NRS § 200.380 – Robbery – Nevada Law & Penalties

Nevada Revised Statutes § 200.380 prohibits robbery, which is taking property from another person in their presence by means of violence, force, or fear of injury.

Both robbery and attempted robbery are prosecuted as category B felonies that carry two to 15 years in prison. The sentence can be twice as long if you were armed with a deadly weapon.

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding robbery:

• 1. Elements of NRS 200.380
• 2. Penalties
• 3. Defenses
• 4. Immigration Consequences
• 5. Record Seals
• Additional Reading

1. Elements of NRS 200.380

For you to be convicted of robbery in Nevada, prosecutors must prove beyond a reasonable doubt the following three elements:

1. You unlawfully took personal property from the person of another or in their presence,
2. You took the property against the victim’s will, and
3. You took the property by means of force, violence, or fear of injury to the victim, the victim’s family, or anyone in the victim’s company at the time of the robbery.

The “fear of injury” can be immediate or in the future. The “force” can be slight or injurious. It does not matter whether the force, violence, or fear of injury is used to:

• Obtain or retain possession of the property,
• Prevent or overcome resistance to the stealing, or
• Facilitate your escape.¹

Burglary and Larceny

Robbery is a separate crime from burglary (NRS 205.060), which is entering a building or vehicle with the intent to commit a crime inside. Unlike robbery, burglary does not require force, threats, other people, or stealing. (Although many burglaries do involve theft.)

Meanwhile, robbery is a more serious crime than larceny (NRS 205.220). Larceny is an unlawful taking of property not by using force or threats. A common example of larceny is shoplifting.

So, while robbery is a crime against a person, burglary and larceny are crimes against property.

2. Penalties

In Nevada, robbery is a category B felony carrying two to 15 years in state prison. As long as you did not use a deadly weapon or tear gas, the judge may grant probation or a suspended sentence in lieu of incarceration.

Armed Robbery

In Nevada, armed robbery (also called “aggravated robbery”) is robbery with the use of a deadly weapon or tear gas. It is also a category B felony carrying two to 15 years in state prison; however, the judge will impose an additional prison term of 1 to 15 years.

This enhanced sentence must run consecutively – not concurrently – with the underlying sentence. Plus, you are not entitled to probation or a suspended sentence.

“Deadly Weapons”

“Deadly weapons” include any object that could be used to cause death. Examples are:

• Firearms, such as pistols, revolvers, rifles, and shotguns
• Knives, such as dirks, daggers, machetes, and switchblades
• Nunchucks
• Throwing stars
• Pipes
• Bricks
• Broken glass
• Explosives

Length of Enhanced Sentence

When determining the length of the additional sentence in an armed robbery case under Nevada 200.380, judges consider the following five factors:

1. The facts and circumstances of the case;
2. Your criminal history (if any);
3. How the robbery impacted the victim (such as post-traumatic stress);
4. Any mitigating factors (facts that make you less blameworthy, such as having a rough childhood); and
5. Any other relevant information.

Note that your sentence will be enhanced even if you did not wave around or fire the weapon. Merely having a knife or gun in a belt holster is sufficient as long as the victim knows it is there.

Example: Jerry is a cashier at a 7-Eleven. Suddenly a man appears and demands all the cash. Jerry then sees that the man has a gun on his belt. Here, the man could face robbery charges with an enhanced sentence. Even though the man did not hold up the gun, Jerry could see it. Plus it contributed to the “force or fear” that Jerry felt.

Had the robber in the above example had a gun in a pocket that Jerry could not see, then we can argue that the judge should not impose an enhanced sentence.²

Attempted Robbery

Attempted robbery is trying – and failing – to steal through violence, force, or fear of injury.

Like robbery, attempted robbery is also a category B felony, though the penalty range is lower: 1 to 10 years in prison. Plus if you used a weapon, the enhanced sentence can be no more than 10 additional years.³

3. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with theft crimes such as robbery. In our experience, the following four defenses have proven very effective with Nevada prosecutors, judges, and juries at getting these charges reduced or dismissed.

1) You Were Misidentified

Many robbers wear masks and gloves, and robberies often occur quickly. Therefore, victims may be unable to accurately describe the culprit or pick the culprit out of a lineup.

Even if there is surveillance video, it may be too grainy to make a positive ID.

Prosecutors have the burden to prove you guilty beyond a reasonable doubt. If we can raise this doubt by arguing misidentification, the charge should be dismissed.

2) You Used No Force or Fear of Injury

A key element of NRS 200.380 charges is that you use force or fear to steal. Simply pick-pocketing without the victim’s knowledge is a less serious offense.

Example: Helen’s phone goes missing from her purse. She uses the “find my phone” feature and traces it to Floyd Lamb Park. There, she sees the waiter who served her earlier playing on Helen’s stolen phone. Helen calls the police and tells them the waiter robbed her.

The police arrest the waiter for robbery. However, the waiter explains he snatched the phone when Helen was not looking. Video from the restaurant confirms this. So the D.A. reduces the charge to larceny from a person (NRS 205.270). This carries lesser penalties than robbery.

Many people use the words “rob” and “steal” interchangeably. In Nevada, “robbery” is more serious than merely “stealing” because it involves threats or violence.

3) You Did Not Take – or Try to Take – Anything

Another key element of NRS 200.380 charges is that you steal – or attempt to steal. Simply scaring someone is not robbery if there was no taking.

Example: One night Max accosts a woman in downtown Las Vegas and holds up his fist at her. The woman immediately holds out her purse and tells him to take anything he wants. Max then walks away without taking anything.

The woman calls the police, who then arrest Max for attempted robbery. Then Max’s attorney explains to the D.A. that he never demanded her purse or tried to take it. Max just wanted to give her a scare. The D.A. then reduces the charge to simple assault (NRS 200.471), which is only a misdemeanor.

Had Max in the above example ended up taking the purse, then he probably could have been convicted of robbery. It would not matter that he originally did not intend to steal anything.⁴

4) The Police Committed Misconduct

Another possible defense in most criminal cases is that the police committed misconduct. If the police found evidence through an illegal search, we can ask the court to disregard (“suppress“) it. Then the D.A. may be left with too little evidence to prosecute you.

4. Immigration Consequences

Robbery in violation of NRS 200.380 can be a deportable offense.⁵ Therefore, non-citizens facing robbery charges should consult with an attorney immediately. The attorney may be able to broker a plea bargain where the charge gets reduced to a non-deportable crime.

5. Record Seals

Nevada robbery convictions must remain on your records for 10 years. After that, you can pursue a record seal.

Robbery cases that get dismissed may be sealed immediately.⁶ Note, though, that the Nevada record seal process can take months.

Additional Reading

For more in-depth information, refer to the following scholarly articles:

• Robbery, Recidivism, and the Limits of the Criminal Justice System – Marquette Law Review.
• Federal Sentencing: The Need for a New Test for the Abduction Enhancement in the Context of Robbery – West Virginia Law Review.
• Criminal Law – Taking and Force: A Time Dependent Relationship in Establishing Robbery – Suffolk University Law Review.
• Robbery – Mental Element at Time of Force or Putting in Fear – Dickinson Law Review.
• Evaluation of a victim’s response to an attempted robbery: The effect of victim gender – Legal and Criminology Psychology.

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Legal References