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What Is a Third-Degree Felony in Nevada?
Nevada does not classify felonies by the degree-based system. The state uses the letter-based method. Felonies in Nevada rank from Category A through Category E, with Category A being the most serious and E the least. Based on the severity of offenses within each group and the accompanying penalties, third-degree felonies are comparable to Category C and Category D felonies in Nevada.
Unlike third-degree felonies in some states, Category C and D felonies in Nevada are typically non-violent crimes relating to property, financial, or lower-level drug offenses rather than crimes involving physical harm. However, some Category C offenses may involve a certain level of violence. For instance, a battery resulting in bodily harm may be charged as a Category C felony if it does not involve the use of weapons.
According to § 193.130 of the Nevada Revised Statutes, Category C felonies are crimes punishable by 1 to 5 years imprisonment at the Nevada Department of Corrections (NDOC), in addition to possible fines of up to $10,000.00, unless the specific statute for the crime provides otherwise. Similarly, § 193.130(2)(d) of the Nevada Revised Statutes states that Category D felonies are crimes punishable by 1 to 4 years Imprisonment with potential fines of up to $5,000.00, unless their statutes prescribe higher fines.
Notwithstanding the non-violent nature of most of Nevada's Category C and D felonies, they are serious crimes that may result in severe consequences even beyond their statutory penalties.
Common Offenses That Fall Under Third-Degree Felony Charges
In Nevada, third-degree felonies in other states are comparable to two categories of crimes. The severity and penalties for Nevada's Category C and D felonies make them comparable to third-degree felonies in other states that use the degree system. In Nevada, these types of crimes include the following:
Category C Felonies:
- Theft of $5,000.00 to $25,000.00
- Forgery or check fraud
- Possession of a certain amount of a controlled substance
- Embezzlement of amounts ranging from $5,000 to $25,000
- Battery with substantial bodily harm.
Category D Felonies:
- Possession of stolen property
- Unlawful use of a credit or debit card
- Certain drug possession offenses
- Residential burglary of a non-dwelling
- Certain perjury cases.
| Felony Category | Offense | Description |
|---|---|---|
| Category C Felonies | Theft with value from $5,000.00 to $25,000.00 | Stealing property or unlawfully taking possession of money or property valued ranging from $5,000.00 to$25,000.00 |
| Forgery | Altering, making, or using fake documents to defraud or with the intent to defraud | |
| Possession of a certain amount of a controlled substance | Possessing illegal drugs without authorization | |
| Category D Felonies | Unlawful use of a credit or debit card | Using someone else's credit or debit card to make unauthorized purchases |
| Residential burglary of a non-dwelling | Entering a non-residential property with the intent to commit a crime | |
| Certain drug possession offenses | Having a small amount of controlled drugs without authorization. |
Penalties and Sentencing for Third-Degree Felonies in Nevada
Under Nevada's felony classification, third-degree felonies are Category C and D felonies. These groups are mid-level and lower-level crimes, mostly non-violent, but are serious offenses. The sentencing for Category C and D felonies is not uniform, but depends on the nature of the crime, presence of aggravating or mitigating factors, and the offender’s criminal history.
Generally, a Category C felony in Nevada may result in a prison term of 1 to 5 years in a Nevada Department of Corrections facility. Additionally, there may be fines ranging up to $10,000.00 unless the offense statute states otherwise.
For Category D felonies, § 193.130(2)(d) of the Nevada Revised Statutes prescribes a 1-year to 4-year Imprisonment at the Nevada Department of Corrections. Furthermore, offenders may pay fines ranging up to $5,000.00.
Judges in Nevada may also impose probation or suspended sentencing for eligible non-violent offenses. Under this option, defendants serve the punishment for their crimes under strict court-imposed conditions within their communities, instead of incarceration. The penalties for a Category C or D felony in Nevada may also include restitution.
| Felony Category | Crime | Sentencing Range | Fines |
|---|---|---|---|
| Category C | Theft of property worth between $5,000.00 and $25,000.00 | 1 year to 5 years | Up to $10,000.00 |
| A Battery with a deadly weapon causing substantial bodily harm | 1 year to 5 years | Up to $10,000.00 | |
| First-time possession of a controlled substance | 1 year to 5 years | Up to $10,000.00 | |
| Forgery | 1 year to 5 years | Up to $10,000.00 | |
| Attempted theft of property worth over $5,000.00 | 1 year to 5 years | Up to $10,000.00 | |
| Category D | Unlawful possession of a firearm by a prohibited person | 1 year to 4 years | Up to $5,000.00 |
| Involuntary manslaughter | 1 year to 4 years | Up to $5,000.00 | |
| Residential burglary of an unoccupied structure | 1 year to 4 years | Up to $5,000.00 | |
| Fraudulent use of a credit card | 1 year to 4 years | Up to $5,000.00 | |
| Failure to register as a sex offender | 1 year to 4 years | Up to $5,000.00. |
Will You Go to Jail for a Third-Degree Felony in Nevada?
A Category C or D felony in Nevada may result in a prison term. Although Nevada considers offenses in these categories as mid or low-level, they are serious crimes with significant penalties.
In Nevada, a Category C felony is punishable by a 1 year to 5 years imprisonment, while a Category D felony may result in up to 4 years' Imprisonment.
However, a judge may consider other alternatives instead of incarceration. Depending on a defendant's criminal history, the nature of a Category C or D felony, and mitigating factors, the court may impose probation. Additionally, individuals charged with non-violent Category C or D offenses in Nevada may avoid third degree felony jail time if they qualify for:
- Suspended sentence (without probation)
- Deferral or diversion programs
- Residential confinement (house arrest)
- Community service or restitution-based sentencing.
How Long Does a Third-Degree Felony Stay on Your Record?
Similar to other criminal records, a Category C or D felony conviction stays permanently on the offender’s record, unless a court expunges it. Once a Category C or D felony arrest results in a conviction, it becomes part of the felon’s criminal history and is publicly accessible through public record requests and criminal background checks.
Nevada's Category C and D felony records may have consequences beyond their mandatory penalties. Beyond incarceration, fines, restitution, and other court-imposed conditions, a Category C or D felony record may affect employment opportunities, housing applications, and professional licenses.
Although criminal records, including Nevada's Category C and D felonies, are not automatically erasable (per § 179.245 of the Nevada Revised Statutes), offenders may hide eligible records from public viewing through sealing.
Can a Third-Degree Felony Be Sealed or Expunged in Nevada?
Yes, Nevada allows the sealing of criminal records, including Category C and D felonies. Under Section 179.245 of the Nevada Revised Statutes, individuals convicted of eligible Category C or D felonies may petition for the sealing of their records at the District Courts where their cases were filed and handled. After sealing a record, the court orders the record's custodian and other public repositories to deny public access to the document. This means they are no longer accessible through public record requests or criminal background checks. However, the record is still accessible to law enforcement, the courts, and authorized agencies.
Unlike sealing, expungement is the destruction of a record, making it non-existent. Owners of expunged records may legally claim that they were never convicted, except in certain situations. However, Nevada does not grant expungement.
In Nevada, an eligible Category C or D felony record may qualify for sealing if the owner completes probation or the sentence for the offense, pays all fines and fees, makes restitution (if applicable), and avoids conviction or criminal trials during the waiting period. Additionally, intending petitioners must observe a 5-year waiting period after serving the sentences for their crimes. For offenses in these categories that result in dismissals, acquittals, or dropped charges, individuals may petition for sealing immediately after the judgments.
How Third-Degree Felonies Compare to First- and Second-Degree Felonies
Under Nevada felony classifications, first, second, and third-degree felony compares in severity and penalties to Category A, Category B, and Categories C and D felonies. Felony categories in Nevada range from Category A (the most serious), to Category E (the least severe).
Comparing First, Second, and Third-degree Felonies in Nevada
Category A Felonies (first-degree felonies)
In Nevada, Category A felonies are the most serious offenses with the harshest penalties. This category contains crimes such as murder, kidnapping, and sexual assault. The penalties for a Category A felony depend on the specific crime. However, § 193.130 of the Nevada Revised Statutes mandates a definite term of 50 years in prison, life imprisonment with or without parole, or the death penalty for crimes in this category.
Category B Felonies (second-degree felonies)
Like Category A felonies, Nevada’s Category B felonies constitute serious crimes, though they carry more lenient punishments. This class includes offenses ranging from robbery, burglary, drug trafficking, and certain types of fraud to various other violent and non-violent crimes. The law assigns fixed sentences to Category B felonies, depending on the specific crime. Even so, the court imposes sentences for offenses in this category that range from 1 to 20 years in prison and may include fines up to $10,000.00 or more.
Categories C and D Felonies (third-degree felonies)
Nevada law classifies Category C and D felonies as mid-level to low-level severity crimes. Although Category C includes some crimes that involve a certain degree of force or violence, the state defines both categories primarily as non-violent offenses. Category C felonies carry penalties ranging from 1 year to 5 years in prison, with potential fines up to $10,000.00. Category D felonies carry shorter penalties, from one to four years in prison, and impose a maximum fine of $5,000.00.
How to Look Up Third-Degree Felony Records in Nevada
There are official and non-official options for accessing criminal records in Nevada, including Category C and D felonies. In Nevada, a Category C or D felony is a criminal case record, accessible as part of Court records.
Felony records are accessible as trial-level records through District Courts’ online portals. Interested individuals should identify the District Court that handled the specific Category C or D felony, locate their case access portal through their website, and search for these records by name, case number, and other available criteria. These case lookup systems may offer free viewing access, but may charge fees for copies. Felony records that are not available online may require mail-in or in-person requests to the District Courts clerk's offices.
Individuals seeking statewide access to Category C or D felony records should submit criminal history requests to the Nevada Department of Public Safety, Records, Communications, and Compliance Division (RCCD) at:
Nevada Department of Public Safety – Criminal History Repository
333 West Nye Lane, Suite 100,
Carson City,
NV 89706.
Nevada's felony records may also be accessible online through third-party websites that have databases on criminal case trials within the various District Courts in Nevada.
| Access Method | Source | Availability | Required Documents/Information |
|---|---|---|---|
| Online | District Courts' online case lookup portals | Public |
|
| Mail-in/In-person | District Courts clerk's offices | Requires identification |
|
| Nevada Department of Public Safety – Criminal History Repository | Valid government-issued photo identification is required when seeking access to a personal criminal record Accessing someone else's criminal records requires written, signed, and notarized consent or a court order |
|
|
| Public | Case identification information. |
Probation and Parole for Third-Degree Felony Offenders
Probation in Nevada is a post-sentencing process that keeps criminal offenders out of prison. In Nevada, a judge may impose probation for an eligible Category C or D felony rather than sending the defendant to state prison. Individuals under probation serve their sentences within the community under strict court-imposed conditions. These common conditions for probationers include:
- Regular reporting to a probation officer
- Maintaining lawful employment or attending school/training programs
- Drug and alcohol restrictions
- Travel restrictions
- Community service
- Counseling or treatment
- Weapons restrictions
- Curfew or electronic monitoring
- No contact orders.
Per § 176A.100 of the Nevada Revised Statutes, a Category C or D felony may be eligible for probation if:
- The offense is not statutorily excluded
- The offender has little or no previous felony record
- The offense did not result in serious bodily harm or involve a deadly weapon
- The offender accepts responsibility for the crime, cooperates with the pre-sentence investigation, and poses no risk to public safety.
Parole is the early release of inmates serving prison terms for crimes. Unlike probation, parole requires convicts to complete a portion of their sentences before they become eligible. As such, an individual convicted of a Category C or D felony in Nevada may qualify for parole after serving the minimum term of their sentence. For instance, a convict serving a 2-to-5-year prison term for battery must spend at least 2 years in prison to be eligible for parole. Furthermore, parole is not automatic; the Nevada Board of Parole Commissioners considers the offender's behavior in prison, participation in treatment, education, or counseling programs, and viable reentry plans into the community before approving parole for inmates.