Under Nevada law, the crime of robbery is set out in NRS 200.380. Robbery is considered a serious crime of violence. A conviction for robbery comes with felony penalties and punishments. Enhanced penalties apply if it is alleged that a weapon was used during the commission of the offense (often called “armed robbery”). Related offenses include extortion, larceny from a person, assault, aiding and abetting robbery or participating in a conspiracy to commit robbery.
If you have been arrested for robbery or armed robbery then contact an experienced criminal defense attorney in Las Vegas to discuss your case. James C. Gallo is experienced in representing clients charged with the most serious violent crimes under Nevada law including robbery and armed robbery. James C. Gallo also represents clients throughout Clark County including in Las Vegas, North Las Vegas, and Henderson.
Call (702) 385-3131 to discuss your case today.
Definition of Robbery under NRS 200.380
NRS 200.380(1) defines the crime of robbery as:
"Robbery is the unlawful taking of personal property from the person of another, or in the person's presence, against his or her will, by means of force or violence or fear of injury, immediate or future, to his or her person or property, or the person or property of a member of his or her family, or of anyone in his or her company at the time of the robbery."
Under Nevada's robbery statute, the taking is by means of force or fear if force or fear is used to:
- Obtain or retain possession of the property;
- Prevent or overcome resistance to the taking; or
- Facilitate escape.
The criminal defense attorney in Nevada who defends a person charged with robbery will often pursue defenses to the robbery charge that center around a showing that the defendant was falsely accused, the defendant did not intent to take the property, or the defendant did not use force or a threat of violence during the taking.
Lesser included offenses include larceny from a person (often called “pick-pocketing). A larceny charge does not involve any allegation that force or a threat of violence was used. In many pick-pocketing cases, the alleged victim does not even know that the crime has occurred until the missing property cannot be found. Larceny from a person is a felony but the sentencing range is less at just one to ten years in prison. See NRS 205.270.
Other lesser offenses can include simple battery which is only a misdemeanor under Nevada law punishable by up to six (6) months in jail and/or a $1,000 fine. See NRS 200.481.
Elements of a Robbery Charge in Nevada
The elements of robbery include:
- an unlawful taking of personal property;
- the taking is from the person of another or in the person's presence;
- the taking is against the person's will; 4. the taking is by means of force or violence or fear of injury, immediate or future;
- the means of force, violence or fear of injury is directed at the person or property, a member of his family or anyone in his company at the time of the robbery.
Punishments for the Crime of Robbery in Nevada
The criminal offense of robbery is classified as a “category B felony” which is punishable by 2 to 15 years in prison.
Robbery with the Use of a Deadly Weapon
Under Nevada law, if the crime of robbery is committed with a deadly weapon, then the possible penalties are increased substantially. NRS 193.165 provides that the use of a deadly weapon is punishable by an additional one to fifteen years in prison. Furthermore, this additional penalty must be imposed consecutively to the original sentence for the underlying crime of robbery.
The term “deadly weapon” is defined as any object that is likely to cause "substantial bodily harm or death" if the object is used for its ordinary purpose. Under Nevada law, a deadly weapon would include a gun or firearm. In some cases, other objects that are not inherently deadly would be classified as a deadly weapon if the object can cause substantial bodily harm or death because of the way it is being used under the circumstances.
Attempted Robbery in Nevada
The criminal offense of attempted robbery is classified as a category B felony which is punishable by one to ten years in prison,
Conspiracy to Commit Robbery in Nevada
Conspiracy to commit robbery in Nevada is classified as a “category B felony” which is punishable by one (1) to then (10) years in prison.
Aiding and Abetting Robbery
In a robbery case, a person can be charged as the principal participant in the offense. A person can also be charged for “aiding and abetting” the robbery if the person helps another person who commits a robbery. Merely being presence at the scene of the robbery with knowledge that the crime is about to occur is not sufficient to prove “aiding and abetting.”
Additional Resources
Robbery Section of the LVMPD - The Robbery Section of the Las Vegas Metropolitan Police Department (LVMPD) investigates the crime of robbery, armed robbery and bomb threats involving a threat of extortion. The Robbery Section of the LVMPD also investigates the crimes of coercion, extortion, and kidnapping that are not classified as domestic violence, prostitution, or related to an allegation of sexual assault. NRS 200.380 defines the crime of robbery as the unlawful taking of personal property from the person of another, or in his presence, against his will, by means of force or violence or fear of injury, immediate or future, to his person or property, or the person or property of a member of his family, or of anyone in his company at the time of the robbery.
Unidentified Robbery Suspects in Las Vegas, NV - The Las Vegas Metropolitan Police Department shows pictures of unidentified robbery suspects on its website. Those pictures of unidentified robbery suspects in Las Vegas are usually obtained by the police from crime surveillance video. The Robbery Section of the LVMPD urges the public to contact the police with information about these cases. The Robbery Section also has press releases about robbery and armed robbery cases on its website included information on wanted suspects that have been identified.
Robbery under NRS 200.380 - Visit the website for the Nevada State Legislature to read the statutory language for crimes against the person as set out in Chapter 200. Under the laws of the State of Nevada, crimes against the person include homicide, bodily injury, mayhem, kidnapping, sexual assault and seduction, robbery, battery with intent to commit a crime, duels and challenges, false imprisonment, trafficking in persons, assault and battery, and the abuse and neglect of children.
Finding a Robbery Defense Attorney in Las Vegas, NV
If you were charged with robbery or armed robbery in Clark County, NV, then you should contact an experienced criminal defense attorney in Las Vegas. James C. Gallo is experienced in fighting very serious violent felony charges in Las Vegas and throughout Clark County, including North Las Vegas, and Henderson.
At the Gallo Law Office we are also experienced in representing clients charged with types of felony cases such as grand theft, extortion, and burglary. Call (702) 385-3131 to discuss your case today.