Las Vegas Felony Attorney
Last Modified: December 18, 2023
Related Practice Areas
Contact Us
Felony Charges In Las Vegas, Nevada
Felony convictions carry severe consequences including: a lifetime criminal record that, in most cases, cannot be removed from your record and follow you for the rest of your life, being forced to submit your DNA to the state of Nevada, costly fines, the loss of constitutional rights including the ability to vote and possess a firearm, having to notify neighbors of your felony status in some cases, the loss of employment opportunities and the stigma of being a “convicted felon”.
If you have been charged with a felony charge or accused of committing one, you need a committed and skilled Las Vegas felony defense attorney to provide you with an aggressive legal defense. From conspiracy and gun charges to theft and juvenile crimes, let our legal team put our 10+ years of experience to work for you. We will stand up for your rights and protect your interests. Contact the Spartacus Law Firm today for a consultation to learn more about how we can help. Home and jail visits are available.
Examples Of Felony Charges In Nevada
Felony charges in Las Vegas, Nevada are serious and carry with them severe penalties if convicted. Some felony examples are drug possession, hit and runs, assault, theft, and sexual assault. If you have been accused of a felony charge, get an attorney ASAP. At the Spartacus Law Firm, our experienced Las Vegas felony defense attorney is prepared to fight for you. In some cases, we can get the charges dismissed. If that’s not possible, we’ll look to convince the prosecutor to reduce to a lesser charge or even a misdemeanor. Unlike felonies, misdemeanors are considered relatively minor crimes. So if you’re convicted of one, it shouldn’t have lasting effects on your employment or housing prospects.
- Third DUI conviction in seven years
- Felony DUI
- DUI causing death or serious bodily harm
- Certain domestic violence incidents
- Kidnapping
- Murder
- Robbery
- Arson
- Grand Larceny
- Drug Crimes
Penalties For Felony Crimes in Las Vegas, Nevada
Category A felonies may result in death or life imprisonment, whereas Category E misdemeanors are generally sentenced to one to four years in prison. The penalties for the other categories fall somewhere within these ranges. The consequences are as follows:
Category A felonies carry:
- Life in prison with the possibility of parole,
- Life in prison without the possibility of parole, or
- Death penalty (in first-degree murder cases)
Category B felonies carry:
- A prison sentence of one to twenty (1 – 20) years, and
- Potentially a fine
Category C felonies carry:
- One to five (1 – 5) years in prison, and
- Maybe up to $10,000 in fines
Category D felonies carry:
- One to four (1 – 4) years in prison, and
- Maybe up to $5,000 in fines
Category E felonies carry:
- Probation and a suspended sentence
- With a possible jail sentence of up to 1 year
- But if the defendant has two or more prior felony convictions, the court may order a prison term of one to four years of Nevada State Prison and a maximum of $5,000 in fines.
Aggravated Felonies In Nevada
The term “aggravated felony” refers to a group of serious felonies that include violent, sexual, financial, and property crimes. Non-citizens convicted of aggravated felonies are swiftly deported from the United States and are permanently banned from obtaining visas or green cards in the future. Aliens who have been convicted of an aggravated felony cannot apply for asylum. Individuals who have been convicted of a crime may still be able to avoid deportation through post-conviction relief, such as filing a motion to withdraw their plea or habeas corpus petition. Our Las Vegas criminal defense attorney can answer any questions you may have about the types of crimes that can get immigrants deported in Nevada. Below are some of the more common types of aggravated felonies in Nevada:
- Murder
- Rape
- Statutory rape
- Possession of child pornography
- Kidnapping
- Drug trafficking
- Racketeering
- Fraud or tax evasion (for more than $10,000)
- Any violent crime or theft with a prison sentence of one year or longer
If you are not a citizen and have been accused of a crime, please contact our office as soon as possible to speak with our Las Vegas felony defense attorney. We will work on your behalf to get the charges against you dropped or reduced to an offense that is not considered deportable.
Preliminary Hearing
The Nevada criminal procedure has a preliminary hearing, which is a crucial point in the process. To effectively defend you, you’ll need competent legal counsel. A preliminary hearing is a formal hearing during which the prosecution must persuade the Justice of the Peace that there is weak or minor evidence that the defendant committed an offense.
The primary objective of a preliminary hearing is to establish whether there is enough evidence to support going to trial. It operates similarly to a probable cause hearing. During the preliminary hearing, the prosecution must provide witnesses and evidence that establishes the crime occurred. The Defense then has an opportunity to question these witnesses. If the Justice of the Peace decides that even small amount of evidence exists, the case will transfer over to District Court.
In Clark County, there are numerous jurisdictions that conduct preliminary hearings. If the incident is alleged to have taken place within the boundaries of the Las Vegas Township, it will be handled in front of one of the 14 Las Vegas Justice Courts. Other areas of jurisdiction in Clark County include North Las Vegas, Henderson, Mesquite, Goodsprings, and Laughlin.
Indictment vs. Information
An Indictment is a charging document that has received the approval of the grand jury. A grand jury is a secret proceeding in which only the prosecution’s side is heard, and it decides whether there is enough evidence to go to trial after hearing evidence. The Defense isn’t aware of the grand jury proceedings and doesn’t get to present any evidence.
An indictment is a formal accusation that someone has committed a crime. This happens when the grand jury finds enough evidence. An information is another way to accuse someone of a criminal act, presented by an authorized public official. So, both an information and an indictment are two ways to charge the Defendant with a crime.
Arraignment Hearing
In District Court, the Defendant will get formal notification of the criminal allegations against him. An arraignment is a reading of the Information or Indictment for a defendant that occurs formally.
At the arraignment, the Defendant is given the option of pleading guilty or not guilty. The court will set a trial date after the Defendant enters his plea. A right to a speedy trial is guaranteed by the Constitution. In Nevada, courts tend to establish a trial date 60 days following an arraignment. However, due to delays in Clark County, and other causes, the Defendant may not be tried within 60 days.
The Clark County District Court is in the Regional Justice Center on Las Vegas’ northwest side. Any crime alleged to have occurred in Clark County would be handled by the Clark County District Court.
Jury Trial
In the State of Nevada, a jury of 12 people is used to decide issues. Before a trial begins, jurors are selected from a pool of local residents. The prosecutors must satisfy the burden of proof beyond reasonable doubt in order for a case to be successful.
The jury’s verdict will be based on whether they believe that the prosecution has proven their case beyond a reasonable doubt. If the answer is yes, then the jury will return a guilty verdict. However, if they unanimously decide that the State has not proved its burden, then the jury will enter a not guilty verdict.
If the jury is unable to come to a unanimous decision, it is called a “hung jury,” which leads to a mistrial. Once a mistrial has been declared, the prosecution will decide if they want to have another trial.
Felony charges in Las Vegas, Nevada are serious and carry with them severe penalties if convicted. Some felony examples are drug possession, hit and runs, assault, theft, and sexual assault. If you have been accused of a felony charge, get an attorney ASAP. At the Spartacus Law Firm, our experienced Las Vegas felony defense attorney is prepared to fight for you. In some cases, we can get the charges dismissed. If that’s not possible, we’ll look to convince the prosecutor to reduce to a lesser charge or even a misdemeanor. Unlike felonies, misdemeanors are considered relatively minor crimes. So if you’re convicted of one, it shouldn’t have lasting effects on your employment or housing prospects.
Frequently Asked Questions
How Long Does A Felony Stay On Your Record In Nevada?
Court convictions in Nevada are permanent and will remain on your record. The charges, plea (guilty or not guilty), final verdict, parole, and early release information is all part of the court records that Nevada maintains.
Court conviction records do not typically include cases that were dismissed or where the person was found not guilty. However, there will be other records in existence which state that you were arrested and charged with a felony–as described below. Along with court conviction records, Nevada also keeps a Criminal Record of all individuals who have had any sort of official interaction with the law. Felony crimes may be sealed after specified time periods depending on the category:
- Category A felony convictions may be sealed ten (10) years after the case is closed.
- Category B felony convictions may be sealed five (5) years after the case is closed.
- Category C felony convictions may be sealed five (5) years after the case is closed.
- Category D felony convictions may be sealed five (5) years after the case is closed.
- Category E felony convictions may be sealed two (2) years after the case is closed.
How Is A Nevada Felony Different Than A Misdemeanor?
There are a few key ways that distinguish a felony from a misdemeanor, including:
- The main difference between felonies and misdemeanors is that typically, felony crimes result in a prison sentence while misdemeanor crimes usually carry a jail sentence or suspended sentences
- Felony crimes involve prison time of 365 days or more. Whereas misdemeanors are punishable by up to 364 days in jail
- Felony crimes are categorized A through E in Nevada, while misdemeanors are categorized as either simple or gross
How Does A Felony Conviction Impact Your Future?
A felony conviction on your record can have a significant impact on your life. To begin, you’ll almost certainly be sentenced to jail time for the crime itself as well as fines and restitution. Then there are laws in place that will restrict your rights. For example, you won’t be able to own a gun. You may also face charges of being a felon in possession of a firearm if you choose to possess one anyway. You will also lose your right to vote. A felony charge can impact your future, that’s why it’s critical that you work with a Las Vegas felony defense attorney.
Contact Our Las Vegas Felony Defense Attorney Today
At the Spartacus Law Firm, we investigate crimes in Nevada to provide guidance and support to those who have been accused. We are dedicated to providing the best possible service to our clients, and we believe that everyone is entitled to a fair trial. Being arrested or watching a loved one get accused of a crime is tough, especially in Las Vegas. But you are not alone–we are here to help you through every step the legal process, offering our experienced support and advice. Contact our Las Vegas felony defense attorney today for a consultation and we will make sure that you have the best possible defense during your case.