Nevada Felony: Laws, Penalties, Sentencing, and Records

In Nevada, a felony is any crime that could result in either the death penalty or a prison sentence in a state facility. According to Nevada law, felonies are viewed as the most serious crimes. These offenses carry severe penalties, including lengthy prison sentences, substantial fines, restrictions on personal liberties, and permanent criminal records. Nevada categorizes felonies into five distinct groups (Categories A-E).

What Is Considered a Felony in Nevada?

Felonies in Nevada are defined under the Nevada Revised Statutes (NRS, Title 15 – Crimes and Punishments). Common Nevada felonies include:

• Violent Crimes: Murder, manslaughter, sexual assault, robbery, kidnapping, aggravated assault.
• Drug Crimes: Trafficking, distribution, and manufacturing of controlled substances.
• Property Crimes: Arson, burglary, auto theft, and theft of property worth $1,200 or more.
• White-Collar Crimes: Fraud, embezzlement, identity theft, forgery.
• Weapons Offenses: Felon in possession of a firearm, unlawful discharge of firearms, armed criminal action.

Some minor crimes can turn into felonies depending on certain factors. For instance:

• Small larceny is considered a minor crime. However, if someone steals something worth $1,200 or more, the individual will be charged with a felony.
• Assault can also become a felony if it is committed with a weapon or causes significant injury.

What Is a Felony in Nevada?

Nevada law defines a felony as any crime that can lead to either the death penalty or a prison sentence in a state facility. On the other hand, misdemeanors carry shorter jail terms of up to one year.

Consequences of a felony conviction in Nevada include:

• Prison sentences ranging from 1 year to life, or death for certain capital offenses.
• Fines up to $50,000, depending on the felony category.
• Loss of rights, including the right to vote while incarcerated.
• Permanent criminal record, which can impact employment and housing opportunities.

Felony Classes and Penalties in Nevada

Nevada categorizes felonies into five categories, namely Categories A, B, C, D, and E.

Nevada Felony Categories

• Category A Felony
  • Category A felonies include first-degree murder, sexual assault, kidnapping, and other violent crimes.
  • Penalty: Anyone convicted of these crimes may face the death penalty, life imprisonment without parole, or life imprisonment with parole after 20 years. Depending on mitigating factors, the offender may face a 25-year sentence with parole after 10 years.
• Category B Felony
  • Category B felonies include robbery, burglary, drug trafficking, and certain weapons crimes.
  • Penalty: Anyone convicted of these crimes faces a prison sentence of 1 to 20 years.
  • Fine: Offenders may also pay up to $10,000 in fines unless otherwise specified.
• Category C Felony
  • Category C felonies include mid-level theft, certain drug crimes, and forgery.
  • Penalty: Anyone convicted of these crimes faces a prison sentence of 1 to 5 years.
  • Fine: Offenders may also pay up to $10,000 in fines.
• Category D Felony
  • Category D felonies include lower-level property crimes, fraud, and drug possession with intent to distribute.
  • Penalty: This category of offense attracts a prison sentence of 1 to 4 years.
  • Fine: Offenders may also pay up to $5,000 in fines.
• Category E Felony
  • This category of felony is the least severe. It includes some lower-level thefts and repeat offenses.
  • Penalty: This category of offense attracts a prison sentence of 1 to 4 years. However, first-time offenders are usually placed on probation instead of prison.
  • Fine: Offenders may also pay up to $5,000 in fines.

Felony Sentencing Guidelines in Nevada

Sentencing in Nevada is based on statutory ranges. However, judicial discretion, mitigating and aggravating factors, and mandatory minimums may influence a person's sentence.

Key Sentencing Factors

1. Statutory Ranges: Statutory ranges refer to the mandatory minimum and maximum sentence for each felony offense.
2. Mandatory Minimums: This is the minimum prison sentence for each category of felony convictions. For example, drug trafficking, violent crimes, and firearm-related offenses have required minimum sentences.
3. Aggravating Factors: These are factors that can increase the severity of a felony sentence. Typical examples are the use of firearms, repeat convictions, and gang involvement.
4. Mitigating Factors: Mitigating factors are conditions that can reduce the severity of a felony sentence.
5. Habitual Criminal Statute: Nevada’s habitual offender law (NRS 207.010) allows the court to impose more severe penalties for repeat offenses, including possible life sentences.
6. Probation: Certain offenders, particularly those charged with Category E felonies, often result in probation. Category B–D felonies may also allow probation depending on the case.
7. Parole: Eligibility is determined by the Nevada Board of Parole Commissioners.

Felony Laws and Procedures in Major Nevada Cities

Las Vegas (Clark County)

Felonies in Las Vegas are prosecuted in the Eighth Judicial District Court. This is Nevada’s largest trial court. It oversees major violent crimes, drug trafficking, and financial crimes. Records are available through the Clark County Clerk of Court or the Nevada Supreme Court’s online case portal.

Reno (Washoe County)

Felony cases in Reno are tried in the Second Judicial District Court. This court handles property crimes, narcotics offenses, and violent crimes. Records are accessible through the Washoe County Clerk’s Office.

Carson City

Felonies in Carson City are prosecuted in the First Judicial District Court. This court handles a mix of drug, property, and violent crimes. Records can be obtained through the Carson City Clerk or statewide systems.

How to Search for Felony Records in Nevada

Nevada provides both online and in-person access to felony records.

1. Nevada Supreme Court Case Search

The Nevada Supreme Court and Appellate Court portal allows the public to search for felony case information by name or case number. Records typically include:

• Case numbers and docket history.
• Charges and filing details.
• Court location.
• Case outcomes and sentencing.

2. District Court Clerk’s Offices

Certified felony records must be requested directly from the Clerk of Court in the county where the case was prosecuted.

3. Nevada Department of Public Safety (DPS) – Records Bureau

The DPS Criminal History Repository maintains statewide criminal history records, including felony convictions. Fingerprint-based checks are available for employers, licensing boards, and individuals.

4. Local Police Departments and Sheriffs

Police departments maintain arrest and incident reports. Requests can be made under Nevada’s Public Records Act. However, information on pending investigations is limited.

5. Third-Party Background Checks

Private databases provide Nevada felony record searches, but official state and county sources are more reliable.

Open vs. Sealed Records

• Open Records: The majority of felony convictions are public.
• Sealing Records: Nevada does not allow expungement of criminal records, including felony convictions. However, offenders are allowed to seal their records after a waiting period (typically 2–15 years, depending on the offense). Crimes such as violent felonies and sex offenses are generally ineligible.

Why Understanding Felonies in Nevada Matters

Felony convictions in Nevada have lifelong effects that go beyond just fines and prison sentences. They limit civil rights, decrease job opportunities, and impact eligibility for housing and licenses. It is essential for individuals, employers, and organizations to understand the felony laws in Nevada and how to access records.

In Nevada, felonies are categorized into five groups (A–E). Penalties range from probation for Category E felonies to life in prison or even death for Category A crimes. Sentencing is based on legal ranges, habitual offender laws, and various aggravating or mitigating factors.

Felony records can be accessed via the Nevada Supreme Court portal. Alternatively, you can contact your county Clerk of Court office or visit theDepartment of Public Safety website.