Theft may be a misdemeanor or a felony depending on the facts and circumstances of the crime. A “theft” occurs if a person knowingly takes the property of another with the intent to permanently deprive that person of his or her property. A “theft” also occurs if a person misappropriates or does not compensate another person for intangible property or services. Theft does not involve the use of force or violence to obtain the property or services, but may include the following actions: (1) controlling the property of another person with the intent to deprive that person of the property; (2) making an unauthorized transfer of property if the offender was entrusted with the property; (3) obtaining property or services through fraud or misrepresentation with no intent to pay for the property or services; (4) receiving property by mistake and failing to make reasonable efforts to notify the true owner of the property or by keeping the property knowing that it was intended for another person; (5) possessing the property of another person that the offender knew or had reason to know was stolen; (6) destroying or concealing another person’s property; or (7) writing a bad check if the offender knew that there were insufficient funds to pay for the property or services.

A misdemeanor or felony conviction for theft may result in consequences for some jobs, such as the revocation of some professional licenses. A conviction may also result in deportation or removal if the person is not a United States citizen. It is important to hire a knowledgeable criminal defense attorney to navigate these consequences and find weaknesses in prosecuting attorney's case. An experienced criminal defense attorney may also discover witnesses or evidence that the police missed. VASEK LAW can help you.

PENALTIES

If the Value of the Property is Less Than $650, the person may be charged with a Misdemeanor and punished by up to six (6) months in jail and a fine not to exceed $1,000. If convicted, the court may order the person to pay restitution. (NRS 193.130, NRS 205.0835)

If the Value of the Property is Greater Than $650 but Less Than $3,500, the person may be charged with a Category C Felony and punished by up to one (1) to five (5) years in prison and a fine not to exceed $10,000. If convicted, the court may order the person to pay restitution. (NRS 193.130, NRS 205.0835)

If the Value of the Property is Greater Than $3,500, the person may be charged with a Category B Felony and punished by one (1) to ten (10) years in prison and a fine not to exceed $10,000. If convicted, the court may order the person to pay restitution. (NRS 205.0835)

LARCENY

While “theft” is defined broadly in the State of Nevada and includes the unlawful taking of both tangible or intangible property or services, larceny is merely the unlawful taking of personal property, goods, motor vehicles, or animals from another person with the intent to permanently deprive that person of the property. A common example of larceny is “shoplifting,” such as a person entering a store and intentionally taking merchandise from the store without paying for it. Now, depending on the value of the property, a larceny may be charged as either a Misdemeanor (petit larceny) or a felony (grand larceny). Petit larceny involves the theft of property with a value of less than $650. Grand larceny involves the theft of property with a value greater than $650. Furthermore, if the person steals multiple items, Nevada law permits the prosecuting attorney to “aggregate” or add the value of the items together. For example, if several less expensive items have an aggregate value of greater than $650, the person may be charged with a single grand larceny, which carries a much greater penalty.

A misdemeanor or felony conviction for larceny may result in consequences for some jobs, such as the revocation of some professional licenses. A conviction may also result in deportation or removal if the person is not a United States citizen. It is important to hire a knowledgeable criminal defense attorney to navigate these consequences and find weaknesses in prosecuting attorney's case. An experienced criminal defense attorney may also discover witnesses or evidence that the police missed. VASEK LAW can help you.

PENALTIES

Petit larceny, which involves the value of property less than $650, is charged as a misdemeanor and is punishable by up to six (6) months in prison and/or a $1,000 fine. (NRS 193.130, NRS 205.240)

Grand larceny involving the value of property less than $3,500 is charged as a Category C Felony and is punishable by one (1) to five (5) years in prison and a fine of up to $10,000. If the value of the property is greater than $3,500, the offense is charged as a Category B Felony and is punishable by one (1) to ten (10) years in prison and a fine up to $10,000. If a firearm is stolen, it is charged as a Category B Felony, regardless of the actual value of the firearm. (NRS 193.130, NRS 205.222, NRS 205.226)

GRAND LARCENY OF MOTOR VEHICLE

Grand Larceny of a Motor Vehicle, more commonly known as grand theft auto, is defined as intentionally stealing or driving away a motor vehicle owned by another person without his or her permission. A motor vehicle is defined as any vehicle which is self-propelled and can be used by a person as transportation, but usually refers to automobiles. Grand larceny of a motor vehicle can involve scenarios where a person takes a vehicle from the owner without his or her knowledge and also where a person who has temporary permission from the owner to use a vehicle but fails to return it.

PENALTIES

Grand Larceny of a Motor Vehicle is a Category C Felony and is punishable by one (1) to five (5) years in prison and a fine up to $10,000. If the prosecutor is able to show that the motor vehicle involved in the crime is worth $3,500 or more, the charge is a Category B Felony and is punishable by one (1) to ten (10) years in prison and a fine up to $10,000. (NRS 205.228, NRS 193.190 NRS 482.075)

BURGLARY

Burglary is defined as entering any home, store, or building with the intent to commit larceny, assault or battery, or to commit any felony. A crime does not have to have actually been committed but was intended when a person entered the premises. A burglary does not need to include any forced entry and a person can be charged with burglary even if, absent the intended crime, he or she was lawfully able to enter the premises. The intent to commit a crime must exist prior to a person entering the premises. If, the requisite intent to commit a crime develops after the entrance onto the premises, the offense would not be charged as a burglary. For example, an offense would be charged as a battery if, while at a friend’s house, a person was involved in a fistfight. However, if the person went over to a friend’s house with the intent to engage in a fistfight, the charge would be a burglary.

PENALTIES

Burglary is a Category B Felony and is punishable by one (1) to ten (10) years in prison and a fine up to $10,000. If a firearm is in possession of the offender during the burglary, the penalty is punishable by two (2) to fifteen (15) years in prison and a fine of up to $10,000. A person that has been previously convicted of burglary cannot be released on probation or be granted as suspended sentence. (NRS 205.060)

ROBBERY

Robbery is a crime against the person and involves the use of force or violence. Robbery is defined as the unlawful taking of personal property from another person through the use of force or violence or through the threat of force or violence against that person, his or her property, his or her family or anyone in his or her company. The amount is immaterial and therefore the mere threat of physical harm is sufficient.

Robbery is different from “larceny” because robbery involves the use of force or threat of force. For example, if a person walks into a convenience store and slips a pack of gum in his or her pocket without anyone noticing, this is a Misdemeanor petit larceny. However, if the person—while taking the pack of gum—is approached by a employee of the convenience store and proceeds to use force or the threat of force against the employee in order to escape, this is felony robbery.

PENALTIES

Robbery is a Category B Felony and is punishable by two (2) to fifteen (15) years in prison. If a firearm or other deadly weapon is used during the crime, an additional penalty of one (1) to twenty (20) years may be added. (NRS 200.380, NRS 193.165)

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Vasek Law, PLLC, Attorneys, Henderson, NV