What Is a Class B Felony in Nevada?
Nevada’s Legislature has divided felonies into five classes – from Class A to Class E. Class A, with first- and second-degree murder, includes the most serious felonies while Class E contains the least serious. Class B felonies include:
- Possession of child pornography
- Home invasion
- Battery with the intent to kill
- Burglary – with or without a weapon
- Assault with a deadly weapon
Maximum and Minimum Sentences
All felony classes have a presumptive sentencing range. For Class B felonies that range is between 1 and 20 years in prison. A fine in addition to the sentence is in the discretion of the court. Nevada law gives judges considerable discretion in straying from the presumptive sentencing if certain aggravating circumstances are present.
Extended Sentences
Some circumstances of an offense will automatically increase the sentencing range or add a second sentence that must be served separately. For example, the use of a deadly weapon or tear gas to commit a felony is considered as an additional felony for the purposes of sentencing an offender. A sentence of 1 to 20 years is added to the underlying felony and the two sentences must be served consecutively. The same is true for a felony committed on school property or on a school bus or for a felony that is committed by an adult with the help of a child. An offender with multiple prior felonies that is classified as a habitual offender is subject to an enhanced penalty. For example, someone with three previous felony arrests faces up to life in prison.
Loss of Rights and Benefits
As soon as you are convicted you will lose the following rights in Nevada:
- Hold state office
- Firearms privileges, including the right to have a concealed weapon
- Serve on a grand jury
- Vote
- Work in a variety of fields that require state or federal licenses, including healthcare, law, accounting and others.
In Nevada, many civil rights are restored automatically, although a waiting period is required in some cases. Voting rights and the right to serve as a juror in a civil action are restored after the completion of any sentence for a non-violent felony, including probation or parole. There is a 4-year waiting period before making application to restore the right to run for public office and there is a 6-year waiting period where the right to serve on a jury is concerned. Other civil rights are not automatically restored.
Employment and Housing with a Felony Record
It is estimated that 1 out of 12 adults seeking jobs and housing have a felony record in the United States. It is not illegal for a potential landlord or employer to bypass felons for other applicants. That’s why it is important to seek out resources – either from state agencies or even an online search – to produce a list of potential employers and landlords. One Nevada agency that could be helpful with a job search is the state’s Office of Employment, Training and Rehabilitation, which keeps lists of nearby employers participating in incentive programs.
Clearing Your Record
Anyone with a felony conviction can apply to the court where they were sentenced to have that record sealed. If successful, that will restore all civil rights lost and make it much easier to get a job or housing. However, Nevada law requires a waiting period, depending on the severity of the crime. For a Class B felony, the waiting period is 15 years after the completion of the sentence, including any probation or parole. Individuals with felony convictions also can request a pardon from the Board of Pardon Commissioners, although pardons are rarely granted. There is no set waiting period, although experts recommend waiting at least five years, and often, much longer. In some years as few as 1 percent of all pardon requests are granted.
For more details, see Title 15 of Nevada’s Revised Statutes and the Nevada Sentencing Guidelines.
This article is for informational purposes only. If you need legal advice, you should visit an attorney.