Nevada Felony Categories and Misdemeanor Penalties (2026)

Nevada sorts crimes into three tiers. Under NRS 193.120, "Every crime which may be punished by death or by imprisonment in the state prison is a felony," a crime punishable by a fine of up to $1,000 or up to 6 months in county jail "is a misdemeanor," and "Every other crime is a gross misdemeanor." Felonies are further divided into categories A through E by NRS 193.130, which sets the prison range and fine for each.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Nevada's crime classification and penalty statutes (NRS 193.120 to 193.153), felony sentencing and add-on penalties (NRS 176.033 and 193.161 to 193.169), the habitual offender statutes (NRS 207.010 to 207.016), probation (NRS chapter 176A, 4.373 and 5.055) and traffic civil infractions (NRS 484A.7031 to 484A.7043). It does not cover how individual offenses are graded (see the Nevada theft laws and Nevada assault and battery laws pages), time limits for charging a crime, record sealing, parole decisions, juvenile court, city and county ordinances, or federal offenses. For every state side by side, see felony and misdemeanor classes by state.

Felony vs gross misdemeanor vs misdemeanor in Nevada

NRS 193.120 draws the lines:

"2. Every crime which may be punished by death or by imprisonment in the state prison is a felony. 3. Every crime punishable by a fine of not more than $1,000, or by imprisonment in a county jail for not more than 6 months, is a misdemeanor. 4. Every other crime is a gross misdemeanor." (NRS 193.120(2)-(4))

The felony test is the place of punishment: a crime is a felony if it may be punished by state prison or death. The gross misdemeanor is a separate middle tier, not a felony, and it tops out at 364 days rather than a full year (NRS 193.140). Where a statute prohibits an act but sets no penalty, "the committing of such act shall be a misdemeanor" (NRS 193.151).

Nevada felony categories and misdemeanor penalties table

The categories in NRS 193.130(2) apply "for each felony committed on or after July 1, 1995," and the section opens with "except as otherwise provided by specific statute."

These are the ranges for the category itself; NRS 207.010, 207.012 and 207.014 set higher ranges for some repeat convictions, and NRS 193.161 to 193.1685 add separate prison terms or, in some cases, a category A alternative, both described below.

Category C, D and E fines are "In addition to any other penalty." For a misdemeanor, the court may order a fixed period of community service "In lieu of all or a part of the punishment" (NRS 193.150(2)).

The top of the scale

For first degree murder, a category A felony, NRS 200.030(4) allows death "only if one or more aggravating circumstances are found and any mitigating circumstance or circumstances which are found do not outweigh the aggravating circumstance or circumstances, unless a court has made a finding pursuant to NRS 174.098 that the defendant is a person with an intellectual disability and has stricken the notice of intent to seek the death penalty," or imprisonment in the state prison for life without the possibility of parole, for life with parole eligibility after 20 years, or for a definite term of 50 years with parole eligibility after 20 years. Second degree murder is also a category A felony, punished by life with parole eligibility after 10 years or a definite 25 years with parole eligibility after 10 years (NRS 200.030(5)).

How a Nevada felony sentence is set

The court sets the terms itself within the statutory limits. Under NRS 176.033(2), a court sentencing a felony must "sentence the person to a minimum term and a maximum term of imprisonment, unless a definite term of imprisonment is required by statute," and for misdemeanors and gross misdemeanors it imposes "a definite period of time" within the statutory limits (NRS 176.033(1)).

Under NRS 193.130(1), "Except when a person is convicted of a category A felony, and except as otherwise provided by specific statute," a felony sentence has a minimum and a maximum, and "The minimum term of imprisonment that may be imposed must not exceed 40 percent of the maximum term imposed." The category range is the outer limit within which the court chooses both numbers.

Habitual offenders

Nevada has three habitual offender statutes:

• Habitual criminal (NRS 207.010): a person convicted of a felony who "has previously been five times convicted, whether in this State or elsewhere," of a felony-level crime "shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years." After seven prior convictions, the punishment is a category A felony: life without parole, life with parole eligibility after 10 years, or a definite 25 years with parole eligibility after 10 years. "It is within the discretion of the prosecuting attorney" whether to include the count, and "The trial judge may, at his or her discretion, dismiss" it (NRS 207.010(3)). The section applies unless the person is prosecuted under NRS 207.012 or 207.014, and convictions for simple drug possession under NRS 453.336(2)(a) to (c), or under 453.411, may not be used as the basis for a habitual criminal conviction, except possession of flunitrazepam or GHB (NRS 207.010(1), (2)).
• Habitual felon (NRS 207.012): a conviction of a listed felony after two prior convictions of listed felonies is punished as a category A felony, with the same three options (life without parole, life with parole after 10 years, or 25 years with parole after 10). The district attorney "shall include a count" when each prior and the new offense are listed offenses, and "The trial judge may not dismiss" it.
• Habitually fraudulent felon (NRS 207.014): a felony with fraud as an element after two prior such felonies, where the victim of each was an older person, a person with a mental disability or a vulnerable person, is a category B felony with a minimum of 5 years and a maximum of 20 years; the prosecutor must include the count and the judge may not dismiss it.

A conviction under these statutes "operates only to increase, not to reduce, the sentence otherwise provided by law for the principal crime," and at the hearing on prior convictions "the defendant may not challenge the validity of a previous conviction" (NRS 207.016). A person found to be a habitual criminal, habitual felon or habitually fraudulent felon cannot receive probation or a suspended sentence (NRS 176A.100(1)(a)).

Add-on penalties

Separate statutes add prison time on top of the sentence for the crime, among them:

• Deadly weapon (NRS 193.165): an additional term with a minimum of not less than 1 year and a maximum of not more than 20 years, which "Must not exceed the sentence imposed for the crime" and "Runs consecutively" with it. It does not apply where use of the weapon "is a necessary element of such crime."
• Older or vulnerable victim (NRS 193.167): for listed crimes against an older person or a vulnerable person, additional county jail time equal to the underlying term for a misdemeanor or gross misdemeanor, and an additional 1 to 20 years in state prison for a felony.
• Criminal gang (NRS 193.168): an additional term of imprisonment for a felony committed "for the benefit of, at the direction of, or in affiliation with, a criminal gang."
• Other add-ons: a felony committed on school property, at a school-sponsored activity or on a school bus (NRS 193.161), by an adult with the assistance of a child (193.162), or to commit, further or conceal an act of terrorism (193.1685), and a crime committed using a handgun containing a metal-penetrating bullet (193.163), each carry an additional 1 to 20 years. A felony committed in violation of a protection order, other than a felony under NRS 33.400(6), 200.378(5) or 200.591(5) for violating the order itself, carries an additional 1 to 5 years, or 1 to 20 years if it is a category A or B felony (193.166). For listed crimes, the court may add 1 to 20 years where the crime was committed because of the victim's race, religion or another listed characteristic (193.1675), or because the victim is a first responder or a first responder's spouse or child (193.1677, 193.1678).
• Category A alternative: where a school felony or a terrorism felony results in death or substantial bodily harm, under the conditions in NRS 193.161(3) or 193.1685(3), it may instead be deemed a category A felony punished by life without parole, life with parole eligibility after 20 years, or a definite 50 years with parole eligibility after 20 years.

A person who receives one of these additional terms may not also receive another of them, even if the conduct qualifies for more than one (NRS 193.169).

Offenses with their own penalties

The category ranges yield to the offense statute. NRS 193.130 applies "except as otherwise provided by specific statute," and categories A and B carry their terms "as provided by specific statute." The misdemeanor and gross misdemeanor defaults also apply "unless the statute in force at the time of commission" set a different penalty (NRS 193.140, 193.150).

Can a Nevada felony be punished as a gross misdemeanor?

The attempt statute is where Nevada builds in that choice. Under NRS 193.153(1)(a), an attempt to commit:

• a category C felony is punished "for a category D felony as provided in NRS 193.130, or for a gross misdemeanor by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both";
• a category D felony is punished for a category E felony or for a gross misdemeanor;
• a category E felony is punished for a category E felony or for a gross misdemeanor.

The classification and sentencing chapters (NRS 176, 176A, 193 and 207) contain no general procedure for reducing a completed felony conviction to a gross misdemeanor or misdemeanor.

Civil infractions are not crimes

Under a 2021 law (AB 116) that took effect January 1, 2023, Nevada handles designated traffic violations as civil infractions, and a prosecutor may also elect to treat a misdemeanor traffic violation, other than the DUI offenses in NRS 484C.110 and 484C.120, as a civil infraction (NRS 484A.7049). The citation must include "A statement that a civil infraction is not a criminal offense" (NRS 484A.7035(1)(b)), and a person found to have committed one "shall be punished by a civil penalty of not more than $500 per violation unless a greater civil penalty is authorized by specific statute" (NRS 484A.7043(1)).

Probation in Nevada

Who can get probation

NRS 176A.100(1) sorts offenses into three groups for a person found guilty:

• No probation: "Murder of the first or second degree, kidnapping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, lewdness with a child pursuant to NRS 201.230, an offense for which the suspension of sentence or the granting of probation is expressly forbidden," and habitual criminal, habitually fraudulent felon or habitual felon adjudications (NRS 176A.100(1)(a)).
• Probation required: for a category E felony, "the court shall suspend the execution of the sentence imposed and grant probation," but it may decline if the person "had previously been two times convicted" of a felony-level crime (NRS 176A.100(1)(b)). NRS 193.130(2)(e) also excepts NRS 453.336(2)(a) and allows up to 1 year in county jail as a condition of probation.
• Discretionary: for any other felony, a gross misdemeanor or a misdemeanor, the court "may suspend the execution of the sentence imposed and grant probation as the court deems advisable" (NRS 176A.100(1)(c)).

Other statutes add bars:

• No probation for using a firearm, other deadly weapon or tear gas in a murder, first degree kidnapping, sexual assault or robbery (NRS 193.165(5)).
• No probation for attempted murder, or for battery that involves a deadly weapon, results in substantial bodily harm or is committed by strangulation, where the protection-order add-on in NRS 193.166 may be imposed (NRS 193.166(4)).
• No probation for a gang felony that qualifies for the NRS 193.168 add-on, except that the court may reduce or suspend the sentence on a motion showing substantial assistance (NRS 193.168(6)).
• For listed sex-related offenses, probation is barred unless an evaluator certifies that the person "does not represent a high risk to reoffend" (NRS 176A.110).
• For conduct that qualifies for listed parts of the older or vulnerable victim add-on, probation waits until at least 80 percent of court-ordered restitution is paid, and only if the court finds a willful failure to pay by a person able to pay (NRS 176A.120).

How long probation lasts

Under NRS 176A.500(1), probation, "including any extensions thereof, must not be more than":

The court may extend probation by up to 12 months if needed for the person to complete a specialty court program (NRS 176A.500(2)). For misdemeanors in justice and municipal courts, a judge "may suspend, for not more than 2 years, the sentence or a portion thereof," except as specific statutes provide (NRS 4.373(1), 5.055(1)).

Violations

For a violation "that is not a technical violation," the court may continue or revoke probation, order residential confinement, cause the sentence to be executed, or reduce the term of imprisonment and execute the modified sentence, but "The court shall not make the term of imprisonment less than the minimum term of imprisonment prescribed by the applicable penal statute" (NRS 176A.630(1)).

For technical violations, once the Division has determined that the graduated sanctions adopted under NRS 176A.510 have been exhausted, the court's options include continuing probation, residential confinement, a temporary revocation with imprisonment of not more than 30 days for the first, 90 days for the second and 180 days for the third, full revocation with imprisonment "for the remainder of the sentence for a fourth or subsequent revocation," and revocation at the probationer's request (NRS 176A.630(2)). A probationer detained on a technical violation must be brought before the court within 15 calendar days or be released back to probation (NRS 176A.630(3)). Certain acts "must not, by itself, be used as the only basis for the revocation of probation," among them consuming alcohol, testing positive on a drug or alcohol test, failing to follow a treatment program, failing to seek and maintain employment, failing to pay required fines or fees, and failing to report a change of residence (NRS 176A.630(6)).

Recent changes to Nevada's sentencing statutes

• 2025 Stats. ch. 435 (SB 7), effective July 1, 2025: authorized courts to waive the presentence investigation and report in some cases and amended NRS 176A.100 so that probation may be granted without the report when a waiver is approved; the probation eligibility rules did not change.
• 2025 Stats. ch. 489 (SB 60), effective on approval June 10, 2025: expanded the NRS 193.167 older or vulnerable victim add-on to certain theft offenses and criminal deceptive trade practices, for offenses committed on or after the act's effective date.
• 2025 Stats. ch. 99 (AB 25): amended NRS 176A.630 to remove references to the repealed regimental discipline program; the technical violation limits did not change.
• 2025 Stats. ch. 141 (AB 35): replaced the term "child pornography" with "child sexual abuse material" in NRS 176A.110.
• 2025: NRS 484A.7043, the civil infraction penalty section, was amended.

The classification and category sections were last amended in 1981 (NRS 193.120) and 2019 (NRS 193.130), the gross misdemeanor penalty in 2013 (NRS 193.140), and the probation length limits in 2023 (NRS 176A.500).

Federal firearms consequence

Federal law bars firearm possession by a person convicted of "a crime punishable by imprisonment for a term exceeding one year" (18 U.S.C. 922(g)(1)); the term excludes a state offense classified as a misdemeanor and punishable by two years or less, and what counts as a conviction is determined by the law of the convicting jurisdiction (18 U.S.C. 921(a)(20)). Nevada's gross misdemeanor tops out at 364 days (NRS 193.140). Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The felony and misdemeanor classes hub covers the federal classes.

Related legal issues

The offense statute decides which category applies; the Nevada theft laws page shows how theft is graded into these tiers, and the Nevada assault and battery laws page does the same for assault and battery. Sealing a record is covered on the Nevada expungement laws page. Because category A felonies and habitual offender sentences can carry life, the Nevada life sentence page explains how those terms work.

Related pages

• Felony and misdemeanor classes by state
• Nevada theft laws
• Nevada assault and battery laws
• Nevada expungement laws
• How long is a life sentence in Nevada
• California felony and misdemeanor classes
• Arizona felony and misdemeanor classes

Disclaimer: This article provides general legal information about Nevada's crime classification, sentencing and probation statutes as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Nevada.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Nevada?

Under NRS 193.120, a felony is a crime that may be punished by death or by imprisonment in the state prison, and a misdemeanor is punishable by a fine of up to $1,000 or up to 6 months in county jail. Every other crime is a gross misdemeanor, which carries up to 364 days and $2,000 unless the offense statute prescribes a different penalty (NRS 193.140).

What are the felony categories in Nevada?

For felonies committed on or after July 1, 1995, and except as a specific statute provides otherwise, NRS 193.130 sets five categories: A (death or life with or without parole, as the offense statute provides), B (1 to 20 years as the offense statute provides), C (1 to 5 years), D (1 to 4 years) and E (1 to 4 years, with probation required in most cases). The habitual offender statutes in NRS chapter 207 can raise a sentence to category A.

What is a gross misdemeanor in Nevada?

It is the middle tier between a felony and a misdemeanor. Unless the offense statute prescribes a different penalty, a gross misdemeanor carries up to 364 days in county jail, a fine of up to $2,000, or both (NRS 193.140).

Does Nevada have Class A misdemeanors?

No. Nevada uses two misdemeanor-level tiers instead of lettered classes: the gross misdemeanor (up to 364 days and $2,000) and the misdemeanor (up to 6 months and $1,000), each unless the offense statute prescribes a different penalty (NRS 193.140, 193.150).

Is a traffic ticket a crime in Nevada?

Not when the violation is designated a civil infraction. The citation must state that a civil infraction is not a criminal offense (NRS 484A.7035), and the civil penalty is up to $500 per violation unless a specific statute authorizes more (NRS 484A.7043).

Can a felony be reduced to a gross misdemeanor in Nevada?

The attempt statute allows it for attempts: an attempt to commit a category C, D or E felony may be punished as a gross misdemeanor instead of a felony (NRS 193.153). The classification and sentencing chapters (NRS 176, 176A, 193 and 207) contain no general procedure for reducing a completed felony conviction.

How long is probation in Nevada?

Under NRS 176A.500(1), up to 12 months for a gross misdemeanor, 18 months for a category E felony, 24 months for category C or D and 36 months for category B, or 60 months for violent or sexual offenses as defined in NRS 202.876 and certain other listed violations, with up to 12 more months to finish a specialty court program. Justice and municipal courts may suspend a misdemeanor sentence for up to 2 years, subject to exceptions (NRS 4.373, 5.055).

What happens if you violate probation in Nevada?

For a violation that is not technical, the court may continue or revoke probation, order residential confinement, execute the sentence or reduce it, but not below the statutory minimum (NRS 176A.630(1)). For technical violations, once the graduated sanctions under NRS 176A.510 have been exhausted, the court's options include temporary revocations of up to 30, 90 and 180 days for the first three and full revocation on a fourth or later revocation, and acts such as a positive drug test or unpaid fees cannot by themselves be the only basis for revocation (NRS 176A.630).

What is Nevada's habitual criminal law?

Under NRS 207.010, a person convicted of a felony after five prior felony convictions (simple drug possession convictions generally do not count) is punished for a category B felony (5 to 20 years), and after seven priors for a category A felony (life without parole, life with parole eligibility after 10 years, or 25 years with parole eligibility after 10); the prosecutor decides whether to charge it and the judge may dismiss the count. NRS 207.012 (habitual felon, two prior listed felonies) and 207.014 (habitually fraudulent felon) must be charged when they apply and cannot be dismissed by the judge.