If you are convicted of a crime in Nevada, then the next step in the criminal process is criminal sentencing. Criminal sentencing refers to the process in which a convicted individual is punished for a crime they have been found guilty of committing. It is important to note that the criminal sentencing phase is separate from the part of the criminal trial that is used to determine whether or not a criminal defendant is guilty or innocent of the crime they are being charged with.
Because there are many different levels of crimes that an individual may commit, there are also many different levels of potential criminal sentences in Nevada. Examples of common criminal sentences in Nevada include fines, prison time, probation, and community service.
In most cases, the criminal judge who is responsible for overseeing the criminal trial is the one who will ultimately make the sentencing decision. However, in some cases, the jury will also be present for both the trial phase and the criminal sentencing phase of the trial.
During the criminal sentencing portion of a guilty defendant’s criminal trial, further evidence may be presented that was not allowed to be presented during the portion of the trial in which the defendant’s guilt or innocence was determined. For instance, a person’s criminal history is not allowed to be used as evidence to determine guilt or innocence. However, it may be used as evidence to determine sentencing. Evidence of prior convictions may result in a more severe criminal punishment.
What Is a Felony?
A felony is commonly defined as a crime that is considered to be more serious in nature than that of a misdemeanor crime. In criminal law, a felony is a category of crime that is often classified as the most serious type of offense. Felonies can be further classified as either violent or nonviolent.
It is important to note that each state has its own different punishments for felony crimes. Felonies are generally punishable by imprisonment for more than one year in a federal facility, as opposed to a local or county jail. Additionally, felonies may also carry more severe criminal fines than that of a misdemeanor charge.
What Are the Felony Classifications in Nevada?
In the state of Nevada, there are five different classifications of felonies. The different felony classifications in Nevada are as follows:
- Class E Felony: A class E felony charge carries a criminal punishment of one to four years in prison and/or a $5,000 criminal fine;
- Class D Felony: A class D felony charge carries a criminal punishment of nineteen months to four years in prison and/or a $5000 criminal fine;
- Class C Felony: A class C felony charge carries a criminal punishment of two to five years in prison and/or a $10,000 criminal fine;
- Class B Felony: A class B felony charge carries a criminal punishment of eight to twenty years in prison and/or a $10,000 criminal fine; and
- Class A Felony: A class A felony charge carries a criminal punishment of up to life in prison, criminal fines of $10,000 or more, and the death penalty.
What Is a Misdemeanor?
Once again, according to the United States federal criminal code, crimes are divided into one of two categories: felony crimes and misdemeanor crimes. Misdemeanor crimes are criminal offenses that are considered to be less serious than a felony crime but more serious than a simple written citation.
Most states, including the state of Nevada, punish misdemeanor crimes with a jail sentence of up to one year and a criminal fine that is generally capped at $2,500. Some states further classify misdemeanor charges according to how serious the crime is, placing them into different types of classes.
The difference between misdemeanor classes varies from state to state, as does the range of criminal punishments for each class. In general, there are four classifications of misdemeanor crimes, which are usually designated either numerically or alphabetically. Some states designate a Class A misdemeanor as the most serious misdemeanor class, with a Class D misdemeanor being the least serious. Generally speaking, misdemeanor classes may be broken down as follows:
- Class 1 or Class A: Punishable by a fine up to $2,500 and/or up to one year in a county jail facility (not to be served in a prison facility);
- Class 2 or Class B: Punishable by a fine up to $1,000 and/or up to six months in a county jail facility;
- Class 3 or Class C: Punishable by a fine up to $500 and/or up to three months in a county jail facility; and
- Class 4 or Class D: Punishable by a fine up to $250 and/or up to thirty days in a county jail facility.
What Categories Does Nevada Have for Misdemeanor Offenses?
The state of Nevada has two different categories for misdemeanor offenses:
- Gross Misdemeanors: Gross misdemeanors are a category of misdemeanor crimes that are considered more serious than simple misdemeanors but still less serious than felony crimes.
- Examples of gross misdemeanors include crimes such as statutory rape, brandishing a weapon, indecent exposure, and child endangerment, to name a few; and
- Misdemeanors: A standard misdemeanor is a crime that is considered less serious and has fewer consequences than that of a felony or a gross misdemeanor.
- Examples of misdemeanor crimes include a first-time DUI charge, a first-time simple battery charge, criminal trespassing, or some forms of larceny, to name a few.
It is important to note that Nevada criminal statutes will specify whether or not a crime is a misdemeanor, gross misdemeanor, or a felony. However, the statutes may not specify the criminal charge for the crime, such as a law that prohibits some action and doesn’t provide any penalty for violating the law. In that case, such a violation will be considered a misdemeanor.
What Is the Punishment for a Misdemeanor in Nevada?
The punishment for a misdemeanor crime is up to six months in jail, up to $1,000 in criminal fines, or a combination of both. It is important to note that oftentimes, a judge will impose probation and criminal fines rather than jail time in most misdemeanor cases. This is especially true for first-time criminal offenders.
What Is the Punishment for a Gross Misdemeanor in Nevada?
Once again, gross misdemeanors are a type of criminal offense that is punished more harshly than a misdemeanor but less harshly than a felony crime.
Penalties for a gross misdemeanor in Nevada may include:
- Up to $2,000 in criminal fines;
- Up to one year in jail.
Do I Need a Lawyer for My Criminal Charge?
As can be seen, the criminal penalties associated with receiving a misdemeanor or felony conviction in Nevada may be severe. As such, if you are being charged with a misdemeanor or felony crime, it is in your best interests to consult with an experienced Nevada criminal lawyer immediately.
An experienced Nevada criminal attorney will be able to assist you in forming a solid legal defense for the charges that are being brought against you. Additionally, an attorney may be able to have the charges that are being brought against you reduced or dismissed altogether. Finally, an attorney can represent you at any necessary in-person criminal proceeding.
