In Nevada, a misdemeanor is a lower-tier criminal offense punishable by up to six months in jail and/or up to $1,000 in fines.
Most misdemeanors are resolved through negotiations with the prosecutor, though you have the right to a bench trial, where a judge delivers the verdict. An exception is battery domestic violence, which also carries the right to a jury trial.
Common Misdemeanors
- A 1st or 2nd DUI in 7 years with no serious injuries
- A 1st or 2nd battery domestic violence in 7 years with no aggravating factors
- Petit larceny (shoplifting under $1,200)
- Solicitation of prostitution by a sex worker
- Trespass
- Simple assault
- Simple battery
- Breach of peace (“disorderly conduct”)
Criminal Sentencing
- Incarceration: Up to 6 months in a county or city jail (not state prison)
- Fines: Up to $1,000 plus court costs (or the equivalent in community service at $10 an hour)
- Jail Alternatives: Probation, online classes, or counseling
Record Seal Wait Times
- Most misdemeanor convictions: 1 year after the case closes
- Battery, harassment, stalking, or protection order violation convictions: 2 years after the case closes
- DUI or battery domestic violence convictions: 7 years after the case closes
- Dismissed charges: Immediately
In our experience, many non-violent, first-time misdemeanor charges can be dismissed through a submittal with no jail time. If you hire an attorney, judges will usually “waive” your appearance so you never have to come to court at all.
In this article, our Las Vegas criminal defense attorneys will address the following topics regarding Nevada misdemeanor laws:
- 1. “Misdemeanor” Defined
- 2. Sentencing
- 3. Jury Trial Rights
- 4. Sealing Records
- 5. Immigration Consequences
- 6. Standard vs Gross Misdemeanors
- Frequently Asked Questions
1. “Misdemeanor” Defined
Misdemeanors are the least serious crimes in Nevada criminal law.
Misdemeanors are different from infractions, which are civil (non-criminal) wrongs such as minor traffic violations. It may be possible to get some misdemeanor charges reduced down to infractions as part of a plea deal.
A standard misdemeanor is considered more minor and has fewer consequences than a gross misdemeanor (a mid-tier offense) or a felony (the most serious offense).
2. Sentencing
The maximum punishment for a Nevada misdemeanor crime under NRS 193.150 is:
- $1,000 in fines and/or
- 6 months in jail.1
There is often no jail sentence for a first or second offense (though some charges carry mandatory minimum jail terms). Depending on the case, other penalties may include
- community service,
- suspended sentence,
- an online education, and/or
- restitution.
If you are charged with a felony or a gross misdemeanor, we may be able to get the charge reduced to a misdemeanor as part of a plea bargain.
Any incarceration occurs in a city or county jail. Jails are different from state prisons. Prisons are in more rural areas than jails. Also, they house people serving out felony sentences.
See our related article, Misdemeanor probation in Nevada – 3 key things to know.
Pre-Prosecution Diversion Program
In Nevada, you may be eligible for a pre-prosecution diversion program that allows you to avoid a misdemeanor conviction. Diversion occurs before you enter a plea. If you complete all the court-ordered terms, the court dismisses the charge without an adjudication of guilt and generally orders the records sealed.
Possible diversion requirements include:
- Educational classes;
- Support groups;
- Anger management therapy;
- Counseling;
- Veterans or military treatment programs;
- Mental-health, substance-abuse, or homeless-assistance programs;
- Community service;
- Restitution;
- No-contact requirements;
- A curfew; and/or
- Other appropriate treatment or sanctions.
You are not eligible for this statutory diversion program if the current misdemeanor charge involves:
- Violating a domestic-violence protection order;
- A crime of violence under NRS 200.408;
- Battery domestic violence;
- Harassment;
- Stalking;
- Coercion;
- Vehicular manslaughter;
- DUI; or
- A minor traffic offense.
Certain prior offenses can also make you ineligible, including a prior felony or gross misdemeanor or specified offenses involving protection orders, no-contact orders, violence, sexual misconduct, domestic violence, harassment, stalking, coercion, DUI, or vehicular manslaughter. You are also ineligible if a Nevada court previously ordered you to complete a pre-prosecution diversion program.
Even if you are eligible, diversion is not guaranteed. The court receives input from the prosecutor and defense attorney, and there is no statutory right to participate or appeal the court’s decision concerning participation.2
3. Jury Trial Rights
Since Nevada misdemeanors carry no more than six months in jail, they generally carry the right only to a bench trial and not a jury trial.
An important exception is misdemeanor battery domestic violence. A conviction results in the loss of firearm rights under Nevada law, making the offense sufficiently “serious” to carry a jury trial right.3
A Note about Jurisdiction
Nevada misdemeanors are typically under the jurisdiction of the local county justice court or local city municipal court where it allegedly occurred. If you go to trial, the justice or municipal court judge would preside.
However, if you are also charged with related gross misdemeanors or felonies, the more serious charges may be “bound over” to district court after a preliminary hearing. The district court may then exercise jurisdiction over the related misdemeanor charges as well.4
4. Sealing Records
There is a wait to seal misdemeanor convictions in Nevada, as the following table shows.
| Misdemeanor Conviction | Wait Time to Seal the Record |
| DUI Battery domestic violence | 7 years after the case closes |
| Battery (NRS 200.481) Violating a protection order for stalking or harassment | 2 years after the case closes |
| All other misdemeanors | 1 year after the case closes |
| Dismissals (no conviction) | Usually no wait |
Although these charges are minor, they appear on background checks and may turn off potential employers. Sealing your criminal record is always recommended.5
5. Immigration Consequences
Some Nevada misdemeanors are crimes involving moral turpitude or fall within other immigration law categories that can lead to deportation or inadmissibility.
Any non-citizen accused of a crime should retain counsel before entering a plea. The prosecutor may agree to reduce or dismiss the charge as part of an immigration-safe plea bargain.
6. Standard vs Gross Misdemeanors
The following table compares and contrasts misdemeanors and gross misdemeanors in Nevada.6
| Misdemeanors | Gross Misdemeanors | |
| Penalty Range | Up to 6 months in county jail and/or up to $1,000 fine | Up to 364 days in county jail and/or up to $2,000 fine |
| Examples | ||
| Record Seal Wait Time for Convictions | 1 year after case closed for most cases 2 years after the case closed for simple battery, harassment, stalking, or violation of a protection order 7 years after the case closed for DUI | 2 years after case closed |
| Jury Trial Rights | Generally no right to jury trial (bench trial only) except for battery domestic violence | Right to jury trial |
| Immigration Consequences | Generally less severe, but can still lead to deportation for certain offenses (such as domestic violence) | More likely to be considered a “crime involving moral turpitude,” which can lead to deportation or inadmissibility |
Frequently Asked Questions
Can a Nevada misdemeanor charge be dismissed?
Yes. Prosecutors may dismiss a misdemeanor outright or after you complete a diversion program, submittal, classes, counseling, community service, or other negotiated requirements. Whether dismissal is available depends on the charge, your criminal history, and the strength of the evidence.
In our experience, first-time defendants charged with non-violent misdemeanors often have the best chance of avoiding a conviction.
Do you have to appear in court for a misdemeanor in Nevada?
Not always. A defense attorney can frequently appear on your behalf in a misdemeanor case, though you must appear in the rare event your case goes to trial. You should never miss court unless your attorney confirms that your appearance has been waived.
In cases we handle, one of our first goals is to excuse the client from routine court appearances whenever possible. This can be especially helpful for people who live outside Nevada or cannot easily miss work.
Can you be arrested for a misdemeanor in Nevada?
Yes. Police can arrest you for a misdemeanor in appropriate circumstances, or they may issue a citation requiring you to appear in court. If you ignore the citation or miss a required court date, the judge may issue a bench warrant.
We tell clients to address misdemeanor charges promptly, even when the alleged offense seems minor. Waiting can turn a manageable case into one involving a warrant, an additional charge, or stricter release conditions.
Can you go to jail for a first-time misdemeanor?
Yes. Most Nevada misdemeanors carry up to six months in jail, although some offenses have different or mandatory minimum penalties. Judges may also impose fines, community service, counseling, classes, restitution, or a suspended jail sentence.
In our experience, jail is uncommon for many first-time, non-violent misdemeanor cases. However, the outcome depends on the specific offense, aggravating factors, your criminal history, and the court.
Do you need a lawyer for a Nevada misdemeanor?
You are not required to hire a lawyer, but your greatest odds of a favorable outcome lie with having an experienced private attorney zealously fighting your charges. Public defenders just do not have the time and resources to give their all to your case.
Can a misdemeanor be reduced to a civil infraction?
Sometimes. Nevada law treats certain minor traffic and municipal violations as civil infractions, and prosecutors may agree to reduce an eligible misdemeanor charge to a non-criminal violation.
Does a Nevada misdemeanor show up on a background check?
Yes. An arrest, pending misdemeanor charge, or misdemeanor conviction may appear on a criminal background check unless the record is sealed. Even a dismissed case may remain visible until the sealing process is completed.
We tell clients that dismissal and record sealing are two separate steps. After getting a charge dismissed, we recommend seeking a record seal promptly so the case is less likely to interfere with employment or housing.
Can a Nevada misdemeanor affect your job or professional license?
Yes. A misdemeanor may affect employment, security clearances, professional licensing, housing, or other opportunities. The consequences depend on the offense, the employer or licensing board, and whether the record has been sealed.
In cases we handle, protecting our client’s career can be just as important as avoiding jail. We consider these collateral consequences when negotiating any plea agreement.
Can a misdemeanor affect immigration status?
Yes. Immigration consequences depend on the elements of the offense and your immigration history. Certain crimes involving domestic violence, drugs, theft, fraud, or moral turpitude can create deportation or inadmissibility problems.
We tell non-citizen clients not to accept a plea until a lawyer has examined its immigration consequences. A carefully negotiated charge or factual basis may sometimes prevent consequences that would follow from a different plea.
What happens if I violate the terms of my misdemeanor probation?
The court may revoke a suspended sentence, impose previously suspended jail time, add conditions, or issue a warrant. Common probation violations include missing classes, failing to pay restitution, testing positive for drugs or alcohol, or having prohibited contact.
If a problem prevents you from completing a requirement, we recommend addressing it before the deadline whenever possible. Judges are generally more receptive to a timely request than to an unexplained failure to comply.
Is a Nevada misdemeanor the same as a gross misdemeanor?
No. A standard misdemeanor generally carries up to six months in jail and a $1,000 fine. A gross misdemeanor generally carries up to 364 days in jail and a $2,000 fine, and defendants charged with gross misdemeanors have a right to a jury trial.
