Nevada theft charges carry serious consequences, including fines, restitution, and incarceration. And even if you get away with paying only a fine, your marred criminal record could keep you from getting a job in the future.
Our theft attorneys in Las Vegas fight the prosecutors in pursuit of significant charge reductions and dismissals. And we can usually achieve a winning scenario without a trial.
1. What are the penalties for theft in Nevada?
The value of the allegedly stolen items determines the punishments for petty larceny, grand larceny, and embezzlement:
| Value of stolen property/cash | Nevada sentence |
|---|---|
| Less than $1,200 | Misdemeanor:
|
| $1,200 to less than $5,000 | Category D felony
|
| $5,000 to less than $25,000 | Category C felony
|
| $25,000 to less than $100,000 | Category B felony
|
| $100,000 or more | Category B felony
|
Note that a first-time offense of motor vehicle theft is a category C felony no matter the car’s worth. The penalties are 1 to 5 years in prison, restitution, and possibly up to $10,000 in fines. (Subsequent auto theft convictions are category B felonies, carrying 1 to 6 years in prison.)2
Also note that gun theft is always a category B felony in Nevada no matter the gun’s worth. The sentence is 1 to 10 years in prison, restitution, and up to $10,000 in fines.3
Meanwhile, pick-pocketing (“larceny from a person”) is always a category C felony, punishable by 1 to 5 years in prison, restitution, and possibly up to $10,000 in fines.4 Robbery is always a category B felony, carrying 2 to 15 years in prison (though the sentence can be doubled for armed robbery).5
Burglary is always a felony. But the penalties depend on whether it occurred in a residence, business, other structure, or a motor vehicle.6
Finally, mail theft is always a category D felony, carrying 1 to 4 years in prison, up to $5,000 in fines, plus restitution.7
Shoplifting is charged as petit- or grand larceny depending on whether the items’ value is $1,200 or more.
2. Can theft charges be dismissed?
Possibly. Five common defenses that Las Vegas theft lawyers use to fight larceny charges are:
- You lacked the intent to steal (such as simply forgetting to pay at the register, or you were merely borrowing the property).
- You owned the property, so you cannot possibly have stolen it.
- You were falsely accused.
- You were wrongly chosen out of a lineup.
- The police found the property through an illegal search.
Or if you can show that the value of the property was less than $1,200, the prosecutor should reduce the charges from grand larceny to petty larceny.
Meanwhile, a common defense to robbery charges is that you used no force or threats on the alleged victim. And a common defense to burglary charges is that you had no intent to commit larceny (or any other crime) prior to entering the building or car.
Typical evidence in theft cases includes surveillance video, eyewitness accounts, receipts, and recorded communications (such as text messages, etc., that may show intent). Our theft attorneys in Las Vegas can also impeach the credibility of any accusers to show their unreliability or motivation to lie.
3. Can theft be sealed from my criminal record?
If our Las Vegas theft lawyers can get your charges dismissed, then we can pursue a record seal right away. Otherwise, there is a mandatory wait time before record sealing is possible:
| Nevada theft conviction | Record sealing waiting period |
|---|---|
| Misdemeanor theft | 1 year after the case closes |
| Category B, C, and D felony theft (except burglary of a residence and robbery) | 5 years after the case closes |
| Burglary of a residence and robbery | 10 years after the case closes8 |
4. Do I need an attorney?
Relying on an experienced Las Vegas theft lawyer gives you the greatest odds of having the charges reduced to a lesser charge or dismissed. Our legal team takes the following steps for each client:
- We investigate the case in search of all the available evidence that indicates you may be innocent (such as videos or phone GPS records). We also comb through the state’s evidence in an effort to show it is inaccurate or too problematic to carry weight.
- We set up case conferences with the prosecutors to reach a favorable resolution without a trial. We show them all the “weak links” in their case to convince them that they would be unable to prove guilt beyond a reasonable doubt should the case reach trial. Ninety-nine percent of the time, we can settle without litigation.
- In the unlikely event we cannot achieve a charge reduction or dismissal, we will present the best case possible to a jury in pursuit of a full acquittal of the charges.
In practice, prosecutors are much less likely to agree to reduce or dismiss charges in cases where the defendant is not represented by private counsel.
By lawyering up with an experienced theft attorney in Las Vegas, you are showing the D.A. that you refuse to take a bad plea just to put the case behind you. Having strong Nevada criminal defense lawyers shows prosecutors that you intend to fight for the best outcome possible in your case.
See our related article, When is “theft” charged as a felony in Nevada? and Nevada Theft Laws – 5 that are most common.
For legal advice contact our Las Vegas theft attorneys.
Legal References
- NRS 205.220. NRS 205.240. NRS 205.275. NRS 205.0832(d). NRS 205.300. See also Martinez v. State, (1999) 115 Nev. 9, 12-13, 974 P.2d 133, 135.
- NRS 205.228. Doolin v. State Dep’t of Corr. (2018) 440 P.3d 53, 134 Nev. Adv. Rep. 98.
- NRS 205.226.
- NRS 205.270.
- NRS 200.380.
- NRS 205.060.
- NRS 205.___. AB 272 (2023).
- NRS 179.245. NRS 179.255.