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Your Boulder City Criminal Defense Attorney
Facing a criminal charge in Boulder City is frightening on its own, before any of the legal process even starts, but Nevada law does set real, specific rules for what happens next: bail and release, the right to a lawyer, and how a charge actually gets classified and sentenced. Nevada’s own rules on bail, counsel, and sentencing, not a generic overview, are covered in the sections below. None of these rules are unique to Boulder City; the same statutes apply statewide, though which court actually hears a case still depends on the county.
Bail and Pretrial Release in Nevada
Nevada law recognizes a right to bail before conviction for nearly every offense: NRS 178.484 requires that a person arrested for a crime other than first-degree murder be admitted to bail. First-degree murder is the real exception, where a court can deny bail if the proof of guilt is evident or the presumption great. That 48-hour pretrial release hearing under NRS 178.4849 exists specifically to set custody status quickly, not to resolve the underlying charge, which is a separate, longer process covered elsewhere on this page. A DUI arrest carries its own bail restriction worth knowing: Nevada law does not allow a person arrested for driving under the influence to be admitted to bail or released on their own recognizance while their blood or breath alcohol concentration remains at 0.04 or higher.
Getting a Lawyer After an Arrest in Boulder City
NRS 171.188 guarantees appointed counsel starting at the initial appearance for a gross misdemeanor or felony charge, provided the person is found financially unable to hire an attorney, a determination the court makes based on actual finances, not assumptions. An in-custody defendant has to be brought before a magistrate for that initial appearance within 72 hours of arrest, a separate deadline from the 48-hour pretrial release hearing covered above, not the same requirement restated twice. Once appointed under NRS 180.060, the public defender’s duty covers every stage of the case, including the bail proceedings themselves and any later probation or parole revocation, not just the trial itself.
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Felony Categories A Through E in Nevada
How a charge gets classified in Nevada determines almost everything else about it, the possible sentence, whether bail comes with conditions, even whether a public defender is automatically available.
Under NRS 193.130, a Nevada felony isn’t one single thing, it’s sorted into five categories: A (death or life imprisonment), B (1 to 20 years, set by the specific crime), C (1 to 5 years plus an optional $10,000 fine), D (1 to 4 years plus an optional $5,000 fine), and E, where the statute actually requires probation with the prison term suspended, up to a year in county jail as a condition rather than years in state prison.
Below the felony categories, Nevada also recognizes gross misdemeanors and ordinary misdemeanors, each with its own sentence range well below any felony category, though a second domestic violence battery or a third DUI can push what started as a misdemeanor-level offense up into felony territory.
Sealing a Criminal Record in Nevada
What other states call expungement, Nevada calls sealing, a genuinely distinct legal process under NRS 179.245, not just different terminology for the same thing.
The waiting period before a record can be sealed depends on what the conviction actually was, counted from release from custody or discharge from probation or parole: 1 year for an ordinary misdemeanor, 2 years for a gross misdemeanor or a Category E felony, 5 years for a Category B, C, or D felony, and 10 years for a Category A felony or other violent crime. DUI and battery domestic violence convictions at the misdemeanor level carry their own longer wait, 7 years, well beyond an ordinary misdemeanor’s 1-year period.
NRS 179.245 permanently bars sealing for certain convictions no matter how many years pass: sex offenses, crimes against children, felony-level DUI, some home invasion convictions, and specific drug offenses all fall outside the sealing process entirely.
Clark County's Court System
Nevada’s District Courts hold original jurisdiction over felony trials, the state’s general-jurisdiction courts for the most serious charges. Clark County is part of the state’s 8th Judicial District. Below the District Court, Justice Courts handle misdemeanor criminal and traffic matters directly, and also conduct the arraignment and preliminary hearing for felony and gross misdemeanor charges before they move up to District Court. Nevada’s Municipal Courts exist only inside incorporated cities, handling city-ordinance and traffic violations specifically; an unincorporated community has no municipal court of its own, leaving District and Justice Court as the relevant venues.
How Nevada Law Treats Different Kinds of Charges
Not every criminal charge in Nevada works the same way, and knowing which category applies here can make a real difference: several of the most common charge types carry their own specific statute and sentencing rule beyond the general framework already covered.
Nevada’s DUI penalties escalate fast, and it matters where you fall on that scale: a first offense within 7 years is a misdemeanor (NRS 484C.110), a fine and up to 6 months in jail, with a mandatory interlock device either way. What doesn’t reset after 7 years is the felony threshold itself, a third DUI at any point in your history is a felony under NRS 484C.410, not just a third one within a fixed window.
NRS 453.336 makes unlawful possession of a controlled substance a felony in Nevada even without any intent to sell, but if this is a first offense, it may qualify for dismissal after treatment, worth knowing before assuming a felony charge automatically means a felony conviction.
Nevada’s theft statute (NRS 205.0832, penalties at NRS 205.0835) sorts your charge by the value of what was allegedly taken: misdemeanor below $1,200, Category D felony from $1,200 to $5,000, Category C from $5,000 to $25,000, and Category B felony above that, with restitution ordered on top of whatever sentence applies.
If this is your first battery domestic violence charge within 7 years, it’s a misdemeanor under NRS 200.485, but if you have a prior, any second or later offense is automatically a Category B felony, 1 to 6 years in state prison, and Nevada law specifically bars probation or a suspended sentence once it reaches that felony level.
If your charge is assault or battery without a domestic relationship involved, it runs on its own separate statutes from the domestic violence framework above, with your sentence generally turning on whether a weapon was involved and the extent of any injury.
Boulder City and Clark County
Boulder City sits in Clark County, and both the immediate custody process after an arrest and any later court proceedings run through Clark County’s own local facilities rather than a single statewide system.
Closest service areas: our coverage in Henderson.
Frequently Asked Questions
How quickly can someone get out on bail after an arrest in Nevada?
Nevada requires a pretrial release hearing within 48 hours of being taken into custody, under NRS 178.4849, to determine custody status.
When does the right to an attorney actually start in Nevada?
The right to counsel attaches at the initial appearance before a magistrate, under NRS 171.188, for anyone charged with a gross misdemeanor or felony.
What’s the difference between a Category A and Category E felony in Nevada?
They’re at opposite ends of Nevada’s felony scale under NRS 193.130: Category A carries a possible death sentence or life imprisonment, while Category E requires the court to suspend the prison term and grant probation instead, up to a year in county jail as a condition.
Can a felony conviction ever be sealed in Nevada?
Yes, depending on the category: 2 years for a Category E felony, 5 years for Category B, C, or D, and 10 years for a Category A felony or other violent crime.
Does sharing a judicial district with another county change where a case is filed?
No, sharing a judicial district affects how judges are assigned across that district for administrative purposes, not which county’s court actually hears a given case.
Does it cost anything to talk to a criminal defense attorney in Nevada?
A criminal defense attorney in Nevada typically offers a free initial consultation to discuss the charge and the options available.
Start the Process Now
The prosecution typically starts building its case immediately after an arrest, while evidence and witness recollection are still fresh, the same early window a defense benefits from too. You don’t need every detail sorted out first. Talking it through with a real person costs you nothing and commits you to nothing, and it’s often the clearest way to understand what’s actually at stake this early in the process.
