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Felony vs. Misdemeanor in Nevada

Felony vs misdemeanor in Nevada is not one line — it’s a ladder with seven rungs, and which rung your charge sits on decides the courtroom, the maximum sentence, the fine, whether probation is even possible, and how long the conviction follows you. Most websites explaining it either import other states’ terminology or skip the actual numbers. This guide gives you Nevada’s real classification system, from a simple misdemeanor to a category A felony, with the statutes attached.

If you already know your charge level and want to know what happens next, our felony defense team and Nevada criminal penalties guide go deeper — this page is the map.

Orlando De Castroverde — Las Vegas Criminal Defense Attorney

Criminal Defense Attorney at De Castroverde Law Group

Member of the Nevada Justice Association’s Membership Committee; Guardian of Justice, Board of the Las Vegas Metropolitan Department Foundation, Nevada State Bar

Felony vs. Misdemeanor
Orlando De Castroverde

De Castroverde Law

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Nevada's Three Tiers: Misdemeanor, Gross Misdemeanor, Felony

Nevada divides crimes into three tiers. A misdemeanor — under NRS 193.150 — carries up to 6 months in county jail and a fine of up to $1,000, with courts able to substitute community service; most traffic-adjacent offenses, first-time petty theft, simple battery, and first and second DUI live here. A gross misdemeanor — NRS 193.140 — is Nevada’s in-between tier: up to 364 days in county jail and up to $2,000. And felonies, under NRS 193.130, are punished in state prison and divided into five categories, A through E, which the table below breaks down.

The tier controls more than punishment. Misdemeanors and gross misdemeanors are resolved entirely in justice or municipal court; felonies move to the Eighth Judicial District Court through a preliminary hearing. And the tier drives the aftermath — from firearm rights to how long you wait before the record can be sealed.

The Nevada Felony Classes: Category A Through E

Category Prison term Fine Notes
A Life (with or without parole) or death, as the specific statute provides Set by specific statute Murder, sexual assault, first-degree kidnapping
B Minimum 1 year up to maximum 20 years — exact range set by each statute Set by specific statute The workhorse class: robbery, assault with a deadly weapon, felony DUI, trafficking
C 1–5 years Up to $10,000 Battery causing substantial bodily harm, grand larceny $5,000–$25,000
D 1–4 years Up to $5,000 Third-offense drug possession, grand larceny under $5,000, first failure-to-register
E 1–4 years Up to $5,000 Lowest felony class — probation is MANDATORY for most first offenders (see below)

Two mechanics make this table work in practice. First, the 40% rule: for every non-A felony, the minimum term the judge sets cannot exceed 40% of the maximum — a 10-year maximum means the minimum can be at most 4 years. Second, the category E probation presumption: under NRS 193.130, the court must suspend the sentence and grant probation on a category E felony unless the defendant has two or more prior felony convictions (NRS 176A.100). A first-time category E defendant who is told to expect prison is being told wrong.

The Gross Misdemeanor: Nevada's Middle Ground

The gross misdemeanor confuses more people than any other level — it is not a felony, but it is far more than a traffic ticket. The 364-day maximum is deliberate: staying one day under a year keeps the offense out of felony territory for many collateral purposes, including certain immigration consequences. Common gross misdemeanors include open and gross lewdness (first offense), assault on a protected person, and many first-offense charges negotiated down from category E or D felonies. That last point matters most: the gross misdemeanor is where good felony defense often lands a case — same facts, dramatically different future.

What the Level Really Costs: Collateral Consequences Compared

The sentence is only the visible cost. A felony conviction — any category — ends firearm rights, threatens professional and gaming licenses, complicates housing and employment screening, and for non-citizens can trigger immigration consequences up to removal. Gross misdemeanors carry lighter but real collateral weight, and even misdemeanors show on background checks until sealed. In a licensing town like Las Vegas, the practical difference between a category E felony and a gross misdemeanor can be a career — which is why charge-level negotiation is often the most valuable work in a case, worth more than the difference in jail exposure suggests.

One collateral consequence deserves its own warning: firearm rights lost to a felony conviction are not restored by record sealing — in Nevada that generally requires a pardon. If gun ownership matters to you, the time to protect it is before conviction, at the charge-level stage, not years later at the sealing stage.

How Long Until It Can Be Sealed?

Nevada seals records rather than expunging them — and the waiting period is set by the classification level, which makes this table the comparison’s bottom line:

Conviction level Sealing wait (after case closes)
Category A felony / crime of violence / residential burglary 10 years
Category B, C, or D felony 5 years
Category E felony 2 years
Gross misdemeanor 2 years
Misdemeanor DUI or battery domestic violence 7 years
Most other misdemeanors 1–2 years

Dismissals and acquittals can be sealed immediately, and some convictions — certain sex offenses, crimes against children, felony DUI — can never be sealed at all. The full process, step by step, is on our sealing your record page. For comparison purposes, note what the table implies: a charge negotiated from a category B felony to a gross misdemeanor doesn’t just cut prison exposure — it cuts the sealing wait from 5 years to 2.

Wobblers: When a Felony Can Become a Misdemeanor

Nevada charge levels are more movable than defendants assume. Some statutes let a court reduce a category E felony to a gross misdemeanor or misdemeanor at sentencing or after probation; prosecutors routinely negotiate levels as part of resolution; and diversion or specialty-court outcomes can convert what was charged as a felony into a misdemeanor judgment — Nevada’s felony DUI treatment program is built exactly that way. The charge on the arrest paperwork is the State’s opening position, not the final classification. What the conviction ultimately says is the thing worth fighting about, because every consequence on this page keys off it.

Facing Either? Why the Level Is Worth a Lawyer

People hire lawyers for felonies and talk themselves out of it for misdemeanors — and both instincts miss how Nevada actually works. Felony cases are where De Castroverde Law Group’s trial team fights classification, negotiates levels, and protects everything the table above puts at risk. But misdemeanors deserve defense too: they carry jail exposure, immigration risk, and years of background-check visibility, and they are frequently winnable. Our Las Vegas criminal defense attorney team handles every rung of the ladder, in English and Spanish, and the consultation that tells you what you’re really facing is free.

Felony vs. Misdemeanor — Frequently Asked Questions

No. It’s Nevada’s middle tier — above a misdemeanor, below a felony — with up to 364 days in county jail and a $2,000 fine. It does not carry prison time or felony collateral consequences, which is exactly why negotiating a low-level felony down to a gross misdemeanor is such a common and valuable defense outcome.

The second-most-serious class and the most commonly charged serious felony: each B-level statute sets its own range between a 1-year minimum and a 20-year maximum. Robbery (2–15), assault with a deadly weapon (1–6), and felony DUI (1–6) are all category B — same class, very different ranges, which is why the specific statute matters more than the letter.

Often, yes. Category E felonies carry a mandatory probation presumption for defendants without two prior felonies, and probation is available across most C, D, and many B cases depending on the offense. Some charges — certain violent and sexual offenses, felony DUI at some levels — restrict or bar it. Whether probation is realistic in your case is a statute-specific question a lawyer can answer in one conversation.

Yes — until sealed, every conviction level is visible to standard background checks. Most simple misdemeanors become sealable one year after the case closes (two for gross misdemeanors, seven for DUI and domestic battery). Sealing is the step that actually ends a case’s shadow, and it isn’t automatic — you have to petition.

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