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.

does nevada have the death penalty? lady with scales and gallows illustrates the concept of the death penalty

1. What are Category A felonies?

List of Category A felonies:

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.

prisoner with category a felony in nevada in orange jumpsuit with hands resting on jail cell bars 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.


ATAC Law Logo with text If you have been charged with a felony or a misdemeanor, ATAC Law firm can get your charges reduced or dismissed.

At ATAC, our Las Vegas team of lawyers is here to work with you to help you through your case. We know that it can be scary to stand up in court after you had to defend yourself, and we’re on your side. Reach out to us today for a consultation to learn more about how we can support you.

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