1. What is robbery?

NRS 200.380 defines robbery as unlawfully taking property from someone in their presence. The robber uses force, violence, or fear of injury on either:

• The victim,
• The victim’s family, or
• Anyone in the victim’s company at the time

The “fear of injury” can be immediate or in the future. The “force” can be slight or injurious. It does not matter whether the force, violence, or fear of injury is used to:

• Obtain or retain possession of the property;
• Prevent or overcome resistance to the stealing; or
• Facilitate the robber’s escape¹

Note that robbery is a separate crime from burglary (NRS 205.060). Burglary is entering a building or vehicle with the intent to commit a crime inside. Unlike robbery, burglary does not require force, threats, other people, or stealing. (Although many burglaries do involve theft.)

Also, note that robbery is a more serious crime than larceny (NRS 205.220). Larceny is an unlawful taking of property not using force or threats. A common example of larceny is shoplifting.

So, while robbery is a crime against a person, burglary and larceny are crimes against property.

2. What are the penalties?

Robbery without tear gas or a deadly weapon carries 2 to 15 years in Nevada State Prison. The judge may grant probation or a suspended sentence.

Robbery with tear gas or deadly weapon – called aggravated robbery or armed robbery – carries an additional sentence of 1 to 15 years. This sentence must run consecutively – not concurrently – with the underlying sentence. Plus the judge may not grant probation or a suspended sentence.

“Deadly weapons” include any object that could be used to cause death. Examples are:

• Firearms, such as pistols, revolvers, rifles, and shotguns
• Knives, such as dirks, daggers, machetes, and switchblades
• Nunchucks
• Throwing stars
• Pipes
• Bricks
• Broken glass
• Explosives

When determining the length of the additional sentence, judges consider the following five factors:

1. The facts and circumstances of the case;
2. Your criminal history (if any);
3. How the robbery impacted the victim (such as post-traumatic stress);
4. Any mitigating factors (facts that make you less blameworthy, such as having a rough childhood); and
5. Any other relevant information

Note that it is not necessary that you wave around or fire the weapon to get this enhanced sentence. Merely having a knife or gun in a belt holster is sufficient as long as the victim knows it is there.

Example: Jerry is a cashier at a 7-Eleven. Suddenly a man appears and demands all the cash. Jerry then sees that the man has a gun on his belt. Here, the man could face robbery charges with an enhanced sentence. Even though the man did not hold up the gun, Jerry could see it. Plus it contributed to the “force or fear” that Jerry felt.

Had the robber in the above example had a gun in his pocket that Jerry could not see, then the defense attorney can argue that the judge should not impose an enhanced sentence. Having a deadly weapon is not the same as using it.²

Learn more about using a deadly weapon in the commission of a felony (NRS 193.165).

Attempted robbery

Attempted robbery is trying – and failing – to steal through violence, force, or fear of injury.

Attempted robbery is also a category B felony, though the penalty range is 1 to 10 years in prison. Plus if you used a weapon, the enhanced sentence can be no more than 10 additional years.³

3. What are common defenses to robbery?

Three common defenses that may get robbery charges reduced or dismissed are:

1. You were misidentified
2. You used no force or fear of injury
3. You did not take – or try to take – anything

Another possible defense in most criminal cases is that the police committed misconduct. If the police found evidence through an illegal search, you can ask the court to disregard (“suppress“) it. Then the D.A. may be left with too little evidence to prosecute.

You were misidentified

Many robbers wear masks and gloves, and robberies often occur quickly. Therefore, victims may be unable to accurately describe the culprit or pick the culprit out of a lineup.

Even if there is surveillance video, it may be too grainy to make a positive ID.

Prosecutors have the burden to prove you guilty beyond a reasonable doubt. If defense attorneys can raise this doubt by arguing misidentification, the charge should be dismissed.

You used no force or fear of injury

A key element of NRS 200.380 charges is that you use force or fear to steal. Simply pick-pocketing without the victim’s knowledge is a less serious offense.

Example: Helen’s phone goes missing from her purse. She uses the “find my phone” feature and traces it to Floyd Lamb Park. There, she sees the waiter who served her earlier playing on Helen’s stolen phone. Helen calls the police and tells them the waiter robbed her.

The police arrest the waiter for robbery. Though the waiter explains he snatched the phone when Helen was not looking. Video from the restaurant confirms this. So the D.A. reduces the charge to larceny from a person (NRS 205.270). This carries lesser penalties than robbery.

Many people use the words “rob” and “steal” interchangeably. Though robbery is more serious because it involves threats or violence.

You did not take – or try to take – anything

Another key element of NRS 200.380 charges is that you steal – or attempt to steal. Simply scaring someone is not robbery if there was no taking.

Example: One night Max accosts a woman in downtown Las Vegas and holds up his fist at her. The woman immediately holds out her purse and tells him to take anything he wants. Max then walks away without taking anything.

The woman calls the police, who then arrest Max for attempted robbery. Though Max’s attorney explains to the D.A. that he never demanded her purse or tried to take it. Max just wanted to give her a scare. The D.A. then reduces the charge to simple assault (NRS 200.471), which is only a misdemeanor.

Had Max, in the above example, ended up taking the purse, then he probably could have been convicted of robbery. It would not matter that he originally did not intend to steal anything.⁴

4. What are the immigration consequences?

Robbery can be a deportable offense.⁵ Therefore, non-citizens facing robbery charges should consult with an attorney immediately. The attorney may be able to broker a plea bargain where the charge gets reduced to a non-deportable crime.

5. Can the record be sealed?

Nevada robbery convictions must remain on your records for 10 years. After that, you can pursue a record seal.

Robbery cases that get dismissed may be sealed immediately.⁶ Though the process can take months. Learn how to seal Nevada criminal records.

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Legal References