Robbery

Robbery in Nevada is defined as stealing property from an individual by means of violence, force, or fear of injury. Fear of injury during a robbery can be immediate or in the future. The use of force can be slight or injurious. Force, violence, or fear of injury may be used to obtain or retain possession of the property, prevent or overcome resistance to the stealing, or facilitate the perpetrator’s escape.

In contrast, a burglary is entering a building or vehicle with the intent to commit a crime inside. Burglary doesn’t require force, threats, the presence of other people, or theft. Robbery is more serious than larceny, which is the unlawful taking of a property without the use of force or threat.

Robbery and attempted robbery are both prosecuted as category B felonies that carry the possibility of two to 15 years in prison. If the defendant was armed with a deadly weapon, the sentence can be twice as long.

Penalties For Robbery In Nevada

Robbery in Nevada is classified a category B felony. The use of deadly weapons, such as firearms, knives, pipes, bricks, broken glass, explosives, nunchucks, and throwing stars, will increase punishment.

Robbery without the use of tear gas or a deadly weapon is punishable by two to 15 years in Nevada State Prison. Some defendants may receive probation or a suspended sentence. An additional one to 15 years in prison will be added in cases of robbery involving tear gas or a deadly weapon. This sentence runs consecutive to the underlying sentence and defendants are not eligible for probation or a suspended sentence.

To determine the length of the additional sentence, the judge will consider:

  1. The unique facts and circumstances of the case
  2. The defendant’s criminal history
  3. The impact of the robbery on the victim(s)
  4. Mitigating factors (such as a rough childhood)
  5. Other relevant information

The defendant doesn’t need to brandish or fire a weapon to receive an enhanced sentence. If the victim knows the defendant is armed, then the force or fear felt by the victim justifies an increased sentence.

Attempted Robbery

Attempting and failing to steal through violence, force, or fear of injury is a category B felony punishable by one to 10 years in prison. The use of a weapon to commit the crime comes with an enhanced sentence of no more than 10 additional years.

Robbery Defenses

Robbery charges may be reduced or dismissed with the following defenses:

  • The defendant was misidentified: Victims may not be able to accurately identify the perpetrator or pick him/her out of a lineup. Surveillance video may be too grainy to make a positive ID.
  • The defendant didn’t use force or fear of injury: Stealing without the use of force or fear is not considered robbery.
  • The defendant didn’t take or try to take anything: Scaring a victim is not robbery if the defendant didn’t take or demand anything.

Sealing Records

A robbery conviction will remain on a defendant’s record for 10 years, after which the defendant can ask to have the record sealed. Dismissed robbery cases may be sealed immediately. However, the process can take months.

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