Nevada Robbery Laws (NRS 200.380)

Las Vegas Criminal Defense Attorneys

Robbery laws are harsh in Nevada. Even if the items allegedly taken are of little value, a conviction can result in a lengthy prison sentence as well as a marred criminal record that will cause prospective employers to be wary of hiring you.

Over the years our Las Vegas criminal defense lawyers have successfully handled numerous robbery cases with the aim of achieving either full dismissals or favorable plea bargains with no prison time. Below we provide a brief summary of Nevada robbery laws including its definition, standard penalties, and what we can do to help your case.

Legal definition of "Robbery" in Nevada

The legal definition of robbery in Las Vegas, Nevada, is "the unlawful taking of personal property from the person of another, or in the person’s presence, against his or her will, by means of force or violence or fear of injury, immediate or future, to his or her person or property, or the person or property of a member of his or her family, or of anyone in his or her company at the time of the robbery." (NRS 200.380)

A classic example of robbery is a thief knocking down a woman and grabbing her pocketbook while she’s walking down the street, and then running away with it (commonly called "mugging"). Another typical scenario is of a thief holding up a liquor store and taking money from the register.

The main difference between Las Vegas robbery law and the Nevada crime of larceny from a person ("pick-pocketing") is that larceny doesn’t necessarily involve the use of fear or violence. Whereas people are usually aware when they’re being mugged, pick-pocket victims don’t realize anything bad happened until after the fact when they can’t find their property.

Defenses

Luckily, the Las Vegas crime of robbery lends itself to several defenses that may be effective in getting your charges reduced or thrown out completely. Typical strategies include the following:

• No force or fear - Robbery by definition has to be accomplished by force, violence or causing fear in the victim. If none of those elements is present, then robbery charges cannot stand.



• Mistaken identity - Since robbers often conceal their faces (such as with ski masks), it may be difficult to determine their identity. If the prosecutor lacks the evidence to prove beyond a reasonable doubt that the accused is the one who committed the robbery in question, then the case should be dismissed.



• False allegations - It’s not unusual for people to accuse others falsely of crimes such as robbery. This may stem from revenge, mental illness, or just a misunderstanding. A good criminal defense team will investigate the evidence and unearth all the holes and inconsistencies in attempt to show that the robbery charges are baseless.

Penalties (NRS 200.380)

Robbery is a category B felony in Las Vegas, which carries a punishment of two to fifteen years in prison. And whenever a deadly weapon is used in the commission of a Nevada crime such as in "armed robbery," the judge may increase the sentence by one to twenty years as long as the enhancement doesn’t exceed the original sentence. For example:

Joe is convicted of robbery and receives a two-year prison sentence. Because Joe used a gun to carry out the crime, Nevada "armed robbery" law mandates that the judge increase the sentence by no more than two years because his base sentence was only two years.

Plea bargains

Depending on the circumstances, a prosecutor may be amenable to lowering a Nevada robbery charge to larceny from a person. It’s also a felony, but the sentence range is just one to ten years in prison.

If the prosecution cannot show that any property was taken but there may have been physical contact, the state may also agree to lower a robbery charge to simple battery in Nevada, which is just a misdemeanor in Las Vegas carrying a sentence of:

• up to six months in jail, and/or



• up to $1,000 in fines.

Double Jeopardy

The definition of robbery takes into account situations where one may use battery ("force or violence") in order to accomplish the taking of property. Because the law of "double jeopardy" protects defendants from being convicted of the same crime twice, a person can not be convicted of both robbery and battery in the same case unless the battery was completely unrelated to the theft. (Owens v. State, 100 Nev. 286, 680 P.2d 593 (1984).

If you’ve been charged with a crime, call us . . .

We hope this information has been helpful to you. If you have any more questions or you have been arrested, please call our experienced Las Vegas criminal defense attorneys at 702-DEFENSE (702-333-3673) for a free consultation. Being accused does not mean you’re guilty, and we may be able to negotiate with prosecutors to reduce or even dismiss your case.

For a discussion of the robbery laws in California, found in Penal Code sec. 211, please visit our page on Penal Code 211 PC: California robbery laws.

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