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Petit Larceny in Nevada

Larceny charges range from misdemeanor petit larceny to more serious felony theft offenses, depending on the facts and the value involved. Early strategy can often change the outcome.

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NRS 205.240Nevada · Lower value theft conduct

Petit Larceny

Nevada defines petit larceny in NRS 205.240. It generally covers intentional stealing or carrying away property below the statutory value threshold described in the statute.

Statute
Petit larceny (NRS 205.240)
What it is
Intentional taking of property below the statutory threshold
Charge level
Misdemeanor in many cases
Defense focus
Intent, identity, value proof, store video, witness issues
Key statutory language (abridged)

NRS 205.240 addresses petit larceny and sets out the conduct covered and the penalty structure tied to value.

How charges typically arise

Example fact patterns

Examples of factual situations prosecutors commonly rely on when filing charges. These are simplified summaries, details matter.

Petit larcenyWhat this charge generally means
Theft under a value threshold
Petit larceny is typically charged when the state alleges you intentionally took property that belongs to someone else and the alleged value is under the statutory threshold.
Shoplifting style cases
Many cases start as retail theft allegations where the store claims concealment, failure to pay, or passing the last point of sale.
Package and delivery theft allegations
Porch pickup cases often turn on identification, video quality, timelines, and whether the state can prove the person who took the package.
Workplace and trust situations
Employer theft allegations can involve disputes about permission, policy, and whether the item was truly taken with intent to keep it.
How to read this
These are common charging narratives, not determinations of guilt. Real cases turn on evidence quality, context, and credibility.
Defense playbook

Examples of defenses

Short, plain-English examples of defenses we look for. The right defense depends on the facts, the evidence, and how the case was built.

Petit larcenyCommon defense themes
No theft occurred
Sometimes nothing was actually taken, or the state cannot prove an item left the control of the owner.
Ownership or lawful authority
If it was your property, or you had lawful authority to possess or borrow it, that can defeat the theft theory.
No criminal intent
Larceny typically requires intent. Mistakes, misunderstandings, or accidental carry-away facts can matter a lot.
Mistaken identity
Video, witness descriptions, and timeline problems can create reasonable doubt, especially in fast-moving retail or delivery scenarios.
How to use this
These are common defense themes, not legal advice for your case. The value is in comparing the allegations to the evidence and spotting what is missing, unclear, or contradicted.
Penalties overview

Potential penalties

A simplified overview of common penalty ranges. The real exposure depends on charge level, priors, enhancements, and how the case is filed.

Petit larcenyTypical exposure and common consequences
Charge level
Misdemeanor
Petit larceny is commonly charged as a misdemeanor when the alleged value stays under the statutory threshold.
Jail exposure
Up to 6 months
Actual outcomes depend on record, venue, facts, and whether the case resolves early with a negotiated disposition.
Fine exposure
Up to $1,000
Court costs and administrative fees may apply depending on the court.
Restitution
Often ordered
Courts commonly order restitution in theft cases, and payment plans can be part of a negotiated resolution.
Collateral consequences
Employment, licensing, background checks
Theft allegations can affect hiring and licensing decisions, even when the case is misdemeanor level.
Important
Penalties can shift based on priors, alleged injury, and how the case is filed. A reliable range requires the exact charge, the complaint, and criminal history.

Petit larceny and other Nevada larceny charges

Nevada has multiple theft and larceny-related offenses. They all involve taking something that does not belong to you, but the charge level depends on what happened and the alleged value involved. Petit larceny is commonly treated as the least serious larceny charge, while other theft offenses can be filed as felonies depending on facts and value.

What is petit larceny

NRS 205.240 addresses petit larceny. It is generally described as intentionally stealing property owned by another person when the alleged value is less than $1,200. Petit larceny is commonly charged as a misdemeanor.

In addition to any other penalty, courts commonly order restitution in theft cases.

Can petit larceny be dismissed

Many petit larceny cases can be negotiated toward dismissal or a resolution that avoids a theft conviction, depending on the venue, the facts, and your history. A common framework in some courts is restitution plus a class or similar requirement as part of a negotiated outcome.

The best approach depends on evidence strength, whether there are additional charges, and how quickly counsel can stabilize the case and preserve favorable proof.

Examples of petit larceny allegations

  • Shoplifting items allegedly worth less than $1,200
  • Taking packages from a porch or delivery area
  • Taking workplace items without authorization

Many of these cases turn on intent and identification, not just on whether an item went missing.

Statutory language and what it focuses on

The statute is detailed and covers multiple ways property can be taken, including taking and carrying away personal property under the value threshold, certain lodging property under the threshold, and certain real property severed into personal property under the threshold. It also addresses domesticated animals or birds under an aggregate value threshold.

In practice, the defense usually focuses on what the state is claiming was taken, whether the evidence supports intent, whether identity is reliable, and whether the alleged value is accurate.

Defenses to petit larceny

  • Nothing was stolen
  • The property was yours
  • You had legal authority to borrow or possess it
  • No criminal intent, mistake or inadvertent carry-away
  • Mistaken identity

The right defense depends on the evidence, especially video, witness accounts, receipts, store policies, and timelines.

Next steps

If you have been accused of petit larceny, avoid making statements to loss prevention, store security, or police without counsel. Preserve receipts, messages, and any timeline proof that supports your defense.

Early work is about securing video before it is overwritten, challenging identification and intent, and pushing for the best available resolution.

Petit Larceny FAQs

These are the questions we hear first.

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