Categories of Felonies in Nevada Under NRS 193.330

Felonies are the most serious criminal offenses in Nevada, often resulting in substantial penalties including long-term imprisonment, significant fines, and lasting social consequences. Nevada categorizes felonies under NRS 193.330 into five categories: Category A, Category B, Category C, Category D, and Category E. Each category comes with its own set of penalties, with Category A being the most severe and Category E the least severe in terms of punishment. Understanding the nuances of these classifications is vital for anyone facing felony charges in Nevada.

Josh Tomsheck, a highly experienced criminal defense attorney at Hofland & Tomsheck, has extensive knowledge of these felony categories and can effectively defend individuals charged with serious crimes in Nevada. Below is an overview of each felony category, its penalties, and examples of crimes that fall under each classification.

Category A Felonies

Category A felonies represent the most severe criminal offenses in Nevada. These crimes often involve significant harm, such as death or grievous injury, and can lead to life imprisonment or, in certain cases, the death penalty. Nevada law stipulates that Category A felonies are non-probationary, meaning convicted individuals must serve a prison sentence without the possibility of probation.

Penalties for Category A Felonies:

• Death penalty (for capital murder cases)
• Life imprisonment (with or without the possibility of parole)
• Minimum prison sentences ranging from 20 to 50 years
• Significant fines and restitution to victims

Examples of Category A Felonies:

1. First-Degree Murder (NRS 200.030): Intentional and premeditated killing of another person.
2. Sexual Assault with a Deadly Weapon (NRS 200.366): Committing sexual assault while using a deadly weapon.
3. Kidnapping in the First Degree (NRS 200.310): Unlawfully holding someone against their will for ransom or bodily harm.

Category B Felonies

Category B felonies are serious offenses but fall just below Category A in terms of severity. These crimes include both violent and non-violent acts, and they can result in long prison sentences. By definition, any felony with a potential prison term of six years or more is classified as Category B.

Penalties for Category B Felonies:

• Imprisonment for 1 to 20 years, depending on the offense
• Fines up to $15,000 or more, depending on circumstances
• Restitution to victims

Examples of Category B Felonies:

1. Robbery (NRS 200.380): Taking property from another through force or fear.
2. Burglary (NRS 205.060): Entering a building with the intent to commit theft or other crimes inside.
3. Aggravated Assault with a Deadly Weapon (NRS 200.471): Attacking someone with a deadly weapon, causing serious harm or placing the victim in fear of harm.

Category C Felonies

Category C felonies involve less severe crimes than Categories A and B, though they still carry significant consequences. Typically involving non-violent offenses like financial crimes or property-related offenses, individuals convicted of Category C felonies may be eligible for probation depending on the specifics of the case.

Penalties for Category C Felonies:

• Imprisonment for 1 to 5 years
• Fines up to $10,000
• Restitution to victims

Examples of Category C Felonies:

1. Fraudulent Use of a Credit Card (NRS 205.760): Using someone else’s credit card without authorization to make purchases.
2. Theft of Property Valued at $5,000 or More (NRS 205.0832): Stealing property valued at $5,000 or more.
3. Forgery (NRS 205.090): Falsifying or altering documents to defraud others.

Category D Felonies

Category D felonies are lesser in severity than Categories A, B, and C, though they still carry the possibility of prison time and fines. These felonies often involve property or financial crimes and, in some cases, first-time offenders may be eligible for probation.

Penalties for Category D Felonies:

• Imprisonment for 1 to 4 years
• Fines up to $5,000
• Restitution to victims

Examples of Category D Felonies:

1. Unlawful Possession of a Controlled Substance (NRS 453.336): Possession of illegal drugs without a prescription.
2. Attempted Grand Larceny (NRS 205.220): Attempting to steal property valued at $1,200 or more.
3. Vehicular Manslaughter (NRS 484B.657): Causing a death due to negligent or reckless driving without rising to the level of felony DUI.

Category E Felonies

Category E felonies are the least severe under Nevada law, and first-time offenders are usually eligible for probation. By statute, Category E felonies mandate probation unless the individual has prior felony convictions or the case involves aggravating circumstances. While Category E felonies carry lighter penalties than other categories, a conviction can still have long-lasting impacts.

Penalties for Category E Felonies:

• Imprisonment for 1 to 4 years (probation is typically granted for first-time offenders)
• Fines up to $5,000
• Restitution to victims in applicable cases

Examples of Category E Felonies:

1. Theft of Property Less Than $1,200 (NRS 205.0832): Stealing property valued between $1,200 and the threshold for misdemeanor theft.
2. Possession of a Controlled Substance (First Offense) (NRS 453.336): First-time possession of small quantities of controlled substances.
3. Check Fraud (NRS 205.130): Writing a check with the intent to defraud while knowing that there are insufficient funds in the account.

How Attorney Josh Tomsheck Can Help

Facing felony charges in Nevada can be overwhelming, especially when the penalties include lengthy prison sentences, fines, and a permanent criminal record. Whether you are facing a Category A felony or a less severe Category E felony, the consequences can still be life-altering. Josh Tomsheck, a nationally board-certified criminal defense attorney and former Chief Deputy District Attorney, has extensive experience in navigating Nevada’s felony classifications and defending individuals against felony charges.

Josh Tomsheck’s deep knowledge of Nevada’s criminal justice system allows him to develop strong defense strategies tailored to each client’s case. Whether it’s working to reduce or dismiss charges, negotiating probation terms, or defending a case at trial, Josh is dedicated to achieving the best possible outcome for his clients.

If you or a loved one is facing felony charges in Nevada, contact Josh Tomsheck at Hofland & Tomsheck. With a proven track record of success and a commitment to protecting your rights, Josh is here to help you build a strong defense. Call 702-895-6760 today to schedule a consultation and start your defense strategy.