Nevada Felony Categories and Sentencing: Enhancements and Sealing

Nevada felony categories and sentencing are set by NRS 193.130, which sorts every felony into one of five tiers labeled A through E. Category A is the most serious and can carry death or life in prison; Category E is the least serious and comes with a presumption of probation instead of prison. The category a crime falls into controls the prison range, the fine cap, whether probation is on the table, how enhancements stack, and how long a person must wait before asking to seal the record.¹

Category A Felonies

Category A is reserved for the most serious offenses in Nevada, including first-degree murder and sexual assault. A conviction can result in death, life without the possibility of parole, or life with parole eligibility after a set number of years.¹ Nevada still authorizes capital punishment, though executions have been rare in recent decades.

There is no single sentencing window at this level. The specific penalty is written into the individual offense statute. Sexual assault, for example, carries life with parole eligibility after a minimum of 10 years when no substantial bodily harm occurs, and life without parole when it does. Sexual assault against a child under 16 pushes the minimum before parole eligibility to 25 or 35 years depending on the child’s age, and a repeat offender faces life without parole.²

Category B Felonies

Category B is the second tier and captures crimes like robbery, residential burglary, and certain drug offenses. The overall statutory range runs from a minimum of 1 year to a maximum of 20 years in state prison, but the actual window for any given crime is narrower. Individual offense statutes commonly set shorter caps of 6, 10, or 15 years depending on the conduct.¹

Unlike the lower categories, NRS 193.130 sets no default fine cap for Category B. Whether a fine applies, and how much, depends on the specific offense statute. Some Category B crimes authorize fines of $10,000 or more; others impose no fine at all.³ The category alone doesn’t tell you the financial exposure. The charging statute does.

Category C Felonies

Category C carries a fixed sentencing range of 1 to 5 years in state prison. The court can also impose a fine of up to $10,000, unless the specific offense statute sets a higher amount.¹

Crimes in this tier include grand larceny of property valued between $5,000 and $25,000 and certain stalking offenses.⁴ The five-year ceiling often becomes a focal point in plea negotiations, since the practical difference between a Category C and a Category D conviction can mean an extra year of maximum exposure.

Category D Felonies

Category D carries 1 to 4 years in state prison and a possible fine of up to $5,000.¹ Many property and fraud offenses land here. Grand larceny under $5,000 is a Category D felony, as is theft of property or services valued between $1,200 and $5,000.⁴

The prison time is shorter than in higher tiers, but the conviction still creates a permanent felony record with lasting consequences for employment and civil rights. The $5,000 fine cap can also be misleading, because restitution to victims is ordered separately and can far exceed the fine.

Category E Felonies

Category E is the lowest felony tier. On paper, the prison range is the same 1 to 4 years as Category D, with a fine of up to $5,000. What makes this category genuinely different is a built-in presumption of probation: the court must suspend the prison sentence and place a first-time or second-time felon on probation instead.¹

The court can skip probation and impose prison only if the defendant has two or more prior felony convictions from any state.⁵ Certain drug-possession offenses have their own exception to the mandatory-probation rule. If someone on Category E probation violates its terms, the court can revoke probation and order the original suspended prison sentence served.

Enhancements That Stack on Top

Nevada adds prison time on top of the base sentence when certain aggravating facts are present. These enhancements run consecutively, meaning the extra years are served after the sentence for the underlying crime rather than at the same time.

Deadly Weapon

Using a firearm or other deadly weapon during a crime adds 1 to 20 years on top of whatever sentence the underlying offense carries. The enhancement cannot exceed the length of the base sentence, and the judge has no authority to grant probation or suspend the additional term.⁶ A Category B robbery carrying 2 to 15 years, for example, could become 3 to 30 years once the weapon enhancement is added.

Crimes Against Elderly or Vulnerable Persons

Committing certain crimes against someone 60 or older, or against a vulnerable person, triggers a separate consecutive sentence. For felonies, the added term ranges from 1 to 20 years and is again capped at the length of the base sentence.⁷ Triggering offenses include murder, assault, battery, kidnapping, robbery, sexual assault, and certain financial crimes involving $650 or more.

Habitual Criminal

Nevada’s habitual criminal statute lets prosecutors seek dramatically higher sentences for repeat felony offenders. A person convicted of any felony who has five prior felony convictions is classified as a habitual criminal and faces Category B punishment of 5 to 20 years. Someone with seven or more prior felonies faces Category A punishment, which can mean life without parole, life with parole eligibility after 10 years, or a fixed 25-year term with parole eligibility after 10 years.⁸

The decision to charge someone as a habitual criminal rests entirely with the prosecutor, and a judge can dismiss a habitual-criminal count at their discretion. Prior convictions for simple drug possession generally cannot be used to build the count, with narrow exceptions for certain date-rape and club drugs.

Fines Versus Restitution

Fines go to the state. Restitution goes to the victim. They are separate obligations, and the category fine caps do not cap what a victim can be owed. When restitution is appropriate, the sentencing court must set a specific dollar amount for each victim.⁹ Restitution can cover medical bills, lost income, counseling costs, damaged property, and funeral expenses in homicide cases.

When probation is granted, the court must order restitution as a condition unless it finds payment is impractical, and a judge can require an assignment of wages to make sure the payments actually happen.⁵ There is no statutory ceiling on the restitution amount tied to the felony category, so the total owed can far exceed any fine.

Sealing the Record After the Sentence

Nevada allows people to petition the court to seal most felony conviction records, and the waiting period tracks the category. The clock starts from whichever date comes later: release from custody or discharge from parole or probation.¹⁰

Category A felonies, crimes of violence, and residential burglary: 10 years.
Category B, C, and D felonies: 5 years.
Category E felonies: 2 years.

The person must have no new convictions during the waiting period and no pending charges. Nevada law creates a presumption in favor of sealing, so the court should grant the petition unless the prosecutor shows a compelling reason not to. Sex offenses, crimes against children, and certain DUI convictions are not eligible for sealing. Sealing does not restore firearm rights, which require a separate pardon from the State Board of Pardons Commissioners.¹¹

Firearm and Voting Consequences Tied to Category

Because every Nevada felony category carries at least 1 to 4 years of possible prison time, every Nevada felony conviction triggers the federal ban on possessing a firearm or ammunition.¹² Nevada state law mirrors it, and only a full pardon that expressly restores the right to bear arms lifts the ban. Sealing the record does not.

Voting rights work the other direction. Nevada automatically restores voting rights the moment a person is released from prison, regardless of category and regardless of whether the person is still on parole or probation. No paperwork or petition is required, and a person whose registration was canceled can re-register on release without providing proof of restoration.¹³ Anyone still incarcerated cannot register or vote.

1
Nevada Legislature. Nevada Code 193.130 – Categories and Punishment of Felonies
2
Nevada Legislature. Nevada Revised Statutes Chapter 200 – Crimes Against the Person
3
Nevada Legislature. Nevada Revised Statutes Chapter 193 – Criminality Generally
4
Nevada Legislature. Nevada Revised Statutes Chapter 205 – Crimes Against Property
5
Nevada Legislature. Nevada Revised Statutes Chapter 176A – Probation and Suspension of Sentence
6
Nevada Legislature. Nevada Revised Statutes 193.165 – Use of Deadly Weapon or Tear Gas in Commission of Crime
7
Nevada Legislature. Nevada Revised Statutes 193.167 – Certain Crimes Committed Against Person 60 Years of Age or Older
8
Nevada Legislature. Nevada Revised Statutes Chapter 207 – Miscellaneous Crimes
9
Nevada Legislature. Nevada Revised Statutes Chapter 176 – Judgment and Execution
10
Nevada Legislature. Nevada Revised Statutes 179.245 – Sealing Records After Conviction
11
Nevada Legislature. Nevada Revised Statutes Chapter 179 – Special Proceedings of a Criminal Nature
12
Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
13
Nevada Secretary of State. Restoration of Voting Rights in Nevada