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Grand Larceny in Nevada: What Is It, Penalties, and Other FAQs

Grand Larceny is a serious criminal offense in Nevada, holding severe consequences for those convicted. This comprehensive guide covers everything you need to know about Grand Larceny in Nevada, including its definition, penalties, defenses, and frequently asked questions. By understanding the ins and outs of this crime, you can better protect yourself and your rights.

If you, or someone you know, is facing grand larceny charges in Nevada, it is important to seek legal advice. An experienced criminal defense attorney can review your case and create a strategy to help you fight the charges against you. With proper legal representation, you may be able to reduce or dismiss the penalties associated with grand larceny.

The Defenders provides legal representation services in Nevada to those accused of grand larceny and other criminal offenses. Our team of knowledgeable attorneys is prepared to help you understand the charges, explore your options, and develop a defense strategy that works best for your case. Call us today at (702) 333-3333 to see how we can help.

What Is Grand Larceny?

According to NRS 205.220, Grand Larceny is the intentional act of stealing someone else’s property valued at $1,200 or more. Stealing is defined as taking property that belongs to another person or entity without the owner’s permission. Larceny is a specific type of theft that involves stealing someone’s personal property and is considered a felony. Common examples of grand larceny include:

  • Shoplifting
  • Stealing furniture from a hotel room
  • Taking someone else’s farm animals
  • Using an ATM to withdraw someone else’s money without permission

Penalties for Grand Larceny

The penalties for grand larceny in Nevada vary depending on the value of the property stolen. The punishments are divided into categories based on the property’s worth, as follows:

Category D Felony

If the stolen property is valued between $1,200-$5,000, it is considered a category D felony, punishable by:

  • 1 to 4 years in Nevada State Prison
  • Restitution payments
  • A fine of up to $5,000

Category C Felony

If the stolen property’s value ranges from $5,000-$25,000, it is considered a category C felony, with penalties including:

  • 1 to 5 years in Nevada State Prison
  • Restitution payments
  • A fine of up to $10,000

Category B Felony

When the value of the stolen property is between $25,000-$100,000, it is considered a category B felony, and the punishments consist of:

  • 1 to 10 years in Nevada State Prison
  • Restitution payments
  • A fine of $10,000

If the stolen property is worth $100,000 or more, it is considered a category B felony, with penalties including:

  • 1 to 20 years in Nevada State Prison
  • Restitution payments
  • A fine of $15,000

Can I Seal My Records If I’m Convicted of Grand Larceny

Defendants convicted of grand larceny must wait at least five years after their case is closed to have their criminal record sealed.

For example, if you’ve been convicted and given a sentence of 4 years in prison, you need to wait at least 5 more years before you can petition to seal your record. If your sentence was longer then, obviously you must wait until the end of your sentence before filing a petition.

The court may grant the petition or deny it depending on the circumstances of each case.

In addition to waiting five years after their conviction, defendants must also meet several other requirements so it’s highly recommended that you talk to an experienced criminal defense attorney to discuss the best course of action for your case.

 

Common Defenses for Grand Larceny

There are possible defense strategies for someone accused of grand larceny, that could get their charges reduced or even dismissed. These strategic defense include:

The defendant owned the property they were accused of stealing.

Asserting that the defendant legally owned the property they were accused of stealing can be a strong defense against grand larceny charges. By providing documentation or testimony to prove ownership, the defendant may be able to convince the court that there was no criminal intent, leading to a dismissal or reduction of charges.

The property was worth less than $1,200

If the defense can establish that the value of the stolen property falls below the $1,200 threshold for grand larceny, the charges may be reduced to petit larceny, a lesser offense with less severe penalties. This defense requires presenting evidence, such as receipts or expert appraisals, to support the lower valuation.

The defendant had no intent to steal

Demonstrating that the defendant had no intent to steal the property in question can be a powerful defense. This strategy involves showing that the defendant’s actions were based on a misunderstanding or miscommunication, rather than a deliberate attempt to take someone else’s property. Testimony from witnesses or other evidence supporting this claim may help in reducing or dismissing the charges.

The police obtained the evidence by violating the Nevada Search and Seizure Laws

If the police obtained evidence through an unlawful search or seizure, the defense can argue that this evidence should be excluded from the trial. By proving that the authorities violated the defendant’s constitutional rights, the defense may succeed in suppressing crucial evidence, which could lead to the dismissal or reduction of the grand larceny charges.

Although it may be hard to defend Grand Larceny, if the prosecutor has insufficient evidence to prove guilt beyond a reasonable doubt, there should be no criminal charges. Defendants with a clean criminal record and paying the full restitution amount have the greatest chances to have their grand larceny case reduced to a misdemeanor, or even dismissed.

Grand Larceny of a Motor Vehicle

NRS 205.228 defines Grand Larceny of a motor vehicle as intentionally stealing and driving away with someone else’s vehicle.

Motor vehicle theft can take various forms, including:

  • Breaking into a motor vehicle by hotwiring while the owner is gone
  • Having access to the car keys and stealing the vehicle
  • Agreeing to buy a car but driving off without payment
  • Stealing a car temporarily entrusted for work
  • Failing to return a rental car

Penalties for Grand Larceny of a Motor Vehicle

A first-time offense for motor vehicle grand larceny is prosecuted as a category C felony, with penalties including:

  • 1 to 5 years in Nevada State Prison
  • Restitution for the value of the motor vehicle
  • A fine of up to $10,000

However, a second offense within a five-year period is prosecuted as a category B felony, punishable by:

  • 1 to 6 years in Nevada State Prison
  • Restitution for the value of the motor vehicle
  • An additional fine of up to $5,000

Reducing or dismissing motor vehicle theft charges can be an uphill battle, but it’s not impossible. It requires presenting sufficient evidence to secure a positive result. Such evidence may include any relevant witness statements, surveillance footage, or any other supporting documentation that strengthens your defense. With the right legal strategies and evidence on hand, it’s possible to successfully dispute such charges.

Related Theft Crimes

In addition to grand larceny, there are various theft crimes you can be charges with:

Petit Larceny

Petit Larceny is the theft of property valued at less than $1,200. It is considered a misdemeanor and carries penalties such as:

  • Up to six months in jail
  • A fine of up to $1,000
  • Restitution payments

Embezzlement

Embezzlement occurs when a person entrusted with someone else’s property steals or misappropriates it for their own benefit. The penalties for embezzlement depend on the property’s value and are similar to those for grand larceny.

For example, not returning a rental car could lead to an embezzlement charge.

Burglary

Burglary involves entering a building or occupied structure with the intent to commit a crime, such as theft, inside. Penalties for burglary can range from 1 to 20 years in Nevada State Prison, depending on the specific circumstances.

Facing Grand Larceny Charges

Grand Larceny in Nevada is a severe crime with potentially life-altering consequences. If you are facing larceny or theft charges, it is crucial to consult with an experienced legal team to discuss your options. Attorneys with a background in criminal defense, such as those at The Defenders, have the knowledge and expertise necessary to navigate the complexities of the legal system and aggressively advocate for your rights.

The Defenders Criminal Defense Attorneys - Best of Las Vegas Gold WinnerFrequently Asked Questions

What constitutes grand larceny in Nevada?

Grand larceny in Nevada involves the intentional theft of property valued at $1,200 or more without the owner’s permission. This crime is considered a felony and carries significant penalties, making it essential to understand the charges, consequences, and possible defenses.

Can Grand Larceny charges be reduced?

Yes, grand larceny charges can be reduced or dismissed with the help of a skilled attorney who can present a strong defense. Factors that may influence the outcome include the defendant’s criminal history, the property’s value, and the strength of the prosecution’s evidence.

What is the statute of limitations for Grand Larceny in Nevada?

The statute of limitations for grand larceny in Nevada is four years from the date of the alleged offense.

What is the difference between Grand Larceny and Petit Larceny?

The primary difference between grand larceny and petit larceny is the value of the stolen property. Grand Larceny involves property valued at 1,200.

How does Nevada determine the value of stolen property for grand larceny charges?

Nevada law requires that the value of the stolen property be determined by its fair market value at the time of the theft. Evidence such as receipts, appraisals, or expert testimony may be used to establish the property’s value.

What are the penalties for grand larceny in Nevada?

The penalties for grand larceny in Nevada depend on the value of the stolen property, with higher values resulting in more severe penalties. These penalties can include substantial fines, prison sentences ranging from 1 to 20 years, restitution payments, and potential loss of civil rights.