was committed and that you committed it. Your defense attorney can cross-examine witnesses and challenge the evidence. If the judge does not find probable cause, the charges can be dismissed. If probable cause is found, the case moves to district court for arraignment.

Probation eligibility depends on the felony category. Category A felonies are not probation-eligible. Category B eligibility varies by the specific statute. Categories C, D, and E are generally probation-eligible, and Category E carries a presumption of probation for first-time offenders. Even when probation is available, a judge can deny it based on the severity of the offense, the defendant’s criminal history, or other aggravating factors.

Yes, potentially. Most felonies qualify as either crimes involving moral turpitude (CIMT) or aggravated felonies under federal immigration law. Aggravated felonies trigger mandatory deportation with virtually no relief. Even certain offenses classified as misdemeanors under Nevada law can be treated as aggravated felonies if the sentence is one year or more. If you are a non-citizen facing felony charges, working with a law firm that handles both criminal defense and immigration law is essential. De Castroverde Law Group practices both.

Category B felonies carry prison terms ranging from 1 to 20 years, depending on the specific offense, plus fines of up to $15,000. The exact penalty range is defined by the specific statute. For example, robbery carries 2 to 15 years, assault with a deadly weapon carries 1 to 6 years (or 2 to 15 years if substantial bodily harm occurred), and burglary carries 1 to 10 years. Learn more about Category B felony penalties.

No. Under both Nevada law (NRS 202.360) and federal law (18 U.S.C. § 922(g)), a person convicted of any felony is permanently prohibited from owning, possessing, or having custody of any firearm. This applies to all five felony categories. The only way to restore firearm rights after a felony conviction is through a pardon or a specific court order restoring that right. Possession of a firearm by a convicted felon is itself a Category B felony carrying 1 to 6 years in prison.

The cost of felony defense varies depending on the complexity of the case, the felony category, and whether the case goes to trial. De Castroverde Law Group offers free initial consultations so you can understand your charges, your options, and the likely costs before making any decisions. We work with clients to make quality defense accessible.

A crime is classified as a felony when Nevada statute defines it as punishable by one year or more in state prison. Some offenses are always felonies (murder, sexual assault, robbery). Others become felonies based on the circumstances: for example, theft becomes a felony when the value of property stolen exceeds $1,200, DUI becomes a felony on a third offense within 7 years or when it causes death or serious injury, and battery becomes a felony when it results in substantial bodily harm. Read more about when a crime becomes a felony in Nevada.