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Las Vegas Robbery Defense Attorney

Robbery is the felony that turns a bad moment into a decade. Under Nevada law it requires no weapon, no injury, and not even a completed theft — force or fear is enough — yet it carries 2 to 15 years in prison, and an armed allegation can add up to 20 more, served consecutively. If you or someone you love is facing this charge, an experienced Las Vegas robbery defense attorney is not a luxury; it is the variable that moves the outcome most.

De Castroverde Law Group defends robbery cases across the Las Vegas valley — Strip and casino incidents, street robberies, home invasions, and the messy in-between cases where an argument over property became a felony complaint. This page explains what Nevada actually calls robbery, what the sentences really are, and where these cases are fought and won.

Orlando De Castroverde — Las Vegas Criminal Defense Attorney

Criminal Defense Attorney at De Castroverde Law Group

Member of the Nevada Justice Association’s Membership Committee; Guardian of Justice, Board of the Las Vegas Metropolitan Department Foundation, Nevada State Bar

Orlando De Castroverde

De Castroverde Law

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Arrested for robbery in Clark County? The first days decide the next years — free, confidential consultation with De Castroverde Law Group. Hablamos Español.

Alex De Castroverde

What Nevada Law Counts as Robbery (NRS 200.380)

Nevada defines robbery as the unlawful taking of personal property from another person, or in that person’s presence, against their will, by force, violence, or fear of injury. The details of that definition are traps for the unwary. The fear can be of immediate harm or future harm. It can be directed at the victim, a family member, or anyone in the victim’s company at the time. And the degree of force does not matter — a grab, a shove, a snatched phone with a struggle over it, all qualify the same as a beating.

The least-known trap is force-to-escape: under the statute, force or fear used to obtain the property, to retain it, to overcome resistance, or to facilitate escape all count. A shoplifting case — ordinarily a petty offense — becomes robbery the moment a fleeing suspect pushes past a security guard. That single shove is the difference between a misdemeanor citation and a category B felony, and it is one of the most common ways ordinary people end up facing robbery charges in Las Vegas.

“In the person’s presence” is broader than pockets and purses, too. Property taken from a counter the victim stood behind, from the next room while the victim was held in place, or from a car the victim was pulled away from — all of it can support a robbery theory, because presence means the area within the victim’s control, not physical contact with the property.

What robbery does not require is just as important: no weapon, no injury, and no completed theft. An attempt with force is enough. Understanding exactly which elements the State can and cannot prove in your case is the first task of the defense.

Robbery Penalties in Nevada: 2 to 15 Years — Before the Enhancement

Robbery is a category B felony carrying 2 to 15 years in state prison. There is no misdemeanor version and no automatic probation path — this is a prison-range offense from the moment it is charged, prosecuted by units that handle violent crimes, not shoplifting calendars.

Then comes the number most websites get wrong. If a deadly weapon was used, NRS 193.165 adds an additional 1 to 20 years — not the ‘1 to 15’ that outdated pages still publish. The enhancement runs consecutively to the robbery sentence, cannot exceed the sentence for the underlying robbery, and carries no possibility of probation or a suspended sentence. The judge must weigh specific factors on the record — the facts of the case, criminal history, the impact on the victim — in setting the enhancement’s length, which means sentencing itself is an advocacy battleground, not a formula.

Do the math on an armed case: 2 to 15 for the robbery, plus up to the same again for the weapon, stacked. That is why the two most valuable fights in a Las Vegas robbery case are usually the weapon element and the identification — each can cut exposure in half or better.

Armed vs. Unarmed Robbery: the Same Incident, Two Very Different Sentences

Nevada has no separate ‘armed robbery’ statute — armed robbery is simply robbery plus the NRS 193.165 enhancement. That structure creates the defense opportunity: the weapon allegation is a separate element with its own proof problems. Was there actually a weapon, or the claim of one? Was the object capable of causing substantial harm as used? Who, in a multi-defendant incident, actually held it? An unloaded replica, a hand in a pocket, a bottle on the ground nearby — each has produced litigation, and each has produced acquittals on the enhancement even where the robbery count stood.

For defendants, the practical takeaway is simple: never assume the armed allegation is fixed. Enhancement fights are winnable — at preliminary hearing, in negotiation, and at trial — and losing the enhancement while resolving the robbery is often the difference between a survivable sentence and a lost decade. It is also the piece of the case where experienced counsel most visibly earns the fee, because the enhancement’s proof requirements are technical and juries take them seriously when they are actually litigated.

Robbery vs. Burglary vs. Theft: What the DA Must Prove

These three charge families get confused constantly — including by the people charged with them. The table below is the sixty-second version:

  Robbery (NRS 200.380) Burglary (NRS 205.060) Theft / Larceny (NRS 205.0835)
The crime is… Taking property from a person by force or fear Entering with intent to commit a crime inside Taking property without force
Against… A person A place (home, business, structure, vehicle) Property
Level Category B felony Category B (residential) down to category E (vehicle) Scales with value — misdemeanor to felony
Prison range 2–15 years 1–10 years residential; 2–15 with a weapon Depends on value
Weapon changes it? +1–20 years consecutive (NRS 193.165) Becomes 2–15 category B Can become robbery if force is used

The lines between them are exactly where cases are won. The same incident can often be charged more than one way, and which statute fits is an argument: a taking without real force is theft, not robbery; presence in a store during business hours undercuts burglary’s unlawful-entry theory. Getting a robbery count re-evaluated as theft changes the entire sentencing landscape — and our burglary defense page covers the entry-crime side of that line in detail.

Home Invasion and Casino Robbery: the Local Patterns

Two robbery patterns dominate Clark County charging. The first is the home confrontation: Nevada’s separate home invasion statute (NRS 205.067) punishes forcible entry of a dwelling at 1 to 10 years — 2 to 15 with a deadly weapon — and when a taking happens inside, prosecutors stack robbery, burglary, and home invasion counts from a single event. Multi-count exposure is a negotiation problem with a legal solution, because the counts overlap in ways that can be challenged.

The second is the casino case. Robberies on gaming properties — hotel rooms, parking structures, the floor itself — are worked by resort security before Metro ever arrives, documented on some of the best surveillance coverage in the world, and charged aggressively because the industry demands it. That cuts both ways: casino video convicts, and casino video exonerates. The footage that shows what actually happened — who approached whom, what was displayed, what was taken — exists for a limited time, and a defense demand in week one preserves what a demand in month three has already lost. Cases from the Strip corridor are processed through CCDC and prosecuted at the Regional Justice Center, and we know both buildings well.

Strip incidents also tend to be group incidents — a night out, several people, one confrontation — and Nevada prosecutors charge everyone within reach on aiding-and-abetting theories while sorting out roles later. If you were merely present when someone else crossed the line, the sorting-out is exactly where your defense lives, and it should start before the co-defendants’ lawyers start pointing across the table.

How a Robbery Case Moves Through the Las Vegas Courts

Robbery cases start fast and slow down. The arrest usually comes quickly — often the same night, on a show-up identification — followed by booking at CCDC and an initial appearance where bail is argued. Bail on a category B violent felony is substantial, and the arguments that lower it or win release conditions are evidence arguments: ties to the community, the weakness of the identification, employment, family. A defendant who is out prepares a defense; a defendant who is in pressures toward a plea. The release fight is the first battle, and it is worth fighting hard.

From there, the case follows the felony track: a preliminary hearing in Las Vegas Justice Court where the State must show probable cause — and where defense cross-examination locks witnesses into their story — then bindover to the Eighth Judicial District Court at the Regional Justice Center for arraignment, motions, negotiation, and if needed, trial. Contested robbery cases commonly run six months to over a year. That timeline is the defense’s friend: identifications age badly, videos get reviewed frame by frame, and the case the State filed in week one is rarely the case it still has in month nine.

Defense Strategies That Win Robbery Cases

Identification

Strangers, stress, poor light, cross-racial identification, suggestive lineups — robbery has the weakest identification evidence of any violent felony, and eyewitness confidence is not eyewitness accuracy. Where the case rests on a show-up or a six-pack, the defense starts there.

No force or fear

If the taking happened without force — or the ‘fear’ was assumed rather than caused — the crime is theft, not robbery. Downgrading the charge family is a win measured in years.

Claim of right

Taking back property you genuinely believed was yours is not robbery in the classic sense the statute targets; ownership disputes that turned physical are routinely overcharged.

The weapon element

As covered above — the single highest-value fight in any armed case.

Suppression

Show-up identifications, custodial statements taken without proper warnings, and searches that produced the alleged proceeds all carry constitutional requirements. Robbery cases move fast at the arrest stage, and fast police work is often sloppy police work.

Accomplice and mere-presence defenses

Being in the car, being nearby, or knowing the person who did it is not robbery. The State must prove your conduct and your intent — not your associations.

What a Robbery Conviction Costs Beyond Prison

Sentencing is not the end of what a robbery conviction takes. In a company town built on gaming, the employment consequences alone can be career-ending — and they arrive quietly, in background checks and licensing renewals, years after the case file closes.

A category B violent felony follows you out of prison. It ends firearm rights, disqualifies or jeopardizes professional licenses, and — critically in this town — is devastating to gaming licensure and casino employment at every level, from dealer to bartender to back-of-house. For non-citizens, robbery convictions are treated among the most serious immigration categories, with removal exposure that outlasts any sentence; our guide to criminal charges and immigration covers what’s at stake. Felony records of this class also carry Nevada’s longest sealing waits, and enhanced convictions compound at any future sentencing. The collateral file is a reason to fight the charge itself, not manage it.

A Las Vegas DUI lawyer team focused on real defense—not quick pleas

Why Hire De Castroverde Law Group for a Robbery Charge

Robbery cases are won by teams that move early and try cases when trial is the answer. Our defense group includes former prosecutors who know exactly how Clark County builds a robbery file — the identification procedures, the surveillance pulls, the co-defendant pressure — and therefore where each one breaks. We handle the enhancement fight and the charge fight together, we appear in the Regional Justice Center every week, and we defend clients in English and Spanish with a fully bilingual team. Whether the right resolution is a negotiated theft plea, a dismissed enhancement, or a jury verdict, we build every case as a felony defense trial team from day one — with our full Las Vegas theft crimes practice and violent crimes experience behind it, and the weapons charges expertise armed cases demand.

Las Vegas Robbery Charges — Frequently Asked Questions

Yes — always. Unarmed robbery is a category B felony carrying 2 to 15 years. There is no misdemeanor robbery in Nevada; the weapon only determines whether the 1-to-20-year enhancement stacks on top.

Legally, one statute plus one enhancement: robbery is NRS 200.380, and ‘armed robbery’ is the same charge with the NRS 193.165 deadly-weapon enhancement — an additional, consecutive 1 to 20 years capped at the length of the underlying sentence. Practically, it roughly doubles the exposure, which is why the weapon element deserves its own defense.

Yes — it is the classic force-to-escape trap. Any force used to keep the property or get away, including pushing past a loss-prevention officer at the door, converts a petty theft into a category B felony. If that is your case, the amount of ‘force’ involved is precisely what your lawyer will litigate.

Regularly — when the defense creates real proof problems. Identification challenges, the no-force-no-fear line, claim-of-right facts, and enhancement fights all move cases: to theft counts, to dismissed weapon allegations, sometimes to outright dismissal. What produces those outcomes is early, aggressive work on the evidence, not hoping for a generous offer.

It is an uphill question. Robbery is a prison-range category B felony, and if a deadly weapon finding attaches, probation on the enhancement is barred by statute. Sentencing outcomes vary with the facts and the advocacy — but nobody should assume first-offense leniency in a robbery case. The realistic path to a manageable outcome usually runs through the charge and enhancement fights, not through sentencing mercy alone.

A negotiated resolution can close in a few months; a contested felony routinely runs six months to more than a year through preliminary hearing, bindover, motions, and trial setting. Speed is rarely the defense’s goal — time is when identifications get challenged, video gets dissected, and overcharged counts get trimmed.

Hire counsel before their first court appearance if possible; do not discuss the incident on jail calls — every call from CCDC is recorded, and prosecutors read the transcripts; and write down anything you know about witnesses, video locations, and timing while it is fresh, because those details fade in exactly the week they matter most. Robbery defense is evidence-race defense, and families who move in the first week genuinely change outcomes.

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