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.
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:
- Statutory rape
- Possession of child pornography
- Drug trafficking
- 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.
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.
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.
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.
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.