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Las Vegas Theft Defense Attorney

If you need a Las Vegas theft defense attorney, you are likely facing one of the most stressful moments of your life. A theft or robbery charge in Nevada can result in prison time, thousands of dollars in fines, a permanent criminal record, and consequences that follow you for years — from job applications to housing to immigration status.

Nevada law treats property crimes seriously. Depending on the value of the property and the circumstances of the alleged offense, you could be facing anything from a misdemeanor with up to six months in jail to a Category B felony carrying up to 20 years in state prison.

At De Castroverde Law Group, we have defended the Las Vegas community for more than 30 years. Our bilingual legal team understands what is at stake and fights to protect your rights, your record, and your future. Whether you are accused of shoplifting, grand larceny, robbery, or burglary, we build defense strategies designed to get charges reduced, dismissed, or taken to trial when necessary.

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What Are Theft Crimes in Nevada?

Under Nevada Revised Statutes Chapter 205, “theft” is an umbrella term that covers the unlawful taking of another person’s property. The state recognizes several distinct theft offenses, each carrying different penalties based on the value of the property involved and the method used to take it.

Nevada theft crimes include:

  • Petit larceny — taking property valued under $1,200 (misdemeanor)
  • Grand larceny — taking property valued at $1,200 or more (felony)
  • Shoplifting — concealing merchandise, altering price tags, or using anti-detection devices
  • Robbery — taking property from a person through force, threats, or intimidation (NRS 200.380)
  • Burglary — entering a structure with intent to commit a crime (NRS 205.060)
  • Auto theft — stealing a motor vehicle regardless of value (NRS 205.0832)
  • Embezzlement — misappropriating property entrusted to you
  • Identity theft — using another person’s personal information for financial gain


Understanding what specific charge you face is the first step toward building your defense. A qualified theft defense lawyer in Las Vegas can review the evidence, identify weaknesses in the prosecution’s case, and advise you on the best path forward. Learn more about the difference between larceny and theft or whether embezzlement charges in Nevada are considered a felony.

Nevada Theft Classifications and Penalties

Nevada’s theft penalties are directly tied to the dollar value of the property involved. The $1,200 threshold is the dividing line between a misdemeanor and a felony. Above that amount, penalties escalate through Nevada’s felony category system.

Property Value Charge Level Prison Range Max Fine
Under $1,200 Misdemeanor (Petit Larceny — NRS 205.240) Up to 6 months jail $1,000
$1,200 – $4,999 Category D Felony (NRS 205.222) 1–4 years prison $5,000
$5,000 – $24,999 Category C Felony 1–5 years prison $10,000
$25,000 – $99,999 Category B Felony 1–10 years prison $10,000
$100,000+ Category B Felony 1–20 years prison $15,000
Stolen Firearm (any value) Category B Felony 1–10 years prison $10,000

 

In addition to prison time and fines, every theft conviction requires the defendant to pay full restitution to the victim. The court may also impose probation, community service, and mandatory counseling. For a detailed breakdown of how Nevada categorizes felonies, read our guide to understanding Nevada felony classes and sentences or learn what a Category B felony means for your case.

Facing Theft Charges?

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Shoplifting Defense in Las Vegas

Shoplifting is one of the most common theft charges filed in Clark County. Under Nevada law, shoplifting includes concealing merchandise on your person, altering or switching price tags, transferring goods to a different container, and using devices designed to defeat anti-theft systems.

Shoplifting penalties follow the same value-based scale as other theft offenses. Property under $1,200 is charged as petit larceny (misdemeanor), while anything at $1,200 or above triggers felony grand larceny charges.

What many people do not realize is that even a misdemeanor shoplifting conviction creates a permanent criminal record. Employers routinely run background checks, and a theft conviction — even for a low-dollar amount — can cost you a job offer.

Beyond criminal penalties, Nevada law allows retailers to pursue civil damages against shoplifters. Stores may file a separate civil lawsuit seeking the retail value of the merchandise plus additional statutory damages. Las Vegas hotels and casinos are particularly aggressive about pursuing theft claims — learn more about theft liability in Las Vegas hotels and casinos.

The good news: many first-time shoplifting defendants qualify for diversion programs or negotiated plea agreements that can keep a conviction off your record. An experienced shoplifting lawyer in Las Vegas can evaluate whether you are eligible.

Robbery vs. Theft — What Is the Difference?

People often use “robbery” and “theft” interchangeably, but under Nevada law they are very different crimes with very different penalties.

Theft involves taking someone’s property without their consent. Robbery (NRS 200.380) involves taking property directly from a person using force, violence, threats, or intimidation. The use-of-force element is what makes robbery a far more serious charge.

Robbery is always a Category B felony in Nevada, carrying 2 to 15 years in state prison. If a deadly weapon was used during the robbery, the court must add a consecutive sentence of 1 to 20 years — meaning the total sentence could reach 35 years. Learn more on our dedicated robbery defense page.

Burglary (NRS 205.060) is a separate offense that many people confuse with robbery. Burglary is entering any structure — a home, business, vehicle, or storage unit — with the intent to commit a crime inside. You do not have to actually steal anything to be charged with burglary. The intent alone is enough. Read our detailed guide to the differences between burglary and robbery, or visit our burglary defense page.

First-Offense Options and Diversion Programs

If this is your first offense, you may have more options than you think. Clark County offers diversion programs that allow eligible defendants to complete community service, educational courses, or restitution in exchange for having their charges dismissed.

Common first-offense outcomes a defense attorney may negotiate include:

  • Pre-trial diversion — charges are dropped after you complete program requirements
  • Plea to a reduced charge — for example, reducing a felony grand larceny to a misdemeanor trespass
  • Deferred sentencing — the judge withholds sentencing while you comply with conditions
  • Suspended sentence with probation — you serve no jail time as long as you follow probation terms


Even if you are not eligible for diversion, Nevada law allows most theft convictions to be sealed after a waiting period. Misdemeanor petit larceny can be sealed after 1 year. Category D and C felonies require a 5-year wait after discharge from probation or custody. Category B felonies also carry a 5-year waiting period (NRS 179.245). Learn more about sealing your criminal record in Nevada.

The earlier you involve a defense attorney, the more options you preserve. Evidence can disappear, witnesses’ memories fade, and plea offers have deadlines.

How Can a Theft Conviction Affect Your Life?

The penalties listed in the statute — prison, fines, restitution — are only the beginning.
A theft conviction triggers collateral consequences that can follow you for years:

Employment

Theft is a crime of dishonesty. Many employers will not hire someone with a theft conviction, especially in retail, finance, healthcare, or government positions.

Professional licensing

The Nevada State Board of Nursing, the State Bar, real estate licensing boards, and other agencies may deny or revoke licenses based on a theft conviction.

Housing

Landlords in Las Vegas routinely run criminal background checks. A felony conviction can disqualify you from most rental properties.

Immigration

Theft offenses may be classified as crimes involving moral turpitude (CIMT), which can trigger deportation proceedings, visa denial, or a bar to citizenship.

Gun rights

A felony theft conviction permanently strips your right to possess firearms under both Nevada and federal law.

Education

A felony conviction can affect your eligibility for federal student loans and scholarships.

Understanding the full scope of consequences is critical when deciding how to handle your case.
What might seem like a minor charge can have major long-term effects.

Can Theft Charges Affect Your Immigration Status?

For non-U.S. citizens, a theft conviction can be even more devastating than prison time. Under federal immigration law, many theft offenses qualify as crimes involving moral turpitude (CIMT). A single CIMT conviction within five years of admission to the United States can make you deportable.

Potential immigration consequences of a theft conviction include:

  • Deportation or removal proceedings
  • Denial of visa renewal or adjustment of status
  • Permanent inadmissibility to the United States
  • Bar to naturalization (citizenship)


De Castroverde Law Group is uniquely positioned to defend non-citizen clients because our firm handles both criminal defense and immigration law. We understand how a criminal case outcome can affect your immigration status, and we coordinate defense strategies across both areas of law. Read more about how criminal charges affect immigration and the specific consequences for non-U.S. citizens.

Important: Calling a defense attorney does not notify ICE or any immigration authority. Your consultation is protected by attorney-client privilege and is completely confidential.

Non-Citizen Facing Theft Charges?

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What Defenses Are Available for Theft Charges?

Every theft case has unique facts, and a skilled Las Vegas theft defense attorney will examine every angle to build the strongest possible defense. Common defense strategies include:

Lack of intent

You did not intend to permanently deprive the owner of their property. This is one of the most common defenses in shoplifting cases, where a person may have forgotten an item in their cart or pocket.

Mistaken identity

Surveillance footage can be blurry, and eyewitness identifications are notoriously unreliable. If the prosecution cannot prove you are the person who committed the alleged theft, the case fails.

Claim of right

You had a good-faith belief that the property belonged to you or that you had the owner’s permission to take it.

False accusation

Theft accusations sometimes stem from personal grudges, domestic disputes, or employee conflicts.

Illegal search and seizure

If police obtained evidence through an unconstitutional search (without a valid warrant or probable cause), your attorney can file a motion to suppress that evidence.

Coercion or duress

You were forced or threatened into committing the act.

Entrapment

Law enforcement induced you to commit a crime you would not otherwise have committed.

An experienced attorney can evaluate the facts of your case and determine the strongest available defense. Learn more about getting charges dismissed in Nevada.

What to Do If You Are Arrested for Theft in Las Vegas

If you or a loved one has been arrested for theft in Las Vegas, the actions you take in the first 24 to 48 hours can shape the entire outcome of your case. Follow these steps:

  • Stay calm and do not resist arrest. Resisting adds additional criminal charges and gives prosecutors more leverage.
  • Exercise your right to remain silent. Everything you say to police, jail staff, or other inmates can be used against you. Politely state: “I am exercising my right to remain silent and I want to speak with an attorney.”
  • Do not consent to searches. If officers ask to search your person, vehicle, or belongings beyond the arrest, you have the right to decline.
  • Ask for an attorney immediately. You have a constitutional right to legal representation. Use it.
  • Do not discuss the case with anyone except your lawyer. This includes phone calls from jail, which are recorded.
  • Write down everything you remember about the incident as soon as possible — times, locations, witnesses, what was said.
  • Contact De Castroverde Law Group for a free consultation. We can begin working on your defense right away.

Why Choose De Castroverde as Your Las Vegas Theft Defense Attorney?

30+ Years of Experience

Our attorneys have been defending clients in Clark County courts for more than three decades. We know the judges, the prosecutors, and the local court procedures.

Bilingual Legal Team

We provide full legal services in both English and Spanish. Every member of our staff is committed to making sure you understand your rights and your options. Hablamos Español.

Criminal Defense + Immigration

De Castroverde is one of the few firms in Las Vegas that practices both criminal defense and immigration law. If you are a non-citizen, we coordinate your defense across both areas to protect your status.

Free Consultations

We never charge for the initial consultation. Tell us what happened, and we will give you an honest assessment of your case.

Community Commitment

Founded by the De Castroverde family, our firm has deep roots in the Las Vegas community. We are not a volume practice that treats clients like numbers. Every case gets personal attention.

Multiple Locations

Offices in Las Vegas, Summerlin, Henderson, and Reno.

Frequently Asked Questions About Theft Charges in Las Vegas

The difference comes down to the value of the property. Petit larceny (NRS 205.240) involves property worth less than $1,200 and is charged as a misdemeanor. Grand larceny (NRS 205.220) involves property worth $1,200 or more and is charged as a felony. The felony category — D, C, or B — escalates with the dollar amount.

It depends on the value of the merchandise. Shoplifting items worth less than $1,200 is a misdemeanor. If the total value reaches $1,200 or more, the charge becomes a felony under Nevada’s grand larceny statute. Organized retail theft or repeat offenses can also result in enhanced charges.

Yes, in many cases. A skilled Las Vegas theft defense attorney can negotiate with prosecutors for reduced charges, diversion programs, or outright dismissal. Common outcomes include reducing a felony to a misdemeanor, completing a diversion program in exchange for dismissal, or negotiating a plea to a non-theft offense that carries fewer long-term consequences.

A theft conviction remains on your record permanently unless you petition to seal it. Under NRS 179.245, misdemeanor petit larceny can be sealed after 1 year. Felony theft convictions require a waiting period of 2 to 5 years after discharge from probation or release from custody, depending on the felony category.

Yes. Nevada allows record sealing for most theft convictions. The waiting period depends on the severity: 1 year for misdemeanors, 2 years for Category E felonies, and 5 years for Category B, C, or D felonies. A record sealing attorney can file the petition and represent you at the hearing.

It can. Theft crimes may be classified as crimes involving moral turpitude (CIMT), which can trigger deportation, visa denial, or a bar to U.S. citizenship. However, Nevada’s 364-day misdemeanor maximum means that a single misdemeanor theft conviction may not trigger the CIMT deportation ground in certain circumstances. A defense attorney with immigration knowledge is essential.

Absolutely. Even a misdemeanor theft conviction creates a permanent record that shows up on background checks. It can cost you jobs, housing, professional licenses, and more. A defense attorney may be able to get the charge reduced to a non-theft offense or dismissed entirely through a diversion program.

First-time offenders generally have more options. Clark County courts may offer diversion programs, deferred sentencing, or favorable plea agreements that keep a conviction off your record. The specific options depend on the charge level, the value involved, and whether the alleged victim is willing to cooperate with restitution.

Yes. Nevada robbery (NRS 200.380) requires force, threats, or intimidation — but does not require a weapon. Simply grabbing a purse out of someone’s hands or threatening someone to hand over their wallet qualifies as robbery, which is a Category B felony carrying 2 to 15 years. A weapon enhances the penalty with an additional consecutive sentence.

Legal fees vary based on the complexity of the case, the charge level, and whether the case goes to trial. De Castroverde Law Group offers free initial consultations so you can understand your options before committing to anything. We are transparent about fees and work with clients to find manageable payment arrangements.

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