What are the penalties for a felony in Nevada?

Felony penalties in Nevada range from 1–4 years for the lowest class to life imprisonment for the most serious [§ 193.130]. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

Does Nevada have a speedy trial requirement?

Yes. Nevada requires trial within 60 days under certain conditions [§ 178.556]. 60 days from not guilty plea if in custody; otherwise at next regular term of court. Among the shortest statutory speedy trial periods for in-custody defendants.

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year) [§ 193.130]. Misdemeanors carry county jail time (up to 1 year) [§ 193.150]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Nevada Criminal Defense Guide — Charges & Process

Q: Can I get my criminal record expunged in Nevada?

Yes, for eligible offenses [§ 179.245 et seq.]. Waiting periods: Waiting periods vary by offense category and are measured from the completion of the sentence or supervision; some offenses are not eligible for sealing. Confirm your eligibility and waiting period with a lawyer.. Nevada uses 'sealing' rather than expungement. AB 192 (2019) expanded eligibility significantly.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Nevada.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Nevada Criminal Process — Step by Step Your Rights in an Nevada Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Nevada classifies criminal offenses §193.130

Nevada divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class A felony: 1 years to life, up to $100,000 fine - Class B felony: 1–20 years, up to $100,000 fine - Class C felony: 1–5 years, up to $10,000 fine - Class D felony: 1–4 years, up to $5,000 fine - Class E felony: 1–4 years, up to $5,000 fine

Misdemeanor classifications §193.150

Class Standard misdemeanor: up to 6 months, $1,000 fine §193.150 - Class Gross misdemeanor: up to 364 days, $2,000 fine §193.140

✓The classification of an offense determines not just the potential jail or prison time, but also fines §193.130 et seq., Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §193.150	State prison (1 year or more) §193.130
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §179.245 et seq.	Fewer offenses eligible §179.245 et seq.

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §171.124. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Nevada generally guarantees a right to bail before conviction, but bail can be denied for the most serious charges (such as first-degree murder) when the proof is evident or the presumption great — confirm the exact exceptions with a lawyer. NRS 178.484 sets out further exceptions and specific requirements for certain offenses. §178.484

Arraignment

The court formally presents charges, and the defendant enters a plea. Nolo contendere (no contest) pleas are permitted.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §176A.100, fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Nevada has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §171.188. County-based public defender offices. Clark County (Las Vegas) has the largest. State Board of Indigent Defense Services provides oversight.
Right to a speedy trial — Nevada provides a specific speedy trial deadline: 60 days §178.556. 60 days from not guilty plea if in custody; otherwise at next regular term of court. Among the shortest statutory speedy trial periods for in-custody defendants.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Nevada: Varies by offense; the maximum probation term is set by statute — confirm the current limit with a lawyer §176A.100.

⚠Nevada has a habitual offender law §207.010; §207.016. Habitual criminal: five prior felony convictions (category B, 5–20 years) or seven prior felony convictions (category A: life without the possibility of parole, life with parole eligibility after 10 years, or a definite term of 25 years with parole eligibility after 10 years). Certain drug possession/use convictions cannot be counted. Enhancement is not automatic: the prosecutor decides whether to charge it and the judge may dismiss the count. If the defendant denies a prior conviction, the court must find prior convictions sufficient to support habitual criminality.

Clearing your record

Nevada does allow certain criminal records to be sealed or expunged §179.245 et seq.. Waiting periods: Waiting periods vary by offense category and are measured from the completion of the sentence or supervision; some offenses are not eligible for sealing. Confirm your eligibility and waiting period with a lawyer.. Nevada uses 'sealing' rather than expungement. AB 192 (2019) expanded eligibility significantly.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §453.336. Marijuana possession: Legal (up to 1 oz recreational per Question 2/2016); over legal limit: misdemeanor (first offense), felony (subsequent).

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault. Domestic violence offenses carry additional consequences including protective orders §33.018 et seq..

Theft and property crimes

Classification depends on the value of property taken §205.0835. Felony threshold: $1,200 (category D felony for $1,200–$4,999, §205.0835).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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