NRS § 205.220 – Grand Larceny – Nevada Law & Penalties

Nevada Revised Statute (NRS) § 205.220 makes it a felony to commit grand larceny, which is stealing $1,200 or more of money or property. If the property value is lower than $1,200, you would instead face misdemeanor charges for petty larceny.

Grand larceny – which is also called grand theft – comprises many types of stealing, such as:

• Shoplifting,
• Using an ATM to withdraw another person’s money without their permission,
• Taking furniture or other articles from a hotel room, or
• Taking someone else’s farm animals.

Since grand larceny is non-violent, judges often grant probation instead of Nevada State Prison. In many cases, we can even persuade the D.A. to lessen the charge or dismiss it outright – especially if you have no prior criminal record.

Otherwise, the sentence for grand larceny depends on the value of the property that you were accused of taking, as the following table shows.

In addition to fines and prison, you also will be ordered to pay restitution to the victim.

In this article, our Las Vegas theft defense lawyers will address the following key issues regarding grand larceny:

• 1. Elements of NRS 205.220
• 2. Defenses
• 3. Will I lose my guns?
• 4. Immigration Consequences
• 5. Record Seals
• 6. Grand vs. Petty Larceny
• 7. Ten Related Theft Crimes
• Additional Reading

1. Elements of NRS 205.220

For you to be convicted of grand larceny under NRS 205.220, Nevada prosecutors have to prove the following five elements of the jury instructions beyond a reasonable doubt:

1. Unlawful taking. You wrongfully took and moved the property any distance from the property’s owner.
2. Not your property. You are not the rightful owner of the property.
3. No consent. The owner did not give you permission to take their property.
4. Minimum $1,200 value. The property is worth $1,200 or more.
5. Intent to steal. You meant to deprive the owner of enjoyment of the property.¹

When determining what stolen property is worth, prosecutors look to such factors as:

• Price tags,
• Current market value, and/or
• Expert testimony.

In the end, courts will generally attribute to property the highest reasonable value.²

2. Defenses

Grand larceny is one of the most common charges we defend against here at Las Vegas Defense Group. In our experience, the following four defenses have proven very effective with Nevada prosecutors, judges, and juries at getting NRS 205.220 cases reduced or dismissed in Nevada.

1) The Property Belonged to You

It is impossible to steal property that belongs to you. Sometimes questions of ownership become complicated when more than one person owns a particular item, or if a person uses aliases.

Example: Neighbors Hal and Henry co-own a lawnmower. One day Hal takes the lawnmower from Henry’s carport to use it on Hal’s lawn. Angry that Hal did not ask permission first, Henry calls the police to have him arrested for grand larceny. Since Hal co-owned the lawnmower, the most Hal can get cited for is trespassing on Hal’s property.

In these cases, we use such evidence as receipts, invoices, deeds, etc. to show that you reasonably believed you were the rightful owner. As long as there is a reasonable doubt about ownership, the grand larceny charges should be dropped.

2) You Lacked Intent to Steal

Accidents happen, and mistakenly taking another person’s property is no crime.

Example: After flying into Las Vegas, Jeb absentmindedly takes the wrong suitcase from the carousel. The suitcase’s owner is furious and insists the police arrest Jeb. When the officers realize that Bill simply made an error because the suitcases looked alike, the officers let him go.³

In these cases, we compile all the circumstantial evidence available that indicates you had no intention to steal. This typically includes recorded communications (such as text messages and voicemails), eyewitness accounts, and surveillance video.

Note that it is not a defense to theft charges that you were caught before you could leave the premises with the property. If you meant to steal, moving the property any distance counts.

3) The Property Was Worth Less than $1,200

You may be wrongly charged with grand theft instead of petty theft if prosecutors over-estimated the property’s value.

Example: Betsy steals Jan’s necklace, which Jan claims is an heirloom worth thousands of dollars. However, independent appraisers value it at only $300, and similar necklaces are selling for only $300. Therefore, the D.A. drops Betty’s grand theft charge down to petty larceny.

When the fair market value of the allegedly stolen items is at issue, we can ask the court to use independent appraisers. In many cases, getting a second opinion shows that the actual value is far lower than what the state claims.

4) The Police Conducted an Illegal Search

The Fourth Amendment protects against unreasonable searches and seizures. In reality, however, sometimes police neglect to get a warrant when necessary, or the warrant they get may be invalid.

Whenever the police find evidence through an unlawful search, we immediately make a motion to suppress the evidence. If the court grants the motion, the D.A. may be left with too weak of a case to continue prosecuting.

In Sum

In any larceny case, we would gather all available evidence, review the relevant statutes and latest case law, file any necessary documents and motions with the court, and craft the most effective strategy while protecting your constitutional rights.

The ultimate goal is to do everything possible to get the charges dropped, negotiate a favorable plea bargain, or litigate the case until the trial ends with an acquittal.

3. Will I lose my guns?

Since grand larceny is a felony in Nevada, a conviction will strip you of your gun rights for life. The only way to restore them is through a governor’s pardon, which is difficult to get.

Being a felon in possession of a gun is a separate felony crime. The penalty is one to six years in prison and up to $5,000 in fines.⁴

4. Immigration Consequences

Grand larceny falls under not one but two classes of deportable offenses:

1. Crimes involving moral turpitude and
2. Aggravated felonies (if you were sentenced to one year or more in prison).⁵

Therefore, non-citizens arrested for violating NRS 205.220 should seek legal counsel immediately to try to get the charge dismissed or changed to a non-deportable offense.

5. Record Seals

Following a grand larceny conviction in Nevada, you have to wait five years after the case closes before you can pursue a record seal. However, the waiting period reduces drastically if the charge gets reduced or dismissed, as the following table shows.⁶

Having a criminal record can cost you jobs, professional licenses, loans, housing, and educational opportunities. Therefore, you are encouraged to explore getting a record seal as soon as you are eligible.

6. Grand vs. Petty Larceny

The following table compares the Nevada laws for grand larceny and petty larceny (formally spelled “petit larceny”).

7. Ten Related Theft Crimes

1. Bait-Purse Theft – NRS 205.0832(d):  Las Vegas police searching for thieves routinely plant “lost” purses and wallets in public areas such as casinos. If you take the purse for yourself, you face petty or grand larceny charges depending on the value of the purse and its contents. This offense is also called possession of lost property.
2. Burglary – NRS 205.060:  Burglary is entering any structure or vehicle with the intent to commit certain crimes such as larceny while inside. The felony penalties depend on whether the location is a home, business, automobile, or something else.
3. Embezzlement – NRS 205.300:  Embezzlement is not returning property you are entrusted with, such as failing to give back a rented car. It is punished the same as larceny.
4. Grand larceny of a firearm – NRS 205.226:  Stealing firearms is always a category B felony carrying one to 10 years in prison, restitution, and up to $10,000.
5. Grand larceny of a motor vehicle – NRS 205.228:  Stealing a car is always a felony regardless of its worth. Penalties turn on your criminal history.
6. Larceny from a person – NRS 205.270:  Also called pick-pocketing, larceny from a person is stealing money or items from someone’s person without force or threats (unlike robbery). This is a category C felony carrying one to five years in prison, restitution, and up to $10,000.
7. Looting – This can be charged as larceny, burglary, or robbery depending on the circumstances of the case.
8. Mail theft – NRS 205.975:  Stealing mail is always a category D felony carrying one to four years in prison, restitution, and up to $5,000.
   
9. Possession of stolen property – NRS 200.275:  Knowingly possessing stolen property is just as illegal as knowingly stealing another’s property. It is punished the same as larceny.
10. Robbery – NRS 200.380:  Robbery is using physical force or verbal threats to steal someone’s property. An example is holding up a cashier. Robbery is a category B felony carrying two to 15 years in prison; the sentence can double if a deadly weapon was involved.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Larceny by Mistake. A Comedy of Errors – Modern Law Review.
• Criminal Law: Distinction between Larceny and Embezzlement – California Law Review.
• Criminal Law—Larceny—Criminal Intent – Buffalo Law Review article about the state of mind necessary for a theft conviction.
• The Value of the Subject Matter of Larceny – Dickinson Law Review.
• Larceny – What Is Crime Of – Instructions – Crim. L. Mag. & Rep.

Also see our related article, How much theft is a felony?

 Legal References