Grand Larceny Auto in Nevada
In Nevada there are numerous crimes related to Larceny, or “stealing,” of another person’s possessions or property. There are certain crimes which are related specifically to the theft of a motor vehicle. The law related to this is found in Nevada Revised Statute (NRS) Grand Larceny Auto (“Grand Theft Auto”) – NRS 205.228Definition of the Crime and Essential Elements Grand Larceny of a Motor Vehicle
For the State to prove someone guilty of committing the crime of Grand Larceny of a Motor Vehicle ( or as it is commonly referred to in popular terms, “Grand Theft Auto”), it must show beyond a reasonable doubt the following elements:
- An individual intentionally steals, takes and carries away, drives away or otherwise removes a motor vehicle owned by another person.
- This occurred without the person’s consent.
Other similar or related offenses include:
- Grand Larceny – NRS 205.202
- Robbery 200.380
- Burglary – NRS 205.075
- Petit Larceny – NRS 205.240
- Armed Robbery – NRS 200.380
An individual desperately wanted a specific type of car but could not afford one of his own. One day, he walked past a convenience store and saw his dream car running in the parking lot. He decided to take the car and drive it for a while, before eventually selling it for a profit. He had no intention of ever returning the vehicle. Under these circumstances, this individual would be charged with Grand Larceny of a Motor Vehicle.Defenses to Grand Larceny of a Motor Vehicle
While the law is clear as to what defines a Grand Larceny Auto charge in Nevada, the ability for the State to prove the allegation and achieve a conviction is never a sure thing. As with all other allegations in Las Vegas and throughout the State of Nevada, the reality that the State has brought a charge does not mean it will result in conviction. There are literally limitless, fact specific, defenses which can be used to combat a charge such as Grand Larceny Auto. These defenses can be used to assist in the dismissal or negotiation of a case or can be brought up at Trial to a jury.
For instance, a Defendant may be able to bring forth the title and registration records to prove that the accused was the rightful owner of the vehicle.
It is very hard to prove an alleged theft of a motor vehicle when there are no eyewitnesses and if the car is never found in the suspect’s possession. In this instance, it can be argued that no theft even occurred.
Further, if a person is legitimately under the impression that he or she received permission to borrow the car, then the crime of grand larceny of a motor vehicle did not occur.
These are simplified examples to show an even more simple point. Every case has a potential defense and a knowledgeable and trained Vegas Criminal Defense attorney can search through the discovery in your case to help you identify and show the very best defense possible.Potential Penalty for Grand Larceny of a Motor Vehicle
The punishment for Grand Larceny of a Motor Vehicle depends on the car value.
If the car was worth more than $3,500, then it is considered to be a Category B Felony. If convicted, the person faces one to ten years in the Nevada Department of Corrections, a fine of not more than $10,000 and will have to pay restitution.
If the car was worth less than $3,500, then it is considered to be a Category C Felony. If convicted, the person faces one to five years in the Nevada Department of Corrections, a fine of not more than $10,000 and will have to pay restitution.Criminal Defense for Grand Larceny of a Motor Vehicle
Grand larceny of a motor vehicle in Nevada is a serious charge. This allegation doesn’t have to lead to conviction, but each case is unique and each defense must be carefully tailored to allow for the chance at the best possible result. Every individual charged with this Felony crime needs the best defense possible and the best Las Vegas Criminal Attorney possible to help fight this charge.
If you, a friend or a family member is being investigated or has been arrested or charged with this offense, a former Chief Deputy District Attorney in your corner is a huge asset. Josh Tomsheck is regarded as one of the best criminal defense attorneys in Las Vegas and will work diligently to help you achieve results you didn’t think possible.
For more information about the charge and defense of grand larceny of a motor vehicle in Las Vegas, call the law firm of Hofland & Tomsheck right away to schedule your free consultation. (702) 895-6760.