Does Nevada Have the Death Penalty? Category A Felonies

Does Nevada have the death penalty?

The Category A felony in Nevada is a felony for which a sentence of death or imprisonment in the state prison for life with or without the possibility of parole may be imposed.

Category A felonies are the most serious of all crimes in Nevada. The sentencing may include life in the Nevada Department Of Corrections, and possibly the death penalty in a first-degree murder case. Examples of Category A felonies include: first and second-degree murder, kidnapping, sexual assault resulting in substantial bodily harm. Sometimes the prosecutor will be willing to negotiate a Category A charge down to a lesser felony charge. If the defendant does not accept the D.A.’s offer to settle, the defendant may demand a jury trial.

Category A felonies can be sealed only once ten (10) years have passed since the case ended.  Aliens charged with category A felonies face certain deportation unless the case gets thrown out or changed to a non-deportable crime. All category A felonies in Nevada carry a life sentence. Some have the possibility of parole. Only first-degree murder may carry the death penalty.

1. What are Category A felonies?

List of Category A felonies:

• First- or second-degree murder
• First-degree kidnapping
• Sexual assault
• Using a minor to create child pornography
• Battery (with intent to commit sexual assault and that results in substantial bodily injury or is done by strangulation)

2. Does Nevada have the death penalty?

Category A felonies carry either of the following sentences in Nevada:

• Death (only in first-degree murder cases), or
• Life in prison without  the possibility of parole, or
• Life in prison with the possibility of parole

Remember that a criminal defense attorney may be able to negotiate a resolution: where a category A felony charge gets significantly reduced to a lesser charge.

3. Is a person entitled to a jury trial?

Yes, everyone charged with a category A felony in Nevada may have a jury trial.

Jury trials are available to category A felony defendants in Nevada.

4. Can a category A felony record be sealed?

Nevada law mandates a ten (10) year waiting period to get category A felonies sealed. But if the category A felony was for a sex crime, crime against a child or felony DUI, the case can never get sealed. Certainly, category A felony charges that get dismissed can be sealed immediately because there is no finding of guilt.

5. Do these crimes lead to deportation?

Yes, Any immigrant facing category A felony charges in Nevada will certainly face removal if they are ultimately convicted. This is because all category A felonies in Nevada qualify as aggravated felonies, which are deportable.

Therefore, aliens accused of category A felonies should hire counsel to try to get the charge changed to a non-removable offense. Learn more about the criminal defense of immigrants in Nevada.