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March 22, 2022

Can You Get Probation For a Felony In Nevada?

can you get probation for a felony in Nevada

Nevada is known for having stiff penalties for its felony crimes. When you’ve been charged with this type of infraction in the state, things can get pretty overwhelming as you anticipate the outcome. 

Understanding how Nevada law works and securing the right attorney should be your first move. 

What Is a Felony vs. Misdemeanor? 

The difference between a felony and a misdemeanor is huge, especially when considering the potential punishment and lifetime effects on your record. What are the differences between these two classifications of crime? 

Felonies are the most serious types of offense you can commit. When you are charged with a felony, your punishment can include a lengthy prison sentence. Probation for felony crimes is also more serious than those of a misdemeanor. 

If you’re convicted of a felony, this conviction stays on your record forever. This means you can’t vote or own a firearm, and may have trouble finding employment.

A misdemeanor is a less serious crime. If you’re charged with a misdemeanor, the longest possible sentence you can receive is 365 days in county jail. 

Many misdemeanors carry no jail time at all. It’s possible to walk away with just a fine and unsupervised probation. You’ll also have the opportunity to have the conviction expunged from your record. 

What are some examples of felonies in Nevada? 

Felony Crimes In Nevada

Felony crimes in Nevada are broken down by category. The following list includes these categories and crimes that fall under their reach.

  • Category A: These felonies include first-degree murder, second-degree murder, and sexual assault. 
  • Category B: This category includes voluntary manslaughter, robbery, burglary, and assault. 
  • Category C: This includes stalking, domestic violence battery by strangulation, and grand larceny
  • Category D: These crimes include involuntary manslaughter, sharing an intimate image of an adult electronically, and parental kidnapping. 
  • Category E: Obtaining a fraudulent prescription, a first or second offense of possession of illegal drugs, making a false 911 call, and base jumping from private property.

Each of these categories and crimes carries a specific set of penalties. 

Possible Penalties for Felonies In Nevada

Felonies carry what’s known as minimum sentences, which is the lowest form of punishment possible according to the law. The following list contains the possible sentences for each felony charge. 

  • First-Degree Murder: Death sentence, life without parole, life, or 50 years with the possibility of parole after 20 years
  • Second-Degree Murder: Life or 25 years with the possibility of parole after 10 years
  • Sexual Assault: Life in prison, with or without parole
  • Voluntary Manslaughter: Minimum one year in prison with a maximum of 10 years, possible $10,000 fine
  • Robbery: Minimum two years, maximum 15 years
  • Burglary: Minimum one year, maximum 10 years, a first offender may receive suspended sentence with probation
  • Assault: Minimum one year, maximum of six, fine of up to $5,000
  • Stalking, Domestic Violence Battery by Strangulation, Grand Larceny: Minimum one year, maximum of five
  • Involuntary Manslaughter, Sharing Intimate Image, Parental Kidnapping: Minimum one year, maximum of four
  • Obtaining Fraudulent Prescription, First or Second Degree Drug Possession, False 911 Call, and Base Jumping from Private Property: Minimum one year and a maximum of four. However, the court may suspend the sentence and grant probation in most cases.

According to the punishments on the list above, it is possible to receive probation for a felony. When that occurs, probation is often given as a punishment in place of a felony conviction.

What You Need to Know About Probation In Nevada

What is felony probation, and what does it include if you’re sentenced to this punishment? 

What Is Probation? 

Probation is a sentence given when the court orders you to a designated length of time under intense supervision. There are normally special stipulations involved with probation, including random drug testing, community service, or certain types of classes or meetings. 

Misdemeanor charges normally include informal probation. This is when you aren’t assigned a probation officer and won’t be required to report to meetings with them for drug testing or other reasons. 

Probation is often given in lieu of a suspended sentence. A suspended sentence means you were convicted and sentenced to a specific number of years in prison but received probation in exchange for the suspension of your prison time. 

If you fail to meet the demands of your probation and are found to be in violation, you can be ordered to prison for the duration of the original sentence. What are the specific terms for probation in Nevada? 

What Are the Terms for Probation for a Felony? 

Probation for a felony is an alternative to a prison sentence. In the most severe cases, intensive supervision may be the recommended sentence. 

This includes the convicted staying under constant electronic monitoring. Additional requirements may be added that limit how the individual travels. The common terms for probation include:

  • Avoid further arrests
  • Regular check-ins with a probation officer
  • Showing up to court so the judge can monitor progress
  • Paying fines and restitution
  • Staying away from certain locations
  • No contact with people related to the criminal case
  • No weapons on the individual
  • Attending counseling or rehab
  • No drugs or alcohol
  • Wearing a SCRAM alcohol detection device
  • Drug testing
  • Community service in Nevada
  • Following curfew

How Long Can Someone Be On Probation In Nevada? 

The judge will decide the duration of probation based on the specifics of the case. However, the recommended lengths are: 

  • 12 months for gross misdemeanors
  • 18 months for Category E
  • 24 months for Category E and D
  • 36 months for Category B
  • 60 months for violent and sexual crimes

Charged With a Felony In Henderson, Let Us Represent You!

If you’ve been charged with a felony in Henderson, you need the right legal support on your team. Obtaining a criminal defense lawyer in Henderson shouldn’t be a question in the event of a felony – it’s mandatory. 

The right attorney can help you have your charges reduced to a misdemeanor in some cases. If that isn’t possible, there’s a good possibility your sentence can be exchanged for probation. Don’t play with your freedom – secure the right attorney to get the outcome you deserve