Under Nevada law, taking property that does not belong to you is always unlawful. In some cases, the theft of money or other property will be considered a property crime or a fraud offense. While you can face serious penalties for these crimes, the consequences will largely be centered around the amount of assets taken and the method used to commit the crime.
There is one specific offense that involves taking, or attempting to take, property that is treated differently under Nevada law. That offense is robbery. Robbery is not just considered to be a property or a fraud crime. It is found in Chapter 200 of Title 15 of Nevada’s criminal code because it is considered to be a crime against a person.
Crimes against persons are some of the most serious offenses under the laws in the state of Nevada because there is a victim who is harmed as a result of the crime. You can face harsh penalties for crimes against persons, including robbery offenses, and you need to make certain that you understand the stakes and take the right steps when you have been accused of offenses in violation of Chapter 200 of Title 15.
LV Criminal Defense has provided representation to many defendants throughout the state of Nevada who have been accused of crimes against persons. We know the laws in Chapter 200 very well and we can work with clients to find the best approach to dealing with charges that could have very serious consequences if a defendant is convicted. From the start of an investigation until the end of your case, we will advocate for you, advise you and fight for you to try to ensure that accusations of robbery do not derail your future.
To find out more about how our Las Vegas criminal defense team can provide you with help in fighting robbery charges, you should give us a call as soon as you are under suspicion or after you have been arrested. We can provide personalized advice on fighting for an acquittal or negotiating a plea deal.
Robbery is a separate subsection within Chapter 200, along with other subsections for categories of crimes including murder and mayhem. The robbery section of Chapter 200 contains one key statute: Nevada Revised Statute section 200.380.
Nevada Revised Statute section 200.380 defines the offense of robbery. Robbery includes:
• The unlawful taking of personal property
• Directly from someone’s person or in the presence of another person
• Against the will of the person
• By using force, violence, or causing fear of injury or damage to property.
The offense can be committed if the defendant accused of robbery used force or violence against the person from whom the property was taken, or used force or violence against any member of the person’s family or anyone who was present at the time of the robbery. It can also be committed if the defendant used fear or made threats against any person present or any family member of the person from whom the property was taken.
The law also makes clear that a prosecutor can satisfy the requirement of proving that force was used in the taking if the defendant used force to obtain possession of the property, to retain possession of the property, to prevent resistance to the property being taken, to overcome resistance to the property being taken, or to facilitate escape.
For purposes of determining if a robbery offense was committed in Nevada, the degree of force that was used by the defendant does not matter. A taking of property can be considered robbery in any situation where there was any force at all involved.
A defendant can also be charged with robbery even if the person who the property was taken from was unaware of the taking in circumstances where that person was prevented from knowing about the taking by the use of force or fear.
A prosecutor has the burden of proving every element of the crime, including that force or some type of threat was used. If a prosecutor is able to meet the burden of proof and the defendant is thus convicted of committing a robbery offense, the defendant can be convicted of a Category B felony.
Felony offenses are very serious in Nevada because not only does the penalty typically involve jail time, but a defendant will also be left with a felony record and this can affect the defendant’s rights going forward. In the case of a conviction for robbery, the defendant also faces a minimum of two years imprisonment in state prison according to N.R.S. 200.380. Mandatory minimum sentences mean that, even if there are mitigating circumstances, the defendant must be sentenced to at least that two years of incarceration. The statute also makes clear that a defendant could be sentenced to much more than two years of incarceration. The maximum prison term for a defendant who is convicted of robbery is 15 years of imprisonment.
Because robbery carries a mandatory minimum prison sentence, conviction for this offense means that you will be incarcerated. Since your very freedom is at stake, it is important that you are represented by a Las Vegas criminal defense lawyer who you can count on to fight aggressively for your legal rights.
LV Criminal Defense can stand up for your rights as you navigate the criminal justice system. We can advise you during an investigation, help you to determine how to plead based on the nature of the evidence against you, and represent you either during a plea negotiation to try to reduce penalties or while fighting for an acquittal in court. To learn more about how our Las Vegas criminal defense lawyers can help you to try to fight for the best possible outcome when you are facing robbery charges, give us a call today.