Criminal Defense Lawyers

The Legal Definition of “Felony” in Nevada

At Spodek Law Group, we understand that facing felony charges in Nevada can be an incredibly stressful and overwhelming experience. As experienced criminal defense attorneys, we’re here to help you understand the legal definition of felonies in Nevada and what potential consequences you may be facing.

What Exactly is a Felony in Nevada?

In Nevada, a felony is defined as a serious crime that is punishable by death or imprisonment in state prison. This is in contrast to misdemeanors, which are less serious offenses typically punishable by fines or jail time of up to 1 year.Some key things to understand about felonies in Nevada:

• Felonies are divided into categories A through E, with A being the most serious
• Felony convictions result in the loss of certain civil rights, like voting and gun ownership
• Most felonies have a statute of limitations of 3 years, though some have no time limit
• Felony charges require a preliminary hearing or grand jury indictment to proceed

If you’ve been charged with a felony in Nevada, it’s critical that you contact an experienced criminal defense attorney as soon as possible. At Spodek Law Group, we have extensive experience defending clients against felony charges and can fight to protect your rights.

Categories of Felonies in Nevada

Nevada organizes felonies into 5 distinct categories based on the severity of the crime. Let’s take a closer look at each category and some examples:

Category A Felonies

Category A felonies are the most serious crimes in Nevada. They are punishable by:

• Life in prison without the possibility of parole
• Life in prison with the possibility of parole after a minimum of 20 years
• Death penalty (only for first-degree murder)

Some examples of Category A felonies include:

• First-degree murder
• Sexual assault
• Kidnapping
• Trafficking of persons
• Drug trafficking (high quantities)

Category B Felonies

Category B felonies are the second most serious and are punishable by:

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2024-03-21

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Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

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2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

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2024-02-28

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2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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• 1-20 years in state prison
• Fines up to $20,000

Examples of Category B felonies include:

• Second-degree murder
• Robbery
• Burglary
• Grand larceny (over $5,000)
• Assault with a deadly weapon

Category C Felonies

Category C felonies are punishable by:

• 1-5 years in state prison
• Fines up to $10,000

Examples include:

• Involuntary manslaughter
• Statutory sexual seduction
• Forgery
• Embezzlement ($650-$3,500)

Category D Felonies

Category D felonies carry penalties of:

• 1-4 years in state prison
• Fines up to $5,000

Some examples are:

• Stalking
• Possession of a controlled substance
• Theft ($650-$3,500)

Category E Felonies

Category E felonies are the least serious felonies, punishable by:

• 1-4 years in state prison
• Fines up to $5,000

However, for most Category E felonies, the court must suspend the sentence and grant probation.Examples include:

• Possession of burglary tools
• Unlawful use of a hotel key
• Possession of drug paraphernalia

It’s important to note that many crimes can be charged as different categories depending on the specific circumstances. For example, battery can be a misdemeanor or felony depending on factors like injury caused or if a deadly weapon was used.

Felony Sentencing in Nevada

When it comes to felony sentencing in Nevada, there are a few key things to understand:

Determinate vs. Indeterminate Sentencing

Nevada uses both determinate and indeterminate sentencing for felonies:

• Determinate sentencing: A fixed term is set (e.g. 5 years)
• Indeterminate sentencing: A range is set with minimum and maximum terms (e.g. 2-5 years)

Most felonies use indeterminate sentencing. The judge will set the minimum and maximum terms within the ranges allowed by law.

Mandatory Minimum Sentences

Some felonies carry mandatory minimum sentences that judges cannot reduce. For example, using a deadly weapon in a crime adds a mandatory 1-20 year enhancement.

Habitual Criminal Sentencing

Repeat offenders can face much harsher sentences under Nevada’s habitual criminal laws. For example:

• 3 felony convictions: 5-20 years
• 4+ felony convictions: Life with possibility of parole after 10 years

Probation vs. Prison

For some felonies, especially Category E, judges have discretion to grant probation instead of prison time. Factors considered include:

• Criminal history
• Nature of the offense
• Likelihood of rehabilitation

At Spodek Law Group, we fight hard to get our clients probation whenever possible to avoid harsh prison sentences.

Consequences of a Felony Conviction

Beyond prison time and fines, a felony conviction in Nevada carries other serious consequences:

• Loss of voting rights (can be restored)
• Loss of gun ownership rights
• Difficulty finding employment
• Loss of professional licenses
• Restrictions on housing options
• Immigration consequences for non-citizens

That’s why it’s so critical to mount an aggressive defense against felony charges. Our experienced attorneys at Spodek Law Group understand what’s at stake and will fight tirelessly to protect your rights and future.

Defenses to Felony Charges in Nevada

There are many potential defenses to felony charges in Nevada. Some common ones we use include:

• Lack of probable cause for arrest
• Illegal search and seizure
• Mistaken identity
• Self-defense
• Alibi
• Entrapment
• Insufficient evidence
• Violation of Miranda rights

The specific defenses available depend on the details of your case. When you work with Spodek Law Group, we’ll carefully review all the evidence and craft a tailored defense strategy.

Felony Arrest and Court Process in Nevada

If you’re arrested for a felony in Nevada, here’s a general overview of what to expect:

1. Arrest and booking
2. Initial appearance before judge (within 72 hours)
3. Bail hearing
4. Preliminary hearing or grand jury indictment
5. Arraignment
6. Pre-trial motions and hearings
7. Plea bargaining
8. Trial
9. Sentencing (if convicted)

It’s crucial to have an experienced attorney guiding you through this process. At Spodek Law Group, we’ll be by your side every step of the way, fighting for the best possible outcome.

Sealing Felony Records in Nevada

In some cases, it’s possible to get felony records sealed in Nevada. This can help you move on with your life without the stigma of a criminal record.Eligibility depends on factors like:

• Type of felony
• Time passed since completion of sentence
• Criminal history

Most felonies become eligible for sealing after 5-10 years. Category A and B felonies generally cannot be sealed.If you’re interested in sealing a felony record, contact us at Spodek Law Group. We can review your case and help determine if you’re eligible.

Why Choose Spodek Law Group for Your Felony Defense

When you’re facing felony charges in Nevada, you need an experienced, aggressive defense team on your side. Here’s why Spodek Law Group should be your choice:

• Decades of experience defending felony cases
• In-depth knowledge of Nevada criminal laws and procedures
• Track record of successful outcomes for clients
• Personalized attention and responsive communication
• Aggressive negotiation and litigation skills
• Connections with local prosecutors and judges

We understand how stressful and scary felony charges can be. That’s why we fight tirelessly for every client, exploring every possible avenue to get charges reduced or dismissed.Don’t face felony charges alone. Contact Spodek Law Group today at 212-300-5196 for a free consultation. We’re available 24/7 to discuss your case and start building your defense.

Frequently Asked Questions About Felonies in Nevada

Here are some common questions we get about felonies in Nevada:Q: What’s the difference between a felony and misdemeanor in Nevada?A: The main difference is the potential punishment. Felonies are punishable by death or imprisonment in state prison, while misdemeanors are punishable by up to 1 year in county jail.Q: Can a felony be reduced to a misdemeanor in Nevada?A: In some cases, yes. This is often part of plea bargaining. Some “wobbler” offenses can be charged as either a felony or misdemeanor.Q: How long does a felony stay on your record in Nevada?A: A felony conviction stays on your record permanently unless you get it sealed. Most felonies become eligible for sealing after 5-10 years.Q: Can I own a gun with a felony conviction in Nevada?A: Generally, no. Federal and state laws prohibit felons from possessing firearms. However, there are some exceptions and ways to restore gun rights.Q: Will I go to jail if charged with a felony in Nevada?A: Not necessarily. Many factors determine if you’ll be held in jail, including the specific charges, your criminal history, and flight risk. We can help argue for your release on bail or your own recognizance.If you have more questions about felony charges in Nevada, don’t hesitate to contact us at Spodek Law Group. We’re here to help guide you through this difficult time.

Conclusion

Facing felony charges in Nevada is a serious matter with potentially life-altering consequences. But with the right legal team on your side, you can fight the charges and protect your future.At Spodek Law Group, we have the experience, knowledge, and dedication to provide you with top-notch felony defense. We’ll work tirelessly to investigate your case, challenge the evidence against you, and fight for the best possible outcome.Don’t wait to get the legal help you need. Contact Spodek Law Group today at 212-300-5196 for a free consultation. Let us put our expertise to work for you and start building your defense strategy right away.