In the state of Nevada, grand larceny is a major criminal theft offense with serious consequences if convicted. With a vibrant nightlife and a gigantic amount of tourists visiting every year, grand larceny is a common criminal charge we see at the Spartacus Law Firm. Although grand larceny may be described as another form of burglary or robbery, the penalties for grand larceny penalties can be much more severe. Grand larceny is a felony charge and is classified as a “crime of trust,” meaning that you have intentionally acted in a dishonest manner. A felony has many consequences such as being banned from voting, running for office, receiving government assistance, and more. As a crime of trust, a grand larceny charge in Nevada has the potential to keep you from getting your dream job when your potential employer sees a felony conviction on your permanent criminal record. To make certain you are doing everything you can to keep this from becoming a major issue that negatively impacts your life, it’s crucial to contact a Las Vegas grand larceny attorney as soon as possible. The Spartacus Law Firm represents these cases often and has the experience you need for a favorable outcome in your case. Call us today for a free consultation and to learn more about how we can help.
According to NRS 205.220
, grand larceny is defined as “Intentionally steals, takes and carries away, leads away, or drives away: Personal goods or property, with a value of $650 or more, owned by another person.” In Las Vegas, some of the more common types of grand larceny involve stealing, taking, leading away, or driving away another person’s property without his or her consent. For a grand larceny charge in Las Vegas, the value of the property must be over $650, otherwise, it may be considered petit larceny instead. Nevada law also specifies certain behavior that can also result in a grand larceny charge, for example:
• Removing property from a hotel room
• Improperly using a debit or ATM card to take money belonging to another person
• Luring away or preventing identification of livestock
• Stealing domesticated animals and pets
• Theft of scrap metal or utility property over a 90 day period
For all of these activities, the value of the property must be more than $650 for an individual to face grand larceny charges in Las Vegas. However, if the property is worth less than $250, the individual would be more likely to face petit larceny charges in Las Vegas.
There are plenty of instances that can justify grand larceny charges in Las Vegas. The most obvious and common cause occurs when a suspect breaks into and steals someone else’s vehicle, commonly referred to as grand larceny of a motor vehicle under NRS 205.228
. Another instance of grand larceny could be if you rented a car for work but continued to use it when you were no longer had the authority to do so. For example, if the agreed-upon time frame expired for the rented car has expired. No matter the reason for the charges, if you are convicted of grand larceny in Nevada, you could face the following penalties:
• Up to 10 years in Nevada State Prison
• Fines ranging up to $10,000
• Mandatory payment of restitution
Luckily, there are many strong defenses that can be deployed for grand larceny charges in Las Vegas, especially if it’s your first-time facing this crime. By consulting with a grand larceny lawyer at the Spartacus Law Firm, we can help determine the best defense approach to your case and create a strategy to maximize your chances of reaching a successful outcome.
If the value of the property is more than $1,200 but less than $5,000, the convicted individual would be charged with a category D felony, which carries a potential sentence of 1 to 4 years in the Nevada Department of Corrections and a fine of up to $5,000 (NRS 205.222.2(a)
If the value of the property is more than $5,000 but less than $25,000, the convicted individual would be charged with a category C felony, which carries a potential sentence of 1 to 5 years in the Nevada Department of Corrections and a fine of up to $10,000 (NRS 205.222.2(b)
If the value of the property is more than $25,000 but less than $100,000, the convicted individual would be charged with a category B felony, which carries a potential sentence of 1 to 10 years in the Nevada Department of Corrections and a fine of up to $10,000 (NRS 205.222.2(c)
If the value of the property is more than $100,000, the convicted individual would be charged with a category B felony, which carries a potential sentence of 1 to 20 years in the Nevada Department of Corrections and a fine of up to $15,000 (NRS 205.222.2(d)
If the property that is stolen is a firearm, then the value of the firearm is irrelevant. the convicted individual would be charged with a category B felony, which carries a potential sentence of 1 to 10 years in the Nevada Department of Corrections and a fine of up to $10,000 (NRS 205.226
). Thus, Grand Larceny of a Firearm is essentially Larceny with the element that the property taken is a firearm.
Prior to 1995, Nevada did not specifically criminalize stealing/larceny/theft of firearms. Rather, larcenies involving firearms were ostensibly prosecuted under general theft/larceny statutes which prohibited taking another's property with the intent to permanently deprive the person of his property. Similar to today, pre-1995 punishment for larceny punishment depended upon the property's value. Thus, because larcenies involving firearms were prosecuted under the general larceny statute, punishment for stealing firearms depended upon their value.
If a motor vehicle is stolen, the convicted individual would be charged with either a B or a C felony. The degree of the felony will depend on if the convicted individual has previous criminal offenses or not. However, if the individual does not have prior criminal charges
for grand larceny of a motor vehicle, then the lesser degree felony will likely be justifiable with the help of an experienced Las Vegas grand larceny attorney.
Larceny is a specific intent crime. See e.g. Harvey v. State. 78 Nev. 417, 419 (1962)
. Specific intent is "the intent to accomplish the precise act which the law prohibits." Bolden v. State, 121 Nev. 908, 923 (2005)
, receded from on other grounds by Cortinas v. State, 124 Nev. 1013, 1026-27 (2008)
. When a defendant commits larceny, he must take property with the intent to permanently deprive the property from the rightful owner. See State v. Ryan, 12 Nev. 401 (1877)
; Francis Sayre, Mens Rea, Harv. L. Rev. 974, 999 (1932); 50 Am. Jur. 2d Larceny § 31 (2019). Importantly, the "intent to deprive permanently" must coincide with the initial taking. Harvey , 78 Nev. at 419 ("...to constitute larceny, there must exist in the mind of the perpetrator, at the time of the taking , the specific intent to permanently deprive the owner of his property." Wayne R. LaFave, Larceny - Intent to Steal, 3 Subst. Crim. L. § 19.5(f) (3rd ed. 2018) ("With larceny ... the defendant's conduct and his mental state must coincide."); 52B C.J.S. Larceny § 55 (June 2019); 3 Wharton's Criminal Law § 350 (15th Ed. 2018).
This court has previously held, "[w]hen an intent requirement is supplied in the statute, in order to sustain a conviction, that intent must be proven as to each element of the crime ." Garcia v. Sixth Jud. Dist. Ct, 117 Nev. 697, 701 (2001)
(emphasis added); See also Elonis v. U.S., 135 S.Ct. 2001, 2009 (2015)
("...a defendant generally must 'know the facts that make his conduct fit the definition of the offense.'") (quoting Staples v. U.S., 511 U.S. 600, 608 (1994));; David Crump, What Does Intent Mean? 38 Hofstra L. Rev. 1059, 1068 (2010) ("What specific intent really means is that the actor has intent to commit (or knowledge that he is committing) all of the elements of the crime." (citing Black's Law Dictionary 826 (8th ed. 2004)); Eric A. Johnson, Understanding General and Specific Intent: Eight Things I Know For Sure, 13 Ohio St. J. Crim. L. 521, 527 (2016).
In Nevada, grand larceny is a crime that must have intent. Before the state of Nevada can convict you of committing a crime with specific intent, it must prove that you meant to perform that act with the expectation of achieving a particular result. Grand larceny is a good example of a situation in which an individual makes a conscious decision to act with the specific intention of stealing property from another person. Specific intent can apply in cases where an accused individual has not yet committed a crime but has definite plans to do so at some point in the future. On the other hand, it also requires prosecutors to show that an individual facing grand larceny charges in Las Vegas carried away or hid the property with the intent to take it away later. If the prosecutor does not have enough evidence to show that an individual intended to steal the property, or that they actually carried it away, the grand larceny charge will fail. Disproving intent is tricky and will likely require experienced and aggressive defense from a Las Vegas grand larceny attorney who has handled countless similar cases. Luckily, the Spartacus Law Firm routinely represents clients charged with grand larceny in Nevada and has the resources needed to ensure your case has the best possible outcome.