Category B felonies are the second most serious class of felony crimes in Nevada. A conviction carries a maximum sentence of twenty (20) years in state prison.
Common examples of category B felonies include such Nevada crimes as
- assault with a deadly weapon,
- battery with intent to kill,
- reckless driving causing substantial bodily harm or death, and
- a first offense of child porn possession.
Section 193.130(b) of the Nevada Revised Statutes reads:
A category B felony is a felony for which the minimum term of imprisonment in the state prison that may be imposed is not less than 1 year and the maximum term of imprisonment that may be imposed is not more than 20 years, as provided by specific statute.
In the majority of criminal cases, category B felonies can be plea-bargained down to
- a lesser felony,
- a misdemeanor, or
- possibly a full dismissal.
If the criminal defense attorney and D.A. cannot reach a resolution out of court, you may ask for a jury trial.
Many category B convictions may be sealed after a five (5) or ten (10) year waiting period. Non-U.S. citizens accused of category B felonies risk getting deported unless the case gets dropped or changed to a non-deportable crime.
The following table spells out the penalty ranges for Nevada’s five categories of felonies:
| Felony Category in Nevada law | Penalties (under Nevada Revised Statute 193.130) |
| A |
|
| B |
|
| C |
|
| D |
|
| E | Probation and a suspended sentence with a possible jail sentence of up to 1 year. Though if you have two or more prior felony convictions, the court may order:
|
Below our Las Vegas criminal defense attorneys answer frequently asked questions:
- 1. What are Category B felonies?
- 2. What are the penalties?
- 3. Can I get a jury trial?
- 4. Is the record sealable?
- 5. What are the immigration consequences?
Category B felonies in Nevada carry up to 20 years in prison.
1. What are Category B felonies?
Category B felonies in Nevada are considered the second most serious offense in the state after category A felonies.1 Typical category B crimes are:
- Voluntary manslaughter2
- Invasion of the home3
- Grand larceny (if the value of the property is $25,000 or more)4
- Second-degree kidnapping5
- Robbery6
2. What are the penalties?
Category B felonies in Nevada carry the following sentence:
- one to twenty (1 – 20) years in prison, and
- maybe a fine depending on the crime7
When a Nevada judge imposes a prison sentence range for a felony conviction, the minimum cannot exceed 40% of the maximum. For example, if a judge orders you to a maximum prison term of twenty (20) years, the minimum time has to be no more than eight (8) years, which is 40% of twenty (20) years.8
See our related article, What are the Nevada felony sentencing guidelines?
Category B felony defendants who go to trial may choose between a jury trial or a bench trial.
3. Can I get a jury trial?
Yes, if you are facing category B charges in Nevada, you have the right to a trial by jury.9
4. Is the record sealable?
Category B felonies that are violent crimes have a ten (10) year record seal waiting period. Burglary of a residence also carries a ten (10) year record sealing waiting period. This waiting period begins only after the case closes.
Otherwise, category B felonies in Nevada can be sealed five (5) years after the case is closed. Though the case can never be sealed if the charge was for:
- sex crimes,
- crimes against children, or
- felony DUI10
In cases where the category B charge gets dropped (so there is no conviction), the court can comply with a record seal request right away.11
The following table spells out the record seal wait times for Nevada’s five felony categories:
| Type of Nevada Felony Conviction | Waiting Period to Get a Record Seal |
| Category A felony Crime of violence Burglary of a residence | 10 years after the case closes |
| Category B felony | 5 years after the case closes |
| Category E felony | 2 years after the case closes |
| Sex crimes Crimes against children | never |
5. What are the immigration consequences?
Many category B felonies qualify as aggravated felonies and/or crimes involving moral turpitude, which are deportable. However if the court reduces the charges to a non-deportable offense, alien defendants may be able to stay in the U.S. 12
Legal References:
- NRS 193.130.
- NRS 200.050.
- NRS 205.067.
- NRS 205.220.
- NRS 200.310.
- NRS 200.380.
- NRS 193.130.
- Id.
- U.S. Constitution, Sixth Amendment.
- NRS 179.245.
- NRS 179.255.
- 8 USC § 1227.