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Can I be convicted of "burglary" for shoplifting in Nevada?

Posted by Neil Shouse | Dec 02, 2014 | 0 Comments

It depends on the circumstances...

Under NRS 205.060, the Nevada crime of burglary does not include the act of entering a commercial establishment during business hours with the intent to commit petit larceny unless the person has previously been convicted:

  • Two or more times for committing petit larceny within the immediately preceding 7 years; or
  • Of a felony.

Therefore, a person who goes into a store with the intent to steal less than $650 faces only petit larceny charges as long as he/she attempts to steal and has no past felony convictions or no more than one petit larceny conviction in the past 7 years. Petit larceny is only a misdemeanor in Nevada, carrying:

  • up to 6 months in jail, and/or
  • up to $1,000 in fines

Nevada judges rarely impose jail for a first-time offense of petit larceny in Nevada. Prosecutors may even dismiss the charge in exchange for the defendant paying a fine and completing a petit larceny education class.

Meanwhile, someone who goes into a commercial establishment with intent to shoplift $650 or more in merchandise does face charges for burglary whether or not he/she has previous convictions. Read more information on the Nevada crime of shoplifting.

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).

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