Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
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
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
Category B felony
1 – 10 years in prison
Category C felony
1 – 5 years in prison, and
Up to $10,000 in fines (at the court’s discretion)
Probation and a suspended sentence (in most cases)
Category D felony
1 – 4 years in prison, and
Up to $5,000 in fines (at the court’s discretion)
*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.
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.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.