4 Ways Theft Can Be a Felony in Nevada

In Nevada, there are four theft crimes that are always prosecuted as felonies:

1. Grand Larceny (NRS 205.220):  Stealing property valued at $1,200 or more.
2. Grand Larceny of a Motor Vehicle (NRS 205.228):  Stealing an automobile or motorcycle, no matter its value.
3. Grand Larceny of a Firearm (NRS 205.226):  Stealing a gun, no matter its value.
4. Mail Theft (NRS 205.975):  Stealing other people’s mail, no matter its value.

Felonies carry a minimum of one year in Nevada State Prison. Though in many cases, judges may be willing to grant you probation instead.

1. Grand Larceny

Stealing money or property worth $1,200 or more is prosecuted as grand larceny in Nevada. A common grand larceny example is shoplifting computers, TVs, or other high-value merchandise.

The sentence for grand larceny turns on the value of the items stolen:

Value of Stolen Property	Grand Larceny Punishment in Nevada
$1,200 to less than $5,000	Category D felony:  1 to 4 years in prison and up to $5,000
$5,000 to less than $25,000	Category C felony:  1 to 5 years in prison and up to $10,000
$25,000 to less than $100,000	Category B felony:  1 to 10 years in prison and up to $10,000
$100,000 or more	Category B felony:  1 to 20 years in prison and up to $15,000

As well as fines and prison, the court will also order you to pay restitution to the victim.¹

Note that if the property is valued at less than $1,200, you would instead face petty larceny charges, which is only a misdemeanor.

2. Grand Larceny of a Motor Vehicle

In Nevada, a first conviction of stealing a motor vehicle is a category C felony, carrying:

• 1 to 5 years in prison,
• up to $10,000 in fines, and
• restitution.

A subsequent motor vehicle theft conviction in five years is a category B felony, carrying:

• 1 to 6 years in prison,
• up to $5,000 in fines, and
• restitution.

“Motor vehicle” refers to not only cars and trucks but also motorcycles. Stealing a motor vehicle is always a felony, no matter how low its value; there is no “petty larceny of a motor vehicle” in Nevada.²

3. Grand Larceny of a Firearm

In Nevada, stealing firearms is a category B felony carrying one to 10 years in prison, up to $10,000 in fines, and restitution. It does not matter whether the gun is a:

• long gun (such as a shotgun or rifle) or
• handgun (such as a pistol or revolver).³

Similar to car theft, gun theft is a felony no matter the gun’s value; there is no “petty larceny of a firearm” in Nevada.

4. Mail Theft

In Nevada, you commit mail theft when you either:

1. Knowingly steal or possess someone else’s mail; or
2. Possess a centralized mail key; or
3. Knowingly open or damage a mail receptacle with the intent to steal the mail inside.

Stealing letters, packages, or other mail is a category D felony, carrying one to four years in prison, up to $5,000 in fines, and restitution. As with car- and gun theft, mail theft is never a misdemeanor, no matter how low the mail’s value.⁴

Theft Defenses

Here at Las Vegas Defense Group, I have represented literally thousands of people charged with felony theft crimes. In my experience, the following five defenses have proven very effective with prosecutors, judges, and juries at getting larceny charges reduced or dismissed.

1. You were falsely accused.
2. You genuinely believed the property belonged to you, and you returned it as soon as you realized it did not.
3. You did not know the property was in your possession (for example, perhaps someone left it in your home).
4. The property belonged to you.
5. The police committed misconduct, such as finding the property through an unlawful search and seizure or coercing your confession.

Typical evidence in theft cases includes receipts, eyewitness accounts, video surveillance footage, and recorded communications (such as texts, emails, and voicemails). As long as there is reasonable doubt as to your guilt, your theft charge should be dropped.

Record Sealing

If you get convicted in Nevada of grand larceny, grand larceny of a motor vehicle, grand larceny of a firearm, or mail theft, you can petition the court for a criminal record seal five years after the case ends.

Though if your case gets dismissed, you can petition for a record seal immediately.

Note that if your theft charge gets reduced to a petty theft conviction, the wait time to petition for a record seal is one year after the case ends.⁵

Related Theft Offenses

• Bait purse theft – Taking an item that police planted as part of a sting.
• Burglary – Entering a structure or vehicle with the intent to commit a crime inside (such as theft).
• Embezzlement – Stealing property that was entrusted to you.
• Larceny from a person – Pick-pocketing.
• Looting – Stealing during a crisis situation.
• Possession of stolen property – Keeping property you know is stolen, even if you did not take it yourself.
• Possession of a stolen vehicle – Keeping a motor vehicle you know is stolen, even if you did not take it yourself.
• Robbery – Taking property in a person’s presence by threats or force.
• Theft of lost property – Taking property you know has been lost.
• Trick-rolling – A sex worker stealing a customer’s property.

Additional Resources

If you are a compulsive shoplifter, you can find help here:

• Cleptomaniacs And Shoplifters Anonymous, LLC (CASA) – Secular weekly self-help group.
• Shoplifting Prevention (Adult) – Paid course by CBTclasses.
• Recoveries Anonymous – 12-step programs for shoplifting.
• Help for Shoplifters – Support group and toolkits provided by the Shulman Center.
• How to Overcome Kleptomania – Six steps provided by The Recovery Village.

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Legal References