What is a Second Degree Felony in Nevada?

Under the Nevada Criminal Code, felonies are classed into three categories: Category A, Category B, and Category C. A second degree felony is a category B felony, which includes offenses more serious than Category C felonies (e.g., third-degree arson, aggravated burglary) but less severe than Category A felonies (e.g., first-degree murder, sexual assault with use of a deadly weapon). While these offenses do not carry a death penalty or life imprisonment without parole like Category A felonies, they carry a maximum sentence of 20 years and a minimum sentence of 1 year or a maximum fine of $15,000 if convicted. The Nevada Criminal Code contains several provisions that specify the types of offenses that can qualify as a felony in the second degree.

Which Crimes Are Considered Second Degree Felonies in Nevada?

Under the law in Nevada, the following offenses constitute a second-degree felony:

1. Domestic violence: Any assault, intimidation, stalking, burglary, or criminal mischief committed against a relative is second-degree domestic abuse. These can be a parent, step-relative, kid, grandchild, grandparent, current or former spouse, or a co-parent. Second-degree domestic abuse is a Class B felony (NRS§200.485).
2. Second-degree kidnapping: Involves abducting another person against their will without the intent to harm, assault, or seek ransom (NRS §200.330).
3. Certain Types of Assault or Battery: Second-degree felonies may be committed when dangerous weapons are used, but there is no deliberate intent to kill (NRS §200.481 & 485).
4. Grand larceny: A significant theft crime defined under state law as the willful theft of $1,200 or more in cash, property, or animals, including taking cattle, changing animal brands, or making unlawful withdrawals (NRS §205.220).

What is Second Degree Murder and How is it Classified in Nevada?

According to NRS §200.030(2), second-degree murder in Nevada is the willful and unplanned killing of another individual coupled with acts of severe recklessness or a heartless contempt for human life. This offense falls between manslaughter and first-degree murder in terms of seriousness and applicable penalties.

The qualifying characteristic of first-degree murder is “deliberate planning or particular intent”, that is, premeditated killings, lying in wait, or inflicting death while committing another significant offense. Conversely, manslaughter entails homicides without intent, which are sometimes unintentional or carried out in a fit of rage when someone is provoked and loses self-control.

Second-degree murder goes beyond an accident but does not necessitate proof of planning. For instance, if someone is murdered while a gun is fired into a crowded location without targeting a specific individual, the shooter may face charges of second-degree murder. Although it wasn't premeditated, the conduct demonstrated a lack of concern for human life. Per NRS §200.030, the punishment for second-degree murder is a jail term of 25 years to life, with the possibility of parole after 10 years. Aggravating circumstances determine the length of the sentence imposed. For instance, Nevada laws stipulate a lengthier sentence if the victim was at least 60 years old.

Nevada Second Degree Felonies Penalties and Punishments

In Nevada, second-degree felonies are serious crimes, typically classified as Category B felonies, and they carry substantial consequences. However, penalties can vary depending on the type of crime, the circumstances, and whether the offender has a prior criminal record. The typical penalties include:

• Prison Time: Most second-degree felonies carry 2 to 15 years in state prison. Some crimes, like second-degree murder (NRS §200.030(2)), can result in a life sentence with the possibility of parole.
• Fines: Courts may impose fines up to $10,000, either in addition to or instead of prison time in some cases.
• Probation or Suspended Sentences: For first-time or nonviolent offenders, judges may grant probation, house arrest, or suspended sentences. Violent crimes rarely qualify for these alternatives.
• Additional Conditions: Courts may require restitution to victims, counseling, anger management programs, community service, or other rehabilitative measures.

Furthermore, as aforesaid, aggravating or mitigating circumstances may influence the severity of penalties.

• Use of a weapon or involvement of multiple victims
• Prior criminal history
• Whether the crime caused serious bodily harm or death
• Cooperation with investigators.

The table below summarizes the penalties for second-degree felonies in Nevada.

Are Second Degree Felony Records Public in Nevada?

Yes. Per the Nevada Public Record Act, second-degree felony records are typically regarded as public records, which means that the public can typically access basic information about the defendant, such as their name, charges, court dates, and case results. Access is at the record custodian’s office or online databases provided for such purposes.

Note that despite the provisions of the Public Record Act, not every detail may be accessible. To preserve privacy, some material might be restricted or sealed, particularly when it concerns minors, vulnerable victims (such as sexual assault or situations involving children), or records that are part of ongoing investigations. Additionally, under some conditions, such as when the offender successfully completes rehabilitation programs or expungement procedures, the court may sequester certain portions of a felony record.

States vary in this regard. While some states automatically seal some felony convictions after a period of time for first-time offenders, others offer more extensive access to criminal records. Nevada laws balance the public’s right to access public records against citizens’ privacy.

How to Access Second Degree Felony Court Records in Nevada

Persons who wish to obtain second-degree felony court records in Nevada have several options. In using these resources, requestors must abide by the law and respect privacy. Generally, a person may:

• Search court online repositories: Requesters can start by using the Appellate Court case lookup tool. All of the Supreme Court of Nevada's cases are available in an electronic format that can be searched by party name and case docket. Also, since every county keeps its own records, another way is to determine which county the case was filed in. The public can view basic information such as the defendant's name, charges, court dates, and case results through online case search portals offered by many counties. For instance, Clark County and Washoe County have online case search portals.
• Visit the record custodian’s office: In the event that online case searches are insufficiently detailed, requesters can visit the county courtroom and ask the Clerk of the Court for records. Clerks may assist requesters in gaining access to more comprehensive case files and can offer certified copies for a small fee. Requests made by letter or email are also accepted by some courts, albeit county-specific procedures and fees apply.

Though not all information on second-degree felony cases is publicly accessible. For instance, certain records may be sealed or restricted, such as cases involving juveniles, sexual offenses, ongoing investigations, or court-approved expungements. Requesters accessing these records should do so responsibly, abide by local laws, and respect the privacy of the individuals involved.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. In Nevada, second-degree felony charges may occasionally be dropped or reduced, but this greatly depends on the specifics of each case. Plea bargains are offered by prosecutors when the defendant consents to a reduced sentence in return for a guilty plea to a lesser charge, usually a misdemeanor or a lower-level crime. Charges may also be dropped in other situations if there is inadequate evidence, if it was obtained unlawfully, or if there were mistakes made during the investigation or arrest process.

Several factors, including the quality of the defendant's legal counsel, the seriousness of the offense, the strength of the evidence, and the defendant's prior criminal history, influence the possibility of a reduction or dismissal. An experienced lawyer can influence prosecutors, point out flaws in the evidence, and push for lesser charges or different sentencing guidelines.

Note that while dismissals and reductions are possible, they are not assured, even with legal defense. Nevertheless, anyone facing second-degree felony charges should consult a criminal defense attorney to learn their options, create a compelling defense, and seek the best possible outcome under Nevada law.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Nevada

In Nevada, criminal records cannot be expunged, but some can be sealed, meaning they are hidden from the public eye but remain in effect for limited legal purposes. Whether a second-degree felony can be sealed depends on the circumstances surrounding the case, the type of offense, and the length of time since sentencing.

Per NRS 179.245, there is a waiting period for many felonies, which can range from five to fifteen years after the case is closed, depending on the seriousness of the offense and whether the offender fulfilled all sentencing requirements. During this time, the person must not have any new convictions.

Murder and several violent offenses are among the crimes that cannot be sealed, though. Under Nevada law, a second-degree murder conviction is forever ineligible for sealing, thus it will always be a part of the public record. When seeking record sealing, it is crucial to speak with an experienced Nevada lawyer who can manage the petition process, assess eligibility, and increase the likelihood of success.

How Long Do Second Degree Felony Records Stay Public in Nevada?

In Nevada, second-degree felony records stay public indefinitely unless sealed by court order. The state does not automatically remove records after a set time. Instead, individuals must petition for sealing once they meet eligibility requirements.

For many non-violent felonies, the waiting period is about 10 years after the case closes, while more serious felonies may require 15 years. However, crimes like murder or sexual offenses can never be sealed, meaning they remain public permanently. Without sealing, these records continue to appear in court systems and background checks for life. Legal guidance is essential to navigate the process effectively.