When a person willfully steals, takes, or picks up and walks away with any store property he or she could be arrested for shoplifting and a Las Vegas theft defense attorney in Las Vegas knows the various repercussions. In legal terms, shoplifting is referred to as larceny.
Penalties for a larceny charge vary depending on the value of the stolen property. Stolen property valued at less than $1200 is classified as petty larceny and is a misdemeanor offense (NRS 205.240). Property valued at $1200 or more is grand larceny and a felony offense.
Shoplifting Penalties in Nevada
Consequences for shoplifting in Las Vegas depend upon whether the defendant committed petty larceny (theft of property with a value less than $1200) or grand larceny (theft of property with a value greater than $1200). If you are convicted of larceny in Nevada, you could face the following penalties according to NRS 205.220:
#1. Petty Larceny of Property Valued at $1200 or Less (Misdemeanor)
- Restitution of stolen property
- Maximum fines of $1,000 and/or incarceration in county jail for up to 6 months
#2. Grand Larceny of Property Valued Between $1200 and $5,000 (Category D Felony)
- Restitution of stolen property
- Maximum fines of $5,000
- Incarceration in state prison for 1 to four years
#3. Grand Larceny of Property Valued Between $5000 and $25,000 (Category C Felony)
- Restitution of stolen property
- Maximum fines of $10,000
- Incarceration in state prison for 1 to 5 years
#4. Grand Larceny of Property Valued Between $25,000 and $100,000+ (Category B Felony)
- Restitution of stolen property
- Maximum fines of $15,000
- Incarceration in state prison for 1 to 20 years
A Las Vegas criminal defense attorney from our firm can represent you immediately. At De Castroverde Law Group, our Las Vegas shoplifting lawyers are well-versed and extremely experienced in representing clients who are accused of shoplifting or other theft crimes in Las Vegas.
Defenses Against Shoplifting Charges
Our Las Vegas criminal defense team can defend your case in several ways, depending on the specific factors involved. Some of the possible defenses we can use against your retail theft charges include:
- You Owned the Property: In some cases, the accuser mistakes property that belonged to the defendant as their own.
- Mistaken Identity: The accuser may have mistaken the defendant for the real thief in the heat of the moment, either because the defendant was in the vicinity when the alleged theft occurred or because the defendant has similar physical characteristics.
- Lack of Intent: The prosecution must prove beyond a reasonable doubt that the defendant was planning to steal the property from its rightful owner, not that the defendant accidentally left the store with the item because they forgot to pay.
- There Was No Taking: This means that you did not take any property from any store, mall, or another place of business with the intent to permanently deprive the owner of its possession. If the prosecution cannot prove this element beyond a reasonable doubt, then all charges should be dismissed.
Whatever your situation is, we know what actions to take to protect your rights. Our theft defense lawyers in Las Vegas are ready to move into action for your defense.
How Can a Las Vegas Criminal Defense Lawyer Help?
You can call our firm to hire an attorney right after being arrested for shoplifting in Las Vegas, even if the charges seem minor. It can help to get legal representation to help protect your rights and ensure that justice is served. Our attorneys offer free initial consultations so that clients can get answers to their questions before hiring us to take on the case.
Your Las Vegas criminal defense attorney can do the following:
#1. Negotiate a Reduced Charge or Sentence
If charges have already been filed against you, a lawyer could work with prosecutors to reduce charges from felonies to misdemeanors based on various factors. They can even recommend alternatives to incarceration like probation or community service.
#2. Investigate the Case for Weaknesses
A lawyer can investigate every aspect of your case and look for weaknesses or errors that could lead to a dismissal or reduced charge. Even if there isn’t much room for negotiation with prosecutors, knowing all the facts about your case could make it easier to challenge it in court and potentially get it thrown out.
#3. Challenge Evidence Against You
If you are charged with shoplifting, your Nevada criminal defense lawyer can challenge the evidence after being charged. This can include challenging police searches that may have violated constitutional protections against unreasonable searches and seizures or challenging the admissibility of certain pieces of evidence. If the prosecution can’t prove their case beyond a reasonable doubt, your charges may be dropped altogether.
#4. Preparing for Trial if Necessary
If your case goes to trial, your lawyer can review all documents about your case, talk with witnesses who will testify on your behalf (if applicable), and make arguments during opening statements and closing arguments about why the jury should find you not guilty of the shoplifting charges.
#5. Negotiate With Prosecutors on Your Behalf
A Las Vegas criminal defense lawyer can go over your case details and determine if there are any legal options available for reducing or dismissing charges before they start mounting up against you. They might even be able to get charges completely dropped by working with prosecutors or police officers on your behalf.
Arrested for Shoplifting In Las Vegas?
An arrest for shoplifting can be an extremely humiliating and frightening experience. If this is your first encounter with the criminal justice system, or you were arrested while visiting Las Vegas, you are probably confused and unsure of what to do. Any person charged with shoplifting can expect little to no leniency, and you could be facing extremely heavy penalties if you are convicted. If our Las Vegas shoplifting lawyer gets involved at once, we may be able to work out a solution that allows you to avoid criminal charges. If you are already charged, we know what to do.
Our Las Vegas shoplifting attorneys at De Castroverde Law Group represent those who are facing criminal accusations of shoplifting, and we employ innovative and creative defense techniques to help our clients to avoid conviction. We are on your side, and ready to fight. Call now.