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Can a Felony Be Reduced to a Misdemeanor in NV?

If you have been accused of committing a felony in Nevada, you may be able to get the charge reduced to a gross misdemeanor. Although a criminal defense attorney’s initial goal in a felony case is to have the charge dismissed, the next best situation is to reduce a felony to a misdemeanor through a plea deal, especially if the district attorney refuses to throw out the case altogether.

Felony offenses that can be reduced to misdemeanors are known as “wobblers” in Nevada. They are known by that name because state judges have the authority to treat them as either a felony or a gross misdemeanor.

The following are some of the common wobbler crimes in NV:

  1. Attempted drug possession or possession with intent to sell or distribute

  2. Attempted drug sale

  3. Attempted battery

  4. Attempted violation of a restraining order

  5. Attempted arson

  6. Abuse, neglect, or exploitation of an elder or vulnerable person

If you have been arrested for a Category C, D, or E felony, then a judge has the discretion to reduce your felony charge to a gross misdemeanor. The judge will consider the facts and circumstances of the case, the nature of the alleged crime, your criminal history, and your personal history.

The following are several disadvantages of being convicted of a felony, rather than a misdemeanor:

  1. Disqualify you from certain jobs (after prospective employers run a background check)

  2. Cause state licensing boards to deny certification

  3. Loss of gun rights

  4. Barred from serving on a jury

  5. Difficulties finding housing or obtaining a loan

Therefore, having a felony reduced to a misdemeanor would help you avoid most of the problems listed above. In addition, you may obtain record sealing for a misdemeanor in a shorter amount of time compared to sealing a felony conviction.

If you have been arrested for either a misdemeanor or a felony in Reno, contact the Law Offices of Kenneth A. Stover today for a free case review. Get a former prosecutor on your side!

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