Nevada "Possession of Stolen Property"
Laws (NRS 205.275)

Las Vegas Criminal Defense Attorneys

Not only is it a crime to steal in Nevada. It’s a crime knowingly to receive or possess stolen property even if you didn’t steal it yourself. A conviction carries hefty penalties and also looks bad on your record.

Our Las Vegas criminal defense lawyers have decades of experience in winning theft cases. Often we can negotiate a resolution resulting in probation or a full dismissal with no trial. And we’re always ready to take your case to a jury and fight for your innocence.

To learn more about the Nevada crime of possessing or receiving stolen property, just scroll down. We discuss the definition, defenses, and possible penalties.

Definition

The legal definition of possession of stolen property in Las Vegas, NV is, "A person commits an offense involving stolen property if the person, for his or her own gain or to prevent the owner from again possessing the owner’s property, buys, receives, possesses or withholds property:

(a) Knowing that it is stolen property; or

(b) Under such circumstances as should have caused a reasonable person to know that it is stolen property."

In short, it’s illegal to have property that you know (or should have reasonably known) is stolen. Nevada courts will presume that you knew the property was stolen if you’re found with three or more items of the same kind of stolen property and they all have their serial numbers defaced.

Note that you may be prosecuted for possession of stolen property in Nevada even if the person who did the stealing is never caught or convicted.

Larceny

Possession of stolen property in Nevada is an entirely separate crime than larceny. Las Vegas larceny law makes it an offense to steal property, such as shoplifting or mugging. In contrast, NRS 205.272 makes it an offense to receive or possess property that’s already been stolen by someone else.

Defenses

Common defenses to Nevada receipt of stolen property charges include the following:

• You didn’t know the property was stolen


If the prosecution can’t prove that you knew or should have known that the goods were stolen, then no crime occurred.


• You didn’t possess the property


NRS 205.275 prohibits buying, receiving, possessing or withholding stolen property. So as long as the D.A. can’t show that you exercised any control over the property, the case should be dropped.


• Illegal search

Perhaps the police executed an illegal Las Vegas search warrant in order to find the property. Your attorney can file a Nevada motion to suppress evidence explaining to the judge how the police violated your constitutional rights. If the judge grants the motion your case could be dismissed for lack of proof.

Penalties

The punishment for violating Nevada possession of stolen property law depends on the value of the property:

If the property is less than $250:

Possessing or receiving stolen property amounting to less than $250 is a misdemeanor in Nevada. The sentence includes:

• restitution, and



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

If the property is at least $250 but less than $2,500:

The possession of stolen property from $250 to just under $2,500 is a category C felony in Las Vegas. The sentence would be:

• restitution, and



• one to five years in Nevada State Prison, and



• maybe $10,000 in fines

If the property is $2,500 or more:

The possession or receipt of stolen property valued at $2,500 or more is a category B felony in Nevada. The sentence is:

• restitution, and




• one to ten years in Nevada State Prison, and



• up to $10,000 in fines

Immigration consequences

The possession of stolen property under NRS 205.275 may be an aggravated felony and/or a "crime of moral turpitude" in Nevada. Consequently, non-citizens convicted of possession of stolen property may be removed from the United States in addition to facing fines and jail time. So it’s important aliens retain legal counsel right away to try to avoid a conviction for this crime.

Charged with a crime? Phone us . . . .

If after reading this you’d like to discuss your case for free, call us at 702-DEFENSE (333-3673). Our Las Vegas criminal defense lawyers will do everything to try to lessen your charges or get your case dismissed.

For further information refer to our pages on: Misdemeanor in Nevada; Las Vegas search warrant; category C felony in Las Vegas; category B felony in Nevada; Las Vegas larceny law; Nevada motion to suppress evidence; and "crime of moral turpitude" in Nevada. If you want information about the California crime of possessing stolen property, go to our page on the California crime of possessing stolen property.

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