If you look at a crime map anywhere in Nevada, you will see that theft is the most common offense that shows up in both residential and commercial areas. Even if you avoid going to jail for theft, having a criminal record will severely limit your job prospects.
If you are facing Nevada theft charges, it is vital you retain experienced Las Vegas criminal defense attorneys to fight the case. I have succeeded in getting literally thousands of these charges reduced to a lesser offense or even dismissed.
Below I discuss five of the most common theft crimes under Nevada law.
1. Shoplifting
Shoplifting 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 six months in jail and/or $1,000.
Meanwhile, wrongfully taking $1,200 or more of goods from a store is prosecuted as grand larceny. The fines and Nevada State Prison sentence 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: 1 to 4 years in prison, $5,000, and restitution |
| $5,000 to less than $25,000 | Category C felony: 1 to 5 years in prison, $10,000, and restitution |
| $25,000 to less than $100,000 | Category B felony: 1 to 10 years in prison, $10,000, and restitution |
| $100,000 or more | Category B felony: 1 to 20 years in prison, $15,000, and restitution |
Three typical defense strategies that I find effective 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 owned the property in question, and you were falsely accused.1
See our related articles on grand larceny of a firearm and mail theft, which are always felonies.
2. Embezzlement
Embezzlement is when you take property or money that you 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 frequent embezzlement defense I use 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
Burglary is always a felony in Nevada.
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: 1 to 10 years in prison |
| Business | Category C felony: 1 to 5 years in prison and up to $10,000 |
| Other structure | Category D felony: 1 to 4 years in prison and up to $5,000 |
| Automobile | First offense Category E felony: Probation and a suspended sentence (in most cases) Subsequent offense Category D felony: 1 to 4 years in prison and up to $5,000 |
| *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. | |
Typical burglary defenses I rely on 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 no matter the car’s value. A first offense of “grand theft auto” is a category C felony, carrying:
- 1 to 5 years in prison, and
- Up to $10,000, 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 to 6 years in prison, and
- Up to $5,000, and
- Restitution for the value of the motor vehicle.2
Three ways I raise a reasonable doubt in auto theft cases are to show that:
- You had permission to borrow the car, or
- The car belonged to you, or
- You were falsely accused (which is common in cases where there are no witnesses that saw you with the car).4
5. Robbery
Nevada’s most serious theft crime, robbery is 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 of the most common defenses I use to fight robbery criminal charges are:
- You were misidentified (such as being wrongly picked out of a lineup), or
- You may have taken something, but you used no force, violence, or fear of injury, or
- You never took or attempted to take anything.5
Robbery is a more serious crime than pick-pocketing (“larceny from a person”) because pick-pocketing does not involve using force, violence, or fear of injury.
Robbery’s penalties turn on whether a gun, knife, or other deadly weapon was involved.
Frequently Asked Questions
At what dollar amount does theft become a felony in Nevada?
In Nevada, the threshold for a felony theft charge (grand larceny) is $1,200. If the value of the stolen property or services is below this amount, it is typically charged as petit larceny, which is a misdemeanor.
What is the difference between “theft” and “robbery” in Nevada?
The primary difference is the use of force or fear.
Under Nevada law, larceny involves taking someone’s property without their consent and without direct confrontation. Robbery, however, is a violent crime that involves taking property directly from a person through the use of force, threats, or intimidation.
Because it involves a threat to personal safety, Robbery is always a felony, regardless of the value of the items taken.
Can a theft charge be dropped if I pay back the victim?
While paying restitution (the value of the stolen goods) is often a required part of a plea deal or sentence, it does not automatically result in the charges being dropped. However, for first-time offenders in petit larceny cases, I can often negotiate a “stay of adjudication.” This typically involves paying restitution and attending a “petit larceny school” in exchange for a full dismissal of the charges.
Is shoplifting a misdemeanor or a felony?
Shoplifting is prosecuted under Nevada’s larceny statutes and can be either a misdemeanor or a felony based on the retail value of the merchandise:
- Misdemeanor: Value under $1,200.
- Felony: Value of $1,200 or more.
Note that if you enter a store with the intent to steal, prosecutors may also charge you with burglary of a business, which is a felony regardless of whether you actually succeeded in taking any items.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Larceny by Mistake. A Comedy of Errors – Modern Law Review.
- Criminal Law: Distinction between Larceny and Embezzlement – California Law Review.
- Criminal Law—Larceny—Criminal Intent – Buffalo Law Review article about the state of mind necessary for a theft conviction.
- The Value of the Subject Matter of Larceny – Dickinson Law Review.
- Larceny – What Is Crime Of – Instructions – Crim. L. Mag. & Rep.
Also see our related article, How much theft is a felony?
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. See also Kayvion Jackson v. State (Nev. App. 2025) 88147-COA.
- NRS 205.228.
- NRS 200.380.
