Misdemeanor vs. Felony in Nevada: What’s the Difference and Why It Matters

If you or someone you love is facing criminal charges in Nevada, one of the first questions that comes up is whether the charge is a misdemeanor or a felony — and what that actually means.


The difference isn’t just about legal definitions. It impacts everything: the potential penalties, how the case is handled in court, what kind of criminal record you’ll have, and how your future could be affected. Whether your case is in Douglas County, Washoe County, or anywhere else in Northern Nevada, understanding this distinction is key to knowing your rights and making informed decisions.


Let’s break it down.



What Is a Misdemeanor in Nevada?


A misdemeanor is considered a less serious offense, but that doesn’t mean the consequences are minor. Common misdemeanor charges in Nevada include:


  • Petty theft or shoplifting (under $1,200)
  • Trespassing
  • First-time DUI (without injury)
  • Simple battery or assault
  • Vandalism
  • Possession of small amounts of controlled substances


In most cases, a misdemeanor is punishable by up to 6 months in jail, fines up to $1,000, and other penalties like community service, mandatory classes, or probation. These cases are typically handled in municipal or justice courts, such as East Fork Justice Court in Douglas County or Reno Justice Court in Washoe County.


Even though jail time is possible, many first-time offenders may be eligible for alternative sentencing, diversion programs, or suspended sentences — especially if they have a good attorney advocating for them.




What Is a Felony in Nevada?


A felony is a more serious offense under Nevada law and carries significantly harsher penalties. Felony charges include:


  • Drug trafficking
  • Domestic violence with prior convictions
  • Assault with a deadly weapon
  • Grand larceny (theft over $1,200)
  • Robbery
  • Sexual offenses
  • Homicide


Felonies are categorized into five classes (A–E), with Category A felonies (like murder) being the most severe, potentially resulting in life in prison or even the death penalty. Lower-level felonies (Category D or E) may carry a sentence of 1–4 years in prison but still result in a permanent felony record.


Felony cases are handled in district courts — for instance, Douglas County District Court in Minden or Second Judicial District Court in Reno.


A felony conviction can impact your right to vote, own firearms, get certain jobs or licenses, and even find housing. That’s why felony charges require a strategic and aggressive legal defense — even if it’s your first offense.


Why the Difference Matters


The classification of your charge as a misdemeanor or felony affects more than just the penalties — it affects how the case is handled, how your record is treated, and how much leverage you have during plea negotiations.


For example:


  • A felony may not be eligible for record sealing for many years — if at all
  • A misdemeanor may be sealed much sooner, sometimes just a year after the case closes
  • Judges and prosecutors approach felonies with more scrutiny
  • Felony convictions come with collateral consequences like losing civil rights


It’s also not uncommon for some offenses to be charged as either a misdemeanor or a felony, depending on the facts of the case. This is known as a “wobbler” offense — and it’s one of many reasons why having an experienced defense attorney can make a big difference. The right lawyer may be able to get charges reduced from a felony to a misdemeanor or argue for alternative sentencing options that preserve your future.


Don’t Make Assumptions — Get Legal Help Early


Whether you’re facing a misdemeanor or a felony charge in Douglas County, Washoe County, or anywhere in Nevada, it’s a mistake to assume that one is “not a big deal.” Any criminal charge can follow you for years if it’s not handled correctly.


At Max Stovall Law, we help clients navigate both misdemeanor and felony cases with clarity, strategy, and strength. We’ve worked in the local courts, we know the prosecutors, and we understand how to advocate for the best possible outcome — whether that means getting charges reduced, negotiating alternatives to jail, or fighting the case in court.


If you’ve been charged — or are under investigation — don’t wait.


Contact Max Stovall Law today for a free consultation. We’ll help you understand what you’re facing and what steps to take next to protect your record and your future.

Reckless Driving in Nevada: More Serious Than You Think

By Max Stovall • October 8, 2025
Many drivers think of reckless driving as just another traffic ticket. In reality, Nevada treats reckless driving as a criminal offense — and the penalties can be just as serious as some DUI charges. Whether your case is in Douglas County, Washoe County, or anywhere else in Northern Nevada, a reckless driving conviction can affect your license, your insurance, and even your criminal record. What Is Reckless Driving in Nevada? Under Nevada law (NRS 484B.653), reckless driving means driving “in willful or wanton disregard of the safety of persons or property.” This is more than just speeding — it’s driving in a way that deliberately ignores safety. Examples can include: Excessive speeding far above the posted limit Aggressive weaving through traffic Street racing Running multiple red lights or stop signs Passing illegally in dangerous conditions Even a single act of extremely dangerous driving can qualify. Penalties for Reckless Driving The penalties for reckless driving in Nevada depend on whether it’s your first offense and whether anyone was injured. First offense (no injury): Misdemeanor criminal charge $250–$1,000 fine 8 demerit points on your driving record Possible jail time of up to 6 months (rare for first offenses, but possible) If someone is injured or killed: Felony charges , with the possibility of 1–6 years in prison Significantly higher fines Permanent criminal record Reckless Driving vs. DUI In some cases, DUI charges can be reduced to reckless driving as part of a plea deal. While reckless driving is still a criminal offense, it usually carries fewer long-term consequences than a DUI. However, this doesn’t mean a reckless driving conviction is “no big deal” — it still goes on your record and can lead to license suspension. How Reckless Driving Impacts Your Record Reckless driving is not just a traffic citation — it’s a misdemeanor or felony criminal offense, depending on the circumstances. A conviction will appear on background checks, can cause your insurance rates to spike, and may affect certain job opportunities that require driving. Demerit points also stay on your driving record for 12 months, and too many points can lead to a license suspension. Defending Against a Reckless Driving Charge An experienced Nevada defense attorney can challenge a reckless driving charge by: Questioning the accuracy of speed readings or other evidence Showing that your driving did not meet the legal definition of “reckless” Negotiating for a reduced charge, such as careless driving, which carries fewer penalties Every case is different, but having legal representation can make a big difference in how your case is resolved. Protect Your Record and Your License At Max Stovall Law, we represent clients facing reckless driving charges throughout Douglas County and Washoe County. We know how quickly a moment on the road can turn into a serious legal problem — and how to fight for the best possible outcome. If you’ve been charged with reckless driving, don’t take it lightly. Contact us today for a free consultation and start protecting your driving record and your future.

Divorce in Nevada: What to Expect in Douglas and Washoe Counties

September 24, 2025
Going through a divorce can be one of the most stressful experiences of your life. Questions about money, children, and the future can feel overwhelming, and the legal system adds another layer of uncertainty. If you’re considering divorce in Douglas County, Washoe County, or anywhere else in Northern Nevada, here’s a complete guide to how divorce works in Nevada — from filing requirements to final judgment. Residency Requirements To file for divorce in Nevada, at least one spouse must live in the state for six consecutive weeks before filing. Residency must be proven, often with a signed affidavit from a witness who can confirm your presence in the state. This relatively short residency requirement makes Nevada one of the easier states in which to file for divorce. Where to File Divorces must be filed in the district court for the county where either spouse lives: Douglas County: Ninth Judicial District Court in Minden Washoe County: Second Judicial District Court in Reno Filing in the correct county ensures your case proceeds smoothly. Grounds for Divorce in Nevada Nevada is a no-fault divorce state, meaning you don’t have to prove wrongdoing like adultery or abandonment. Instead, most divorces are filed under: Incompatibility (irreconcilable differences) Living separately for at least one year without cohabitation Contested vs. Uncontested Divorce Uncontested divorce: Both spouses agree on all issues, including custody, property division, and support. This is the fastest and least expensive option, sometimes finalized within weeks. Contested divorce: Spouses disagree on one or more major issues. This process can take months or longer, often requiring hearings, mediation, or a trial. Key Issues in Nevada Divorces 1. Division of Property Nevada is a community property state. This means all assets and debts acquired during the marriage are generally divided 50/50. Separate property — assets owned before marriage or received as gifts/inheritances — typically remains with the original owner. Disputes often arise over business interests, retirement accounts, and real estate. 2. Spousal Support (Alimony) Alimony isn’t automatic in Nevada. Courts consider factors such as: Length of the marriage Financial needs and earning capacity of each spouse Contributions to the household or one spouse’s career Standard of living during the marriage Support may be temporary, rehabilitative (helping one spouse retrain for work), or long-term. 3. Child Custody and Support Custody decisions are made based on the best interest of the child (NRS 125C.0035). Courts prefer joint custody when possible, but factors such as stability, parental fitness, and history of domestic violence or substance abuse weigh heavily. Child support is calculated using Nevada’s statutory guidelines, which consider the parents’ income and the number of children. Divorce Timeline in Nevada Uncontested divorce: As little as 6–8 weeks Contested divorce: 6 months to over a year, depending on complexity and court schedules Costs of Divorce The cost of divorce varies. Court filing fees in Washoe and Douglas Counties are typically several hundred dollars. Attorney fees depend on whether the divorce is uncontested or contested — contested divorces are significantly more expensive due to additional hearings and trial preparation. Mediation and Alternatives Nevada courts encourage mediation for custody and parenting disputes. Mediation can help couples avoid long, costly trials while maintaining more control over the outcome. Modifying Divorce Decrees Life changes after divorce. Custody, support, and even alimony orders can sometimes be modified if you show a significant change in circumstances, such as job loss, relocation, or new financial needs. Local Representation in Douglas and Washoe Counties Divorce is never easy, but you don’t have to go through it alone. At Max Stovall Law , we guide clients in Douglas County, Washoe County, and throughout Northern Nevada through every step of the divorce process. From straightforward uncontested cases to complex, contested divorces, we fight to protect your rights, your children, and your financial future.