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First-Degree Felony in Nevada
First-degree felonies in Nevada refer to the most severe version of a felony crime. These crimes typically have an element of intent and premeditation to cause death or to inflict serious physical injury. In some cases, a crime becomes first-degree if an offender was previously convicted for it.
Under NRS 193.330, felonies are grouped into classes A, B, C, D, and E. The statutes are based on the types of crimes, severity, prior convictions, and penalties. Class A felonies carry the most severe penalties, such as life imprisonment or the death sentence. In contrast, subsequent felony classes may have sentences between 1 and 20 years.
The Class A felony class contains all first-degree crimes, such as murder, sexual assault, and first-degree kidnapping.
Public Access to First-Degree Felony Records in Nevada
Interested persons or entities may access most first-degree felony conviction records in Nevada. The state’s agencies and platforms offer different avenues for the public to access records. For instance, the Nevada Judicial Branch website hosts a searchable database of Supreme Court documents. At the same time, you may view district court records online via the state’s district court search platform.
Felony cases are under the purview of the state’s district courts. These courts oversee all felony cases within areas under their jurisdiction. To look up first-degree felony records, you must contact the district court that oversaw the case. Some county district courts may allow online or offline inquiries for records in their custody.
| Source | Access Type | Website/Location |
|---|---|---|
| Nevada Judicial Branch | Online | nvcourts.gov |
| Nevada District Court | Online | pacer.uscourts.gov |
| District Court | In person/mail/email | |
| Third-party record search | Online (may charge) | Nevadacourtrecords.us |
Common Crimes Classified as First-Degree Felonies in Nevada
In Nevada, common crimes that are classified as first-degree felonies include the following:
- First-degree murder
- First-degree kidnapping
- Sexual assault with substantial bodily harm.
- Child abuse and neglect.
- An act of terrorism.
The FBI’s Crime Data Explorer provides an annual report on all first-degree crimes reported in Nevada. According to the agency’s 2024 report, the state recorded 254 murders, 1,718 rapes, and 764 kidnapping and abetting incidents.
| Crime | Brief Description |
|---|---|
| Murder in the first degree |
First-degree murder is murder that is: 1. Committed during perpetration or attempt to perpetrate crimes like sexual assault, arson, burglary, or robbery. 2. Perpetrated via the use of poison, torture, or ambush, or by any other premeditated and willful intent. 3. Perpetrated to avoid or to prevent the lawful arrest of a person by a peace officer. 4. Committed while perpetrating or attempting to perpetrate an act of terrorism. NRS 200.030 |
| Kidnapping in the first degree (substantial bodily harm) | A first-degree kidnapping offense is one in which the kidnapped victim suffered bodily harm during the act of kidnapping or while trying to escape. NRS 200.320 |
| Sexual assault, substantial bodily harm |
A person is guilty of sexual assault if the person: 1. Subjects another to penetration or forces another to make sexual penetration on themselves, another, or a beast under conditions in which the victim is physically or mentally unable to resist. 2. Commits sexual penetration on a child under the age of 14 or forces the child to make sexual penetration on themselves or another or a beast. NRS 200.366. |
| Child abuse and neglect | It’s child abuse and neglect if a person causes a child less than 14 years old or places them in a situation where they are subject to sexual abuse or exploitation as a result of the neglect and abuse. NRS 200.508 (1a) |
| Trafficking in controlled substances: Marijuana or concentrated cannabis | It’s a first-degree crime if a person intentionally distributes, manufactures, or sells marijuana above 5,000 pounds. NRS 453.339. |
Prison Sentences and Fines for First-Degree Felonies in Nevada
In Nevada, persons convicted of first-degree felonies may face sentences between one year and the death penalty. The court may also require offenders to pay fines up to $100,000.
However, the exact sentencing and fines may vary based on the offender’s prior convictions, the severity of the crime, and the circumstances surrounding the incident. For instance, first-degree murder may attract life imprisonment or the death penalty if there are aggravating circumstances. Meanwhile, persons convicted of promoting child pornography may get between 1 year and life imprisonment and pay fines up to $5,000.
The state courts may use circumstances around the incident to determine the appropriate penalty. For instance, it’s a first-degree child neglect and abuse if the victim was below 14 years old and was sexually assaulted. Circumstances like the use of deadly weapons may also determine the severity of the punishment.
| Nevada First-Degree Punishment | Prison Range | Maximum Fine |
|---|---|---|
| First-degree murder | 50 years to life imprisonment or the death penalty | No fine |
| First-degree kidnapping | 15 years to life imprisonment | No fine |
| Sexual assault | Life imprisonment | No fine |
| Child abuse and neglect | Life imprisonment | No fine |
| Acts of terrorism | 50 to life imprisonment | $50,000 to $100,000. |
What is the Maximum Sentence for a First Degree Felony in Nevada?
In Nevada, the death sentence is the maximum penalty for a first-degree felony. Note that the state courts will only impose the death sentence for a first-degree murder with aggravated circumstances.
Besides murder convictions, the maximum sentence for first-degree felonies is life imprisonment. The court may determine the maximum penalty by considering factors like prior convictions, other pending convictions, and the circumstances around the incident.
What is First Degree Murder in Nevada?
Per NRS 200.030, a person commits murder in the first degree under these conditions:
- Committed murder by means of poison, torture, ambush, or any kind of other premeditated killing;
- They killed another during the perpetration or during an attempt to commit crimes like sexual assault, kidnapping, robbery, or burglary.
- Committed murder while avoiding or preventing the lawful arrest of any person by a peace officer.
- Committed murder while on the property of a public or private school.
Persons convicted of first-degree murder may get sentences between 50 years and the death penalty. The court determines the appropriate penalty after reviewing circumstances around the incident and prior convictions. In addition to this, the court may add the option of parole to the sentence. Convicted offenders will serve a minimum of 20 years before becoming eligible for parole.
Can First Degree Felony Records Be Sealed or Expunged in Nevada?
Nevada’s judicial system allows convicted offenders to seal most first-degree felonies on their records. Note that sealing is not the same as expungement. Expungement is the total erasure of a record from existence. However, sealed records are only visible to specific parties, such as the case party, authorized persons, and authorized government entities.
You are generally eligible to seal first-degree felony convictions under these conditions:
- You have completed the court sentence and other imposed conditions.
- It has been more than 10 years since you completed the sentence.
The courts may prevent the sealing of first-degree crimes like murder and sex-related offenses. These offenses pose a serious risk to lives and properties, and it’s in the public’s best interest for them to remain publicly visible.
Difference Between First-Degree and Second-Degree Felonies in Nevada
In Nevada, first- and second-degree felonies are quite distinct in terms of their penalties, type of crimes, and severity. First-degree felonies are generally more severe. Offenders convicted of such offenses often reveal a premeditation to kill or inflict serious injury on another. In addition, convicted persons may receive a life sentence or the death penalty.
Second-degree felonies are, however, less severe. Convicted persons may receive sentences between one year and life imprisonment. Examples of second-degree offenses include kidnapping, murder, and sexual assault.
| Felony Level | Common Crimes | Sentencing Range |
|---|---|---|
| First Degree | Murder, kidnapping, trafficking marijuana, sexual assault, and acts of terrorism | 1 year to life imprisonment or the death penalty. |
| Second Degree | Kidnapping, murder, sexual assault, and trafficking marijuana below 5,000 pounds | 1 year to life imprisonment |
Statute of Limitations for First-Degree Felony Charges in Nevada
The statute of limitations is the timeframe within which a prosecutor may file charges and prosecute a suspected offender. In Nevada, the statute of limitations for first-degree felonies may vary based on the crime severity and consequence to the society. For instance, the time limit for prosecuting sexual assault crimes is 20 years from the incident or discovery date. However, there are no statutes of limitations for crimes like murder and acts of terrorism.
State laws may suspend the statute of limitations in cases where the offender evades arrest or travels out of the state.
Probation and Parole Eligibility for First-Degree Felonies in Nevada
In Nevada, most first-degree felony convictions have the option for parole. Convicted offenders must complete a specified number of years before they are eligible for parole.
The crime type determines when convicted offenders will become eligible for parole. For instance, persons convicted of acts of terrorism may be eligible for parole after serving 10 years out of a 25-year sentence.
Eligible inmates may apply for parole and give reasons why they qualify for it. The parole examiner will evaluate the application and consider factors like the crime severity and potential risks to the public.
The court may recommend probation as an alternative to prison sentences. However, not all first-felony offenses are eligible for probation. Per NRS 176A.180, first-degree felonies like murder, kidnapping, and sexual assault are not eligible for probation. Eligible first-degree felony offenders may get up to 60 months of probation. The state’s Division of Parole and Probation may recommend an offender for an early termination of probation if:
- They have adhered to the conditions attached to the probation.
- They have paid all probation-related fees.
- They do not have a conviction for sexual- or violent-type offenses.
| Term | Definition | Eligible for First Degree Felons |
|---|---|---|
| Probation | Court-ordered supervision instead of prison | Sometimes, depending on the crime type. |
| Parole | Early supervised release from prison | Often, after serving a specified number of years. |
Impact of a First-Degree Felony Conviction on Criminal Records in Nevada
First-degree convictions are accessible to all public members and may have severe consequences on a record subject’s life. In Nevada, persons convicted of a first-degree felony may find it difficult to get employment in security-sensitive institutions like hospitals, schools, and banks. Employers in these institutions may conduct background checks to determine if a prospective employee is a security risk.
Landlords and housing bodies may also conduct background checks and may discriminate against first-degree felony convicts. Other consequences of first-degree felonies include:
- Loss of civil rights, such as the right to vote or to own firearms.
- Difficulty in obtaining visas to specific regions.