In Nevada, gross misdemeanors are a class of crimes that are considered more serious than simple misdemeanors but still less serious than felonies. If convicted of a gross misdemeanor, you will generally be facing a maximum sentence of up to 364 days in jail and up to $2,000.00 in fines.
The Right to a Trial
If you are charged, you can have:
- a jury trial or
- a bench trial.
Examples
Common examples of gross misdemeanors include statutory rape, most child endangerment cases, aiming a gun at another person, and a first offense of indecent exposure or open or gross lewdness.
Criminal records
Most gross misdemeanor conviction records can be sealed once the case has been over for two (2) years. If you are not a U.S. citizen, a conviction could result in deportation.
The language of NRS 193.140 states:
Every person convicted of a gross misdemeanor shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment, unless the statute in force at the time of commission of such gross misdemeanor prescribed a different penalty.
The following table compares and contrasts misdemeanors and gross misdemeanors in Nevada.
| Misdemeanors | Gross Misdemeanors | |
| Penalty Range | Up to 6 months in county jail and/or up to $1,000 fine | Up to 364 days in county jail and/or up to $2,000 fine |
| Examples | ||
| Record Seal Wait Time for Convictions | 1 year after case closed for most cases 2 years after the case closed for simple battery, harassment, stalking, or violation of a protection order 7 years after the case closed for DUI | 2 years after case closed |
| Jury Trial Rights | No right to jury trial (bench trial only) | Right to jury trial |
| Immigration Consequences | Generally less severe, but can still lead to deportation for certain offenses (such as domestic violence) | More likely to be considered a “crime involving moral turpitude,” which can lead to deportation or inadmissibility |
In this article, our Las Vegas criminal defense attorneys answer the following key questions:
- 1. What are gross misdemeanors?
- 2. What are the penalties?
- 3. Can I get a jury trial?
- 4. Can I get a record seal?
- 5. Do I risk deportation?
Gross misdemeanors are more serious than misdemeanors. But less serious than felonies.
1. What are gross misdemeanors?
Gross misdemeanors are a type of criminal offense in Nevada that is punished
- more harshly than misdemeanors but
- less harshly than felonies.
Note that attempting to commit a category C, D, or E felony is a “wobbler” crime that can be treated as either a felony or a gross misdemeanor.
2. What are the penalties?
Gross misdemeanor punishments in Nevada may include:
- Up to $2,000 in fines, and/or
- Up to 364 days in jail.
However, judges may let you avoid jail completely. If your defense attorney can show the prosecutors that their evidence is weak, they may agree
- to lower the charge down to a misdemeanor offense or
- to dismiss it altogether.
Note that most people use the terms “jail” and “prison” interchangeably, but they are very different: Anyone sentenced to incarceration for a misdemeanor or gross misdemeanor in Nevada will serve the time in a city or county jail, which is usually located in metropolitan areas close to the courthouse.
Only people serving out felony sentences go to state prisons, which are usually in rural areas.
In Nevada, gross misdemeanors can result in up to 364 days in jail and/or up to $2,000 in fines.
3. Can I get a jury trial?
Yes, you may have a jury trial on a gross misdemeanor charge. This is because the U.S. Constitution’s Sixth Amendment guarantees the right to a trial by jury for charges that may result in more than six (6) months of incarceration.
4. Can I get a record seal?
If you have a gross misdemeanor conviction in Nevada, you have to wait two (2) years before asking the court to seal your criminal record. Note that Nevada courts will not seal sex crimes or crimes against children.
It is important to retain counsel to try to lower the charge to a simple misdemeanor, most of which require only a one (1) year waiting time. In cases where the court drops the charge, there is no waiting time to start a record seal.
Dismissed charges are sealable right away.
5. Do I risk deportation?
Possibly. There are some gross misdemeanors that are “crimes involving moral turpitude” in Nevada, which are deportable. That is why any non-citizens should seek counsel immediately.