Grand Larceny
There are two types of Larceny in Nevada which are treated as a felony: Grand Larceny, which is a Category D felony (or higher), and Larceny from a Person, which is a Category C Felony (or higher). The misdemeanor version of larceny is petit larceny, click here.
What is Grand Larceny?
Grand Larceny is taking property that does not belong to you, where the value of the property is over $1,200.00. The greater the value of the item you steal, the higher level the crime will be charged as in Nevada.
The statutory language defining Grand Larceny is set forth as NRS 205.220:
"NRS 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.
4. With the intent to defraud, steal, appropriate or prevent identification:
(a) Marks or brands, causes to be marked or branded, alters or defaces a mark or brand, or causes to be altered or defaced a mark or brand upon one or more head of livestock owned by another person;
(b) Sells or purchases the hide or carcass of one or more head of livestock owned by another person that has had a mark or brand cut out or obliterated;
(c) Kills one or more head of livestock owned by another person but running at large, whether or not the livestock is marked or branded; or
(d) Kills one or more domesticated animals or domesticated birds, with an aggregate value of $1,200 or more, owned by another person but running at large, whether or not the animals or birds are marked or branded."
What are the Penalties for Grand Larceny?
- Grand Larceny of between $1,200.00 and $5,000.00 is a Category D Felony
- Grand larceny of property between $1200.00 and $5000.00 in value) is a category D felony with a sentence of 1 to 4 years in prison and up to $5000.00 in fines.
- Grand larceny of property worth more than $5,000.00 but less than $25,000.00 is a category C felony, punishable by 1 to 5 years in Nevada prison and a $10,000.00 fine.
- Grand larceny of property worth more than $25,000.00 but less than $100,000.00 is a category B felony, punishable by 1 to 10 years in Nevada prison, and a $10,000.00 fine.
- Grand larceny of property worth more than $100,000.00 is a category B felony and is punishable by 1 to 20 years in Nevada prison and a $15,000.00 fine.
What are Examples of Grand Larceny Crimes?
- Taking money from an ATM that does not belong to you.
- Stealing valuable items from a store, worth at least $1,200.00.
- Using someone else's identity to steal expensive electronics worth more than $1,200.00
- Taking money from your employer in excess of $1,200.00 when at work.
What are some Defenses to Grand Larceny?
Every case is different, but there are some common defenses to grand larceny that any defense attorney would immediately investigate, such as
- The stolen property was worth less than $1,200.00.
- The property actually belonged to you.
- You had permission to take the property.
- You lacked criminal intent.
- Mistaken identity – someone committed grand larceny, but not you.
- Law enforcement violated your rights in investigating the case or obtaining evidence.
- False accusation – someone with a motive against you has fabricated the allegations.
Can a Grand Larceny Case be Dismissed or Reduced?
If you hire an attorney to fight for you, your chances of getting your case dismissed, or reduced to a lesser charge, can be improved. Your defense attorney will oversee a complete investigation into the allegations against you and find any weakness in the prosecution's case.
If there are no weaknesses in the prosecution's, a reduced plea deal can still sometimes be negotiated, especially if the defendant is willing to take an active role in showing they have learned from this experience (such as doing community service, going to alcohol or drug treatment, etc.).
Even if a case cannot be dismissed, your attorney can work to get you a favorable plea negotiation. In a Grand Larceny case, a common negotiation strategy would be to attempt to get the case negotiated down to a petit larceny misdemeanor, or to (for example) turn a Category B felony grand larceny into a Category D felony grand larceny.
Call our attorneys today to let us start fighting on your behalf.