If you have been charged with robbery in Las Vegas or surrounding areas of Nevada, you are facing serious charges. Nevada classifies robbery as a Category “B” felony. While robbery is a broadly used term to refer to a thief taking someone’s belongings, the true definition of robbery is more nuanced.
A robbery defense lawyer with De Castroverde Criminal & Immigration Lawyers can explain the differences in types of theft and outline your legal options to you. For clarity about the charges in your case, you can reach out to us for a free consultation.
What Is the Definition of Robbery in Nevada?
NRS § 200.380 defines robbery as:
“Robbery is the unlawful taking of personal property from the person of another, or in the person’s presence, against his or her will, by means of force or violence or fear of injury, immediate or future, to his or her person or property, or the person or property of a member of his or her family, or of anyone in his or her company at the time of the robbery.”
In Nevada, robbery involves using fear or force to take something from another person. Robbery is also detailed as getting and controlling possession of the property. Robbery is further defined when the person who is being robbed tries to resist or prevent the robbery, and the thief overcomes these actions. The theft is also classified as a robbery when the thief escapes the actions of the persons trying to keep their property.
Understanding Robbery Charges in Nevada
The main details that cause a theft to be classified as a robbery are violence and intimidation. If either or both are used to take property from its owner, the act is considered a robbery. In a plain robbery, verbal threats or unarmed force is used to commit the crime.
Depending on the circumstances of your case, you could also face additional robbery charges. Some of these are listed below:
Robbery with Use of a Deadly Weapon
Once the robber uses a knife, gun, or another weapon, the crime is elevated in the eyes of the state.
Aggravated Robbery Charges
If the robber used a deadly weapon for the theft and had another person assisting, the robber could face additional aggravated robbery charges.
Aggravated Robbery and Probation
An aggravated robbery conviction comes with an additional penalty. Many people facing serious criminal charges may want probation instead of severe time in prison. However, in Nevada, the possibility of probation is limited once convicted of aggravated robbery.
Conspiracy of Robbery Charges
If you agree with and plan to commit a crime, you could face conspiracy charges in Nevada. These charges would apply even if you abandoned those plans.
A criminal defense lawyer in Las Vegas can explain how the circumstances of your case may or may not incur additional charges. Each case is different, and the legal penalties can often be confusing to laypeople.
Other Forms of Theft
Robbery is a very specific charge. Other forms of theft have specific guidelines for their charges.
There are no specific carjacking laws in Nevada. Rather, several possible crimes can be applied to the term “carjacking.” Possible carjacking charges may include:
- Grand larceny
- Grand larceny auto – In Nevada, this charge is separate from grand larceny. As a Category “C” felony in Nevada, any grand larceny auto charge will immediately be considered a felony.
- Assault and battery
- Attempted murder
If the perpetrator was violent during the theft, they could also be charged with aggravated robbery. If the person assaulted the vehicle’s owner during the theft, they could face assault charges.
The circumstances of the case dictate what charges a person stealing a car in Nevada could be charged with. Our robbery defense attorney in Las Vegas can explain the nuances of these charges to you.
Burglary is defined as any person entering any physical structure including (but not limited to) a private residence, business, motor vehicle, airplane, or railroad car with the intention to commit a crime involving:
- Grand larceny
- Assault or battery
- Take money or property under false pretenses
Petit larceny, also known as petty theft, happens when a person controls another person’s property with the intention of depriving them of it. Shoplifting falls into this category.
Penalties for Robbery in Nevada
In Nevada, robbery is classified as a Category “B” felony. If convicted, a person could face between two to 15 years in prison. If the robbery involved weapons, a conviction may result in a sentence of one to 15 more years added to the regular two to 15 years for standard robbery.
Other Types of Theft
While robbery is often used to describe theft, several other kinds of theft do not specifically fit the robbery classification. Some of these additional thefts include:
When a person has their personal property suddenly and unexpectedly taken by another person, it is referred to as “sudden snatching.” This kind of theft is not considered robbery, as there is no violence or force involved. It is a sudden, quick theft, and in some cases, the victim may not be aware of the crime until after it happens.
NRS § 205.067 defines home invasion as:
A person who, by day or night, forcibly enters an inhabited dwelling without permission of the owner, resident, or lawful occupant, whether or not a person is present at the time of the entry, is guilty of invasion of the home.
If a friend, relative, or other person invited you into their home and later called the police because you refused to leave, you could not be charged with home invasion. A home invasion only occurs without the permission of the homeowner.
How Are a Home Invasion and Burglary Different?
Often, intruders are charged with robbery and home invasion charges when they break into a private residence. However, robberies and home invasions are different.
What Is a Home Invasion?
A home invasion is entering someone’s home without permission. It does not matter if the house was empty at the time of the entry. If the home is being lived in, the person breaking in can be charged with home invasion. For instance, if a man left his apartment and someone broke in after he left, the intruder could still be charged with home invasion.
What Is Burglary?
Burglaries involve someone breaking into a building. Unlike a home invasion, Burglaries are not restricted to just private residences. If an intruder breaks into a building or structure of any kind with the intent to commit a crime, they can be charged with burglary.
Possible Penalties for Robbery in Nevada
The Nevada legal system looks at robbery very harshly. A conviction carries with it a jail sentence of two to 15 years. Armed robbery adds an additional one to 15 years to the original sentence. While the additional sentence cannot exceed the original, lawmakers still impose harsh fines to dissuade the use of weapons.
Contact a Robbery Defense Lawyer in Las Vegas
Robbery charges are serious business in Nevada. If you feel you are being wrongly charged with robbery in Nevada, contact the De Castroverde Criminal & Immigration Lawyers. We have been defending clients from robbery charges for many years. Our law firm offers clear communication in a stress-free environment. As one of the first Las Vegas law firms with Spanish-speaking staff, we are proud to serve a diverse clientele.
Reach out to us as soon as you can for a free, no-obligation case evaluation. We will explain the charges you are facing and discuss the next steps you could take.