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.

Possession With Intent to Sell in Nevada: What You Need to Know

By Max Stovall • August 11, 2025
In Nevada, there’s a big difference between simple drug possession and possession with intent to sell — and the penalties reflect it. If prosecutors believe you planned to sell, distribute, or even share drugs, the charges you face can escalate quickly from probation-eligible to prison-mandatory. Whether your case is in Douglas County, Washoe County, or anywhere else in Northern Nevada, understanding how these cases are handled — and how prosecutors try to prove “intent” — is key to defending yourself. How Nevada Defines “Possession With Intent to Sell” Under Nevada law, you can be charged with possession with intent to sell if prosecutors believe you: Had a controlled substance in your possession, and Planned to sell, deliver, or distribute it Here’s the important part: You don’t have to be caught in the act of selling to face this charge. Intent can be based entirely on circumstantial evidence. What Counts as Evidence of Intent? Police and prosecutors may try to prove intent to sell by pointing to: The amount of drugs in your possession — more than what would typically be for personal use Packaging materials, like multiple small baggies or containers Large amounts of cash, especially in small bills Scales or other measuring devices Text messages, call logs, or social media messages suggesting drug transactions The presence of weapons alongside the drugs In other words, the same quantity of drugs could result in vastly different charges depending on how it’s packaged, stored, and what else is found with it. Penalties for Possession With Intent to Sell in Nevada Possession with intent to sell is a felony in Nevada, and penalties vary depending on the drug schedule and your prior record. For Schedule I or II drugs (like heroin, cocaine, or methamphetamine): First offense: Category D felony, 1–4 years in prison, fines up to $5,000 Second offense: Category C felony, 1–5 years in prison, fines up to $10,000 Third offense: Category B felony, 3–15 years in prison, fines up to $20,000 Lower schedules and marijuana have different penalty ranges, but the consequences are still severe — especially for repeat offenders. Possible Defenses An experienced defense attorney can challenge a possession with intent to sell charge in several ways: Arguing lack of intent — showing the drugs were for personal use, not for sale Challenging the search and seizure — if police violated your rights, the evidence could be suppressed Questioning the chain of custody — ensuring the drugs and evidence were handled properly from seizure to trial Pointing to insufficient evidence — if the state’s case is built on weak assumptions In some cases, your lawyer may negotiate a reduction from “intent to sell” down to simple possession, which often carries lighter penalties and may qualify you for probation or a diversion program. Local Courts, Local Strategies In Douglas County and Washoe County, possession with intent to sell cases are taken seriously by prosecutors and judges. But the details of your case — and the way it’s presented — matter. Local knowledge of how specific judges handle these charges, what diversion options exist, and how local prosecutors negotiate can make a significant difference in the outcome. Facing Drug Sale Allegations in Northern Nevada? We Can Help. At Max Stovall Law, we defend clients accused of drug crimes throughout Northern Nevada — from small-town arrests in Minden to large-scale investigations in Reno. We understand the high stakes and know how to challenge the evidence, protect your rights, and fight for your future. If you’ve been charged with possession with intent to sell, don’t wait until it’s too late to start building your defense. Contact us today for a free consultation — and let’s start protecting your future now.

Drug Possession Charges in Nevada: How Serious Are They?

By Max Stovall • August 6, 2025
Drug laws in Nevada have changed over the years, especially when it comes to marijuana. But make no mistake — being charged with drug possession is still a serious matter that can have lasting consequences. Whether your case is in Douglas County, Washoe County, or anywhere else in Northern Nevada, a possession charge can impact your record, your freedom, and your future opportunities. Understanding how Nevada handles drug possession — and what you can do if you’ve been charged — is the first step toward protecting yourself. What Counts as “Possession” in Nevada? Under Nevada law, possession means having control over a controlled substance, whether it’s on your person, in your car, in your home, or even somewhere else you have access to. There are three main types of possession: Actual possession – Having the drugs physically on you, like in your pocket or backpack. Constructive possession – The drugs aren’t on you, but they’re in a place you control, like your car, apartment, or storage unit. Joint possession – Two or more people share control over the same drugs. It’s also important to note that you don’t have to own the drugs to be charged — simply having access to them can be enough for prosecutors to pursue a case. Controlled Substances in Nevada Nevada classifies drugs into five schedules, based on factors like medical use and potential for abuse. Schedule I drugs (heroin, LSD, MDMA) are considered the most serious, with no accepted medical use and high potential for abuse. Schedule II–V drugs include substances like methamphetamine, cocaine, prescription opioids, anabolic steroids, and certain anxiety medications — many of which are legal with a valid prescription but illegal to possess otherwise. Marijuana is treated differently from other controlled substances, but possession over the legal limit can still lead to criminal charges. Penalties for Drug Possession in Nevada The severity of a drug possession charge depends on: • The type and amount of the substance • Your criminal history • Whether prosecutors believe you intended to use the drugs personally or distribute them First-time possession of a Schedule I or II controlled substance (other than marijuana) is typically a Category E felony, punishable by 1–4 years in prison and fines up to $5,000. However, first-time offenders are often eligible for probation or drug court, which focuses on rehabilitation instead of jail. Possession with intent to sell , or trafficking larger amounts, results in far more severe charges and mandatory prison time. Marijuana Possession in Nevada For adults 21 and over, it’s legal to possess: • Up to 1 ounce of marijuana flower, or • Up to ⅛ ounce of concentrated cannabis (like edibles, oils, or waxes) Possessing more than the legal limit — or possessing any amount if you’re under 21 — can still lead to criminal charges. Selling marijuana without a license is also a felony. Defenses to Drug Possession Charges A strong defense can mean the difference between a conviction and a clean record. Depending on the facts, your attorney may challenge: • Whether the drugs actually belonged to you • How the drugs were found (illegal searches can make evidence inadmissible) • Whether law enforcement respected your constitutional rights during the arrest • The lab results confirming the substance In some cases, it’s possible to negotiate reduced charges, enter a diversion program, or have the case dismissed entirely. Why Legal Representation Matters Even if you think the charge is “minor” — especially for a first offense — a conviction can follow you for years. It can affect employment, housing, professional licenses, and your ability to obtain certain loans or benefits. An experienced Nevada criminal defense attorney knows the local courts, understands the programs available for first-time offenders, and can fight to protect your record and your future. Charged with Drug Possession in Douglas or Washoe County? We Can Help. At Max Stovall Law, we represent clients facing drug charges throughout Northern Nevada — from simple possession to serious trafficking cases. We know the stakes, we know the law, and we know how to fight for the best possible outcome. If you’ve been charged with drug possession, don’t wait until your court date to get help. Contact us today for a free consultation — and take the first step toward protecting your freedom and your future.