Nevada Larceny from a Person Law (NRS 205.270)
Las Vegas Criminal Defense Attorneys
The Nevada crime of larceny from a person (or "pickpocketing") is a very serous felony carrying high fines and possibly prison time. It also stands out on your criminal record and may dissuade prospective employers from hiring you.
In this article, our Las Vegas criminal defense lawyers discuss Nevada "larceny from a person" (NRS 205.270) laws as well as how we might be able to have your charges reduced to a lesser crime or even dismissed so your criminal record remains clear. Phone us at 702-DEFENSE (702-333-3673) for a free phone consultation to discuss your case today!
Definition
The legal definition of "larceny from a person" in Las Vegas, Nevada applies when "a person who, under circumstances not amounting to robbery, with the intent to steal or appropriate to his or her own use, takes property from the person of another, without the other person’s consent." In other words, a "pickpocket."
The main difference between the Clark County crime of "larceny from a person" and the more serious Nevada crime of "robbery" is that robbery requires that the alleged thief use violence, force, or fear of force against the victim to accomplish the taking. Often the victims of a "larceny from a person" crime don’t even discover that they’ve been wronged until after the taking has occurred.
Defenses
There are several arguments your criminal defense attorney may be able to take advantage of in fighting a Nevada larceny from a person (NRS 205.270) charge. The following are just a few common defenses that could help win your case:
- Lack of intent. Larceny from a person is an intent crime in Las Vegas, so you can’t be convicted of it if you genuinely didn’t mean to take the property. Accidental takings are not a crime.
- You owned the property. If the property you took from another person belonged to you, you can’t be convicted of larceny from a person. (If you allegedly used force while taking it, however, you may face other charges such as battery in Nevada.)
- You didn’t take anything. Obviously, you shouldn’t be convicted of larceny from a person if no taking took place. Your attorney may try to admit evidence such as eyewitnesses and video-recordings to show that you never took another’s property.
- Consent. If the "victim" gave you their consent to take the property, then any charges against you for larceny from a person should be dismissed.
Penalties
The standard punishment for committing the Nevada crime of larceny from a person depends on the value of the property allegedly taken:
Property less than $2,500
If the stolen property’s value amounted to less than $2,500, a conviction for larceny from a person is a category C felony in Nevada, carrying:
- restitution of the items allegedly stolen, and
- 1 to 5 years in prison, and
- maybe up to $10,000 in fines
Property worth $2,500 or more
If the stolen property is valued at $2,500 or more, a conviction for larceny from a person is a category B felony in Nevada, carrying:
- restitution of the items allegedly stolen, and
- 1 to 10 years in prison, and
- up to $10,000 in fines
Plea bargains
Depending on your case, Clark County prosecutors may be willing to reduce your "larceny from a person" charges to a lesser offense such as petit larceny in Nevada. The judge may also grant probation and a suspended sentence unless the "victim" of the larceny had an infirmity caused by age or another physical condition.
If you’re initially charged with the Nevada crime of robbery, the prosecutor may offer a plea bargain where you instead plead guilty to larceny from a person. It may be a decent deal to accept because robbery mandates two to fifteen years in prison, which is harsher than the typical sentence for larceny from a person.
Immigration consequences
Larceny from a person (NRS 205.270) may qualify as a deportable offense in Nevada, so aliens who’ve been arrested for it should retain counsel to try to get the charges changed to a non-removable crime. Click on the following link to read our information page on Nevada criminal defense of immigrants.
Phone us if you’ve been arrested for theft . . .
Our Las Vegas criminal defense lawyers have been very successful in negotiating all kinds of larceny cases down to full dismissals or charge reductions. Feel free to call us at 702-DEFENSE (702-333-3673) for a free phone consultation to discuss how we might help close your case and keep your criminal record clean.
