Five of the most common theft crimes under Nevada law are:
Below our Las Vegas criminal defense attorneys discuss the laws, penalties, and common defenses for each of these theft crimes.
1. Shoplifting
Stealing less than $1,200 worth of merchandise from a Nevada store is prosecuted as petit larceny (also called petty theft or petty larceny). This misdemeanor offense carries restitution and up to:
- 6 months in jail and/or
- $1,000 in fines
Meanwhile, wrongfully taking $1,200 or more of goods from a store is prosecuted as grand larceny. The penalties turn on the value of the stolen property:
| Value of the property | Grand larceny punishment in Nevada |
|---|---|
| $1,200 to less than $5,000 | category D felony
|
| $5,000 to less than $25,000 | category C felony
|
| $25,000 to less than $100,000 | category B felony
|
| $100,000 or more | category B felony
|
Typical defense strategies in larceny cases are to show the district attorney that:
- you merely forgot to pay and did not mean to steal; or
- someone planted the stolen merchandise on you; or
- you owed the property in question, and you were falsely accused.1
See our related article on grand larceny of a firearm (NRS 205.226).
2. Embezzlement
Embezzlement is when a person takes property or money that they were entrusted with by the rightful owner. A common example is a cashier pocketing money from the cash register or a jewelry store employee swiping some of the inventory.
The penalties for embezzlement in Nevada are identical to those for petty theft and grand theft described above. Whether it is a misdemeanor or a felony turns on the value of the property.
The most common embezzlement defense is that you had no intent to steal the property. Perhaps you simply forgot to return the property, or you took it without realizing it.2
3. Burglary
Entering any vehicle or structure with the intent to commit larceny while inside is prosecuted as burglary in Nevada. You can be prosecuted even if you get caught before you steal any personal property.
The penalties for burglary depend on where it allegedly occurred:
|
Location of the burglary |
Nevada penalties* |
| Home | Category B felony
|
| Business | Category C felony
|
| Other structure | Category D felony
|
| Automobile |
First offense
Subsequent offense Category D felony
|
| *If you had a deadly weapon, then burglary will always be charged as a category B felony. The sentence is 2 to 15 years in prison and up to $10,000 in fines (at the court’s discretion). | |
Common burglary defenses are:
- You had no intent to steal when entering the facility; or
- Someone else committed the crime, and you are the victim of mistaken identity; or
- Law enforcement committed misconduct, such as coercing your confession.3
4. Grand larceny of a motor vehicle
Stealing a car is always a felony in Nevada. A first offense of grand theft auto is a category C felony, carrying:
- 1 – 5 years in prison, and
- Up to $10,000 in fines (at the court’s discretion), and
- Restitution for the value of the motor vehicle
Meanwhile, a second vehicle larceny offense in five years is a category B felony. The sentence is:
- 1 – 6 years in prison, and
- Up to $5,000 in fines, and
- Restitution for the value of the motor vehicle2
Ways to raise a reasonable doubt in auto theft charges are to show that:
- You had permission to borrow the car;
- The car belonged to you; or
- You were falsely accused (which is common in cases where there are no witnesses of you with the car).4
Unlike pick-pocketing, robbery requires using force, violence, or fear or injury.
5. Robbery
The most serious theft crime in Nevada, robbery is defined as taking property from someone by using violence, force, or fear of injury. The classic robbery scenario is a “hold up” where someone pulls a gun on another person and demands their wallet.
Robbery is always a category B felony. If there was no deadly weapon or tear gas involved, the penalty is two to 15 years in prison. Otherwise, the judge will impose an additional one-to-15-year sentence.
Three common defenses to robbery criminal charges are:
- You were misidentified (such as being wrongly picked out of a lineup)
- You may have taken something, but you used no force, violence, or fear of injury
- You never took or attempted to take anything.5
Arrested? Call us…
If you are facing larceny charges, contact our Nevada criminal law firm for legal advice. Our criminal defense lawyers fight all types of theft cases, as well as DUI and domestic violence charges, in Clark County and throughout the state of Nevada.
Our theft attorneys also handle criminal record sealing of misdemeanors, gross misdemeanors, and felonies so your background checks come back clear.
Legal References
- Nevada Revised Statute 205.240. NRS 205.220. See, for example, Stephans v. State (2011) 262 P.3d 727.
- NRS 205.300.
- NRS 205.060. See, for example, State v. White (2014) 330 P.3d 482. Note that it is also considered burglary to enter a structure or vehicle with intent to commit a battery, assault, or any felony inside.
- NRS 205.228.
- NRS 200.380.
