A misdemeanor in Nevada is the lowest tier of criminal offense, punishable by up to six months in jail and a fine of up to $1,000. Nevada actually splits misdemeanors into two levels: standard misdemeanors, with those six-month and $1,000 caps, and gross misdemeanors, which carry up to 364 days in jail and fines up to $2,000. Everything more serious is a felony. Misdemeanor cases are handled in justice and municipal courts, and the conduct they cover ranges from petty theft and simple battery to a first-offense DUI.
Standard Misdemeanor Penalties
Under NRS 193.150, a standard misdemeanor carries a maximum of six months in a county or city jail, a fine of up to $1,000, or both.1Justia. Nevada Code Chapter 193 – Criminality Generally That statute is the default. When Nevada law creates an offense but doesn’t specify a penalty, the offense is automatically a misdemeanor with these caps. Many individual statutes set their own penalties, so the actual exposure for a particular charge can look different from the default.
A judge can order community service in place of or alongside jail and fines. Administrative assessments and court fees are added on top of the base fine by statute, so the out-of-pocket total on a $1,000 fine is almost always higher than $1,000.
Gross Misdemeanor Penalties
Gross misdemeanors sit between standard misdemeanors and felonies. A conviction under NRS 193.140 carries up to 364 days in county jail, a fine of up to $2,000, or both.1Justia. Nevada Code Chapter 193 – Criminality Generally Courts can also impose probation for up to 12 months.2Nevada Legislature. Nevada Code Chapter 176A – Probation and Suspension of Sentence Violating a condition of probation can lead the judge to revoke it and impose the original jail sentence.
Why 364 Days Instead of a Full Year
The one-day gap is deliberate. Federal immigration law treats certain offenses as “aggravated felonies” when the sentence is one year or longer, which can trigger mandatory deportation for non-citizens.3Office of the Law Revision Counsel. 8 USC 1101 – Definitions Capping the Nevada maximum at 364 days keeps a gross misdemeanor conviction from crossing that federal line on sentence length alone.
What Conduct Counts as a Misdemeanor
For property crimes, whether the charge is a misdemeanor or a felony usually comes down to dollar value. Petit larceny under NRS 205.240 covers intentionally taking someone else’s property worth less than $1,200; at $1,200 or more, the charge becomes grand larceny, a felony, regardless of criminal history.4Nevada Legislature. Nevada Code 205.240 – Petit Larceny, Penalty Willful or malicious damage to someone else’s property under NRS 206.310 works the same way: smaller losses stay misdemeanors, larger ones climb into gross misdemeanor or felony range.5Nevada Legislature. Nevada Revised Statutes Chapter 206 – Malicious Mischief Courts commonly order restitution in these cases.
For crimes against persons, the misdemeanor level typically applies when no weapon is used and no substantial injury results. Simple battery under NRS 200.481 is any willful and unlawful use of force against another person; without a deadly weapon or serious harm, it’s a misdemeanor, and judges often add anger management or counseling.6Nevada Legislature. Nevada Revised Statutes Chapter 200 – Crimes Against the Person
Domestic violence battery under NRS 200.485 is still a misdemeanor on a first offense within seven years, but the mandatory minimums are stiffer than ordinary battery: two to six months in jail, 48 to 120 hours of community service, a fine between $200 and $1,000, and weekly counseling for at least six months in a certified treatment program at the defendant’s expense.7Nevada Legislature. Nevada Code 200.485 – Battery Constituting Domestic Violence, Penalties
A first DUI within seven years under NRS 484C.400 is a misdemeanor, but the court cannot waive its mandatory penalties:8Nevada Legislature. Nevada Code 484C.400 – Penalties for First, Second, and Third Offense Within 7 Years
- Two to six months in jail or residential confinement, or 48 to 96 hours of community service.
- A fine of $400 to $1,000.
- A state-approved alcohol or substance use course, paid for by the defendant.
- Substance use treatment if the blood or breath alcohol concentration was 0.18 or higher.
Any DMV license suspension is a separate administrative action from the criminal case.
Breach of peace under NRS 203.010 covers disturbing a neighborhood, person, or family through loud or unusual noise, fighting, or threatening behavior, and is a straight misdemeanor.9Nevada Legislature. Nevada Code 203.010 – Breach of Peace Judges sometimes add stay-away orders from specific people or places.
Federal Consequences That Outlast the Sentence
A Nevada misdemeanor is a state offense, but two federal consequences catch people off guard.
Under 18 U.S.C. § 922(g)(9), anyone convicted in any court of a “misdemeanor crime of domestic violence” is permanently barred from possessing firearms or ammunition, regardless of whether the sentence included jail time.10Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A first-offense domestic battery under NRS 200.485 can qualify, which means a six-month-maximum misdemeanor can strip the right to own a gun under federal law for life. The Department of Defense also generally will not grant a moral conduct waiver for domestic violence convictions, making military enlistment significantly harder.
For non-citizens, immigration law adds another layer. Theft offenses and crimes of violence can qualify as “aggravated felonies” partly based on the maximum possible sentence, triggering mandatory deportation and a permanent bar on reentry.3Office of the Law Revision Counsel. 8 USC 1101 – Definitions Separately, “crimes involving moral turpitude” — generally theft, fraud, and intentional harm offenses — can make a non-citizen inadmissible or deportable even on a short sentence. If you are not a U.S. citizen and you’re facing any misdemeanor in Nevada, get immigration-specific legal advice before entering any plea.
Sealing a Misdemeanor Record
Nevada lets you petition to seal your criminal record after a waiting period that depends on the offense. The clock runs from the date you’re released from custody or the date your sentence (including probation) ends, whichever is later.11Nevada Legislature. Nevada Code 179.245 – Sealing Records After Conviction
- Most misdemeanors: 1 year.
- Misdemeanor battery, harassment, stalking, or protective order violations: 2 years.
- Gross misdemeanors: 2 years.
- DUI or domestic violence battery at the misdemeanor level: 7 years.
You can file a single petition in district court to seal your entire record rather than petitioning each court that handled a charge. Sealing removes the record from most public background checks, but federal agencies, including the FBI, keep their own records. Anyone applying for a security clearance or military service should assume the conviction remains visible at the federal level.
Where Misdemeanor Cases Are Heard
Misdemeanor cases are handled in justice courts at the county level and in municipal courts within city limits.12Administrative Office of the Courts. Types of Courts in Nevada District courts, which handle felony trials, generally do not hear misdemeanors at trial. These courts tend to move faster and their procedures are somewhat less formal, but the right to counsel, the right to a jury trial, and the full range of constitutional protections still apply.