Nevada Revised Statute (NRS) § 205.220 makes it a felony to commit grand larceny by intentionally stealing money or property worth at least $1,200. Depending on the property’s value, grand larceny carries one to twenty years in prison, restitution, and substantial fines.
Intentionally stealing property valued at lower than $1,200 is instead prosecuted as petty larceny, which is only a misdemeanor. Shoplifting is prosecuted as grand larceny or petty larceny, depending on the cost of the merchandise.
Penalties
The sentence for grand larceny turns on the value of the property that you were convicted of taking:
| 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 |
In addition to fines and prison, you also will be ordered to pay restitution to the victim. It is often possible to get probation instead of Nevada State Prison.
Special Categories
Nevada has separate grand larceny statutes for automobiles and guns. Unlike ordinary grand larceny under NRS 205.220, these offenses are felonies even if the property is worth less than $1,200.
- Grand Larceny of a Motor Vehicle (NRS 205.228): A first offense is usually a category C felony punishable by 1 to 5 years in prison plus fines and restitution. A second offense in five years is a category B felony punishable by 1 to 6 years in prison plus fines and restitution.
- Grand Theft of a Firearm (NRS 205.226): A category B felony carrying one to 10 years in prison, restitution, and up to $10,000 in fines.
Defenses
Depending on the case, these strategies can get grand larceny charges lessened or dropped altogether.
- No Stealing: The property belonged to you.
- No Criminal Intent: Perhaps you intended only to borrow the property.
- Low Value: The property was worth less than $1,200
- Police Misconduct: Maybe the police found the property through an unlawful search.
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. Penalties
- 3. Defenses
- 4. Will I lose my guns?
- 5. Immigration Consequences
- 6. Record Seals
- 7. Grand vs. Petty Larceny
- 8. Ten Related Theft Crimes
- Frequently Asked Questions
- 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:
- Unlawful taking. You wrongfully took and moved the property any distance from the property’s owner.
- Not your property. You are not the rightful owner of the property.
- No consent. The owner did not give you permission to take their property.
- Minimum $1,200 value. The property is worth $1,200 or more.
- Intent to steal. You meant to deprive the owner of enjoyment of the property.
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.1
Note that there are two scenarios that are also prosecuted as grand larceny under NRS 205.220 even if the value of the property taken is less than $1,200:
- Using a card or other device for automatically withdrawing or transferring money in a financial institution to obtain money which you know you are not entitled to; or
- Intentionally stealing one or more head of livestock owned by another person.
We find that grand larceny cases are often won or lost on the individual elements rather than on whether property went missing. Prosecutors must prove each required element beyond a reasonable doubt, and a weakness in just one can create a viable defense.
We regularly examine whether our client actually intended to steal the property, whether they believed they had permission to take it, whether the property’s value has been accurately established, and whether the evidence truly identifies the right person. Those issues frequently become the focus of successful defense strategies.
2. Penalties
Because grand larceny is generally a nonviolent offense, probation is often available, particularly for first-time offenders. 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 in Nevada hinges on the stolen property’s value.
- $1,200 to less than $5,000: Category D felony carrying 1 to 4 years in prison and up to $5,000 in fines plus restitution.
- $5,000 to less than $25,000: Category C felony carrying 1 to 5 years in prison and up to $10,000 in fines plus restitution.
- $25,000 to less than $100,000: Category B felony carrying 1 to 10 years in prison and up to $10,000 in fines plus restitution.
- $100,000 or more: Category B felony carrying 1 to 20 years in prison and up to $15,000 in fines plus restitution.2
In our experience defending Nevada theft cases, two grand larceny prosecutions with the same charge can have very different outcomes. Much depends on whether prosecutors can prove the property’s value, whether there is evidence of criminal intent, and what mitigating circumstances exist.
We encourage clients to seek legal advice as early as possible because opportunities to negotiate reduced charges, present favorable evidence, or pursue alternatives are often greatest before the case gains momentum.
3. 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 overestimated 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 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.
4. 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. (Federal law also prohibits most convicted felons from possessing firearms.)
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
Many clients are surprised to learn that the collateral consequences of a felony conviction can last much longer than any jail sentence or probation. For hunters, competitive shooters, security professionals, military members, and others who lawfully own firearms, losing the right to possess guns can be one of the most significant long-term effects of a grand larceny conviction.
5. Immigration Consequences
Grand larceny may fall under not one but two classes of deportable offenses:
- Crimes involving moral turpitude and
- 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.
We have found that many non-citizens are understandably most concerned about incarceration, but immigration consequences can have an even greater long-term impact. A conviction that seems like a favorable resolution in criminal court may still jeopardize someone’s immigration status. That is why we encourage clients to raise any immigration concerns as early as possible so they can be considered throughout plea negotiations.
6. 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
| Potential Result of a Grand Larceny Case in Nevada | Record Seal Waiting Time |
| Dismissal or acquittal (no conviction) | None |
| Reduction to a misdemeanor (such as petty larceny) | 1 year after the case closes |
| Reduction to a gross misdemeanor (such as possession of burglary tools) | 2 years after the case closes |
| Guilty verdict or guilty plea to grand larceny | 5 years after the case closes |
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.
7. Grand vs. Petty Larceny
The following table compares the Nevada laws for grand larceny and petty larceny (formally spelled “petit larceny”).
| NEVADA LAW | Petty Larceny (NRS 205.240) | Grand Larceny (NRS 205.220) |
| Definition | Theft of property valued at less than $1,200 | Theft of property valued at $1,200 or more |
| Classification | Misdemeanor | Felony |
| Potential Penalties |
|
|
| Intent Requirement | Intent to deprive the owner of the property | Intent to deprive the owner of the property |
| Defenses |
|
|
| Statute of Limitations | 1 year from the date of the offense | 3 years from the date of the offense |
8. Ten Related Theft Crimes
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Looting – This can be charged as larceny, burglary, or robbery depending on the circumstances of the case.
- 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.
- Possession of stolen property – NRS 205.275: Knowingly possessing stolen property is just as illegal as knowingly stealing another’s property. It is punished the same as larceny.
- 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.
Frequently Asked Questions
Can I be charged with grand larceny if I intended to return the property?
Not necessarily. In Nevada, grand larceny generally requires that the State prove you intentionally took someone else’s property without authorization. A genuine intent to borrow and promptly return the property may undermine the prosecution’s ability to prove the required criminal intent, although each case depends on its specific facts.
In our experience, many clients tell us they believed they were only “borrowing” an item or had permission to take it. Those explanations do not automatically defeat the charge, but they often become important pieces of the defense. We look closely at text messages, prior dealings between the parties, surveillance footage, and witness statements to determine whether prosecutors can actually prove an intent to permanently deprive the owner of the property.
How does Nevada determine the value of stolen property?
Nevada generally classifies grand larceny based on the value of the property taken. The prosecution must prove the property’s value because it determines the felony category and potential penalties. Disputes over valuation can therefore have a significant impact on the case.
We frequently see prosecutors rely on replacement prices or unsupported estimates that may overstate an item’s true value. In appropriate cases, we challenge appraisals, receipts, depreciation calculations, and expert opinions because reducing the alleged value can substantially reduce the severity of the charge.
Can grand larceny charges be dropped if I return the property?
Returning stolen property does not automatically result in dismissal. Once Nevada prosecutors believe a crime has been committed, they may continue pursuing the case even if the property is recovered or the owner has been fully reimbursed.
That said, we have found that voluntarily returning property early, making restitution, and demonstrating responsibility can sometimes improve the chances of negotiating a reduction in charges or obtaining a more favorable resolution. Every prosecutor evaluates these factors differently, but they often matter during plea negotiations.
What defenses are available to a Nevada grand larceny charge?
Common defenses include proving you owned the property, reasonably believed you had permission to take it, lacked the required criminal intent, were mistakenly identified, or that the prosecution cannot prove the property’s value beyond a reasonable doubt. Depending on the facts, constitutional defenses involving unlawful searches or improper police procedures may also apply.
In our experience, grand larceny cases are often far more complicated than they first appear. Surveillance footage can be incomplete, eyewitnesses may be mistaken, and ownership disputes are more common than many people realize. We focus on identifying reasonable doubt rather than simply accepting the police version of events.
Will I have to pay restitution if I am convicted of grand larceny?
Yes. In addition to any criminal penalties, Nevada courts generally order defendants convicted of grand larceny to pay restitution to compensate victims for their financial losses.
We often advise clients that restitution and criminal punishment are separate issues. Even when restitution is required, negotiating the amount or arranging manageable payment terms can sometimes make a meaningful difference in resolving the case and moving forward.
Is grand larceny always a prison offense in Nevada?
No. Grand larceny is always a felony, but whether someone actually serves prison time depends on several factors, including the property’s value, criminal history, the facts of the offense, and the outcome of plea negotiations or sentencing. Nevada law grades grand larceny into different felony categories depending on the property’s value.
In our experience, many first-time offenders assume a felony conviction automatically means they will go directly to prison. That is often not true. Early intervention, mitigation, restitution, and strong advocacy can significantly affect how a case is resolved.
Can I seal a Nevada grand larceny conviction?
Usually yes, if you qualify and satisfy Nevada’s waiting period after the case closes. The applicable waiting period depends on the offense and final disposition, and dismissed grand larceny charges may generally be sealed immediately. Eligibility should be evaluated on a case-by-case basis.
We routinely tell clients that resolving the criminal case is only part of the process. Planning ahead for record sealing can be just as important because a felony theft conviction can continue affecting employment, housing, and professional licensing long after the criminal penalties end.
What is the difference between grand larceny and robbery in Nevada?
Grand larceny involves unlawfully taking property, while robbery requires taking property from another person through force, violence, or intimidation. Because robbery involves violence or the threat of violence, it is prosecuted under different statutes and generally carries much harsher penalties than grand larceny.
We regularly speak with people who use the terms “robbery” and “theft” interchangeably, but Nevada law treats them very differently. Determining whether force or fear was actually used can dramatically change both the charges and the potential consequences.
Can I be charged with grand larceny if I never left the store?
Yes. Under Nevada law, you do not have to leave a store or successfully escape with the property to commit grand larceny. The crime is complete once you intentionally take and carry away another person’s property—even if it is moved only a short distance—with the intent to permanently deprive the owner of it. If the property is worth at least $1,200, prosecutors may file grand larceny charges.
In our experience, many clients incorrectly believe they cannot be convicted because they were stopped by store security before walking out the door. We instead focus on whether prosecutors can actually prove criminal intent, whether the property’s value meets the felony threshold, and whether surveillance footage tells the complete story. Those issues provide much stronger defenses than simply arguing that the property never left the store.
Does Nevada aggregate multiple thefts to reach $1,200?
Sometimes. Nevada law permits prosecutors in certain situations to aggregate (combine) the value of property taken in multiple thefts to reach the $1,200 threshold for grand larceny. Generally, this is allowed only when the thefts are sufficiently connected—for example, when they are committed pursuant to a common scheme or continuing course of conduct. Separate, unrelated thefts ordinarily cannot simply be added together to create a felony.
Under NRS 205.08345, Nevada prosecutors may aggregate the value of merchandise stolen during a series of related retail thefts committed within a 120-day period as part of an organized retail theft scheme. If the combined value is at least $3,500, participants can be charged with organized retail theft—a category B felony—even if no single theft involved that much merchandise. The statute also allows prosecutors to combine the value of thefts committed by multiple participants, prosecute the case in any Nevada county where one of the thefts occurred, and seek restitution for all losses.
In our experience, aggregation issues often become a major point of dispute in retail theft and employee theft cases. Prosecutors may argue that several incidents were part of one ongoing theft scheme, while the defense may contend they were separate events that must be evaluated individually. We carefully review the timing of the alleged thefts, surveillance footage, witness statements, and business records to determine whether the State is legally entitled to combine the values in the first place.
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.
Legal References
- Nevada Revised Statute 205.220 – Grand larceny: Definition.
Except as otherwise provided in NRS 205.226 and 205.228, a person commits grand larceny if the person:
1. Intentionally steals, takes and carries away, leads away or drives away:
(a) Personal goods or property, with a value of $1,200 or more, owned by another person;
(b) Bedding, furniture or other property, with a value of $1,200 or more, which the person, as a lodger, is to use in or with his or her lodging and which is owned by another person; or
(c) Real property, with a value of $1,200 or more, that the person has converted into personal property by severing it from real property owned by another person.
2. Uses a card or other device for automatically withdrawing or transferring money in a financial institution to obtain intentionally money to which the person knows he or she is not entitled.
3. Intentionally steals, takes and carries away, leads away, drives away or entices away:
(a) One or more head of livestock owned by another person; or
(b) One or more domesticated animals or domesticated birds, with an aggregate value of $1,200 or more, owned by another person. - NRS 205.222 – Grand larceny: Penalties.
1. Unless a greater penalty is imposed by a specific statute, a person who commits grand larceny in violation of NRS 205.220 shall be punished pursuant to the provisions of this section.
2. If the value of the property involved in the grand larceny:
(a) Is less than $5,000, the person who committed the grand larceny is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) Is $5,000 or more but less than $25,000, the person who committed the grand larceny is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(c) Is $25,000 or more but less than $100,000, the person who committed the grand larceny is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
(d) Is $100,000 or more, the person who committed the grand larceny is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and by a fine of not more than $15,000.
3. In addition to any other penalty, the court shall order the person who committed the grand larceny to pay restitution.
4. If the grand larceny involved a sale in violation of subsection 3 or 4 of NRS 205.220, all proceeds from the sale are subject to forfeiture. - See, for example, State v. Green (Nev. 1921) 202 P. 368; State v. Mandich (Nev. 1898) 54 P. 516; State v. Clifford (1879) 14 Nev. 72.
- NRS 202.360. 18 U.S.C. § 922(g)(1).
- INA § 237(a)(2)(A). INA § 101(a)(43)-(45).
- NRS 179.245. NRS 179.255.
