Nevada Revised Statute (NRS) Petit Larceny – NRS 205.240
1) Definition of the Crime and Essential Elements
For the State to prove someone guilty of committing the crime of petit larceny, it must show beyond a reasonable doubt the following required essential elements:
1) An individual intentionally steals, takes and carries away, leads away or drives away the property owned by another person
2) This occurred without the person’s consent
3) The property was valued at less than $650.
2) Related Offenses
Other similar or related offenses include:
1. Grand Theft Auto – NRS 205.228
2. Robbery 200.380
3. Burglary – NRS 205.075
4. Grand Larceny – NRS 205.202
5. Armed Robbery – NRS 200.380
K was staying on the Las Vegas Strip during vacation. In the hotel room, there was a really nice robe. K decided to take the robe from the hotel room without paying for it. The robe was valued at less than $650. Under these circumstances, K could be charged with petit larceny.
J walked into a Target store. While putting items in her shopping cart, she was also putting items in her purse. The items in her purse, she did not pay for. Their total property value was less than $650, and J could be charged with petit larceny.
4) Defenses to Petit Larceny
Both the City Attorney and the District Attorney’s office have the power to charge someone with the crime of misdemeanor Petit Larceny. Just because a charge is filed however, does not mean that the person charged will wind up with a conviction. The defenses to a charge of Petit Larceny are essentially limitless and will be determined by the unique facts of each individual scenario. The best defense can give rise to the dismissal or reduction of charges or can be a bar to conviction if raised at Trial.
For instance, one of the essential elements of a petit larceny charge is that the Defendant possessed the requisite legal intent. If the State or city prosecutor is unable to prove that an individual acted in an intentional way to take the items in question, then petit larceny cannot be proven beyond a reasonable doubt.
It is also possible to state that there was no taking. If a person was given the property, and didn’t know that it was stolen, then that person should not be charged with petit larceny.
A defense attorney can argue that the property was taken by mistake or error, and not on purpose. Such as, being absent minded in the store and not paying attention.
In Nevada, an individual is entitled to their property. A person cannot steal property that belongs to them. If the prosecutor cannot prove that an individual did not own the property taken in question, then petit larceny cannot be proven beyond a reasonable doubt.
5) Potential Penalty for Petit Larceny
Petit Larceny is a misdemeanor crime in Nevada. The punishment, if convicted, means that in addition to the likely requirement that the individual charged will have to pay restitution for the item(s) stolen, a fine of up to $1,000 and/or six months in jail is allowable under Nevada law.
6) Criminal Defense for Petit Larceny
You will want, and you need, an experienced criminal defense attorney will be able to help you if you are charged with a crime such as Petit Larceny in Las Vegas or throughout Nevada. A crime alleging theft or Petit Larceny can prevent the individual from acquiring or keeping certain employment. It is certainly in your best interest to seek out an experienced Las Vegas Criminal Defense Attorney immediately in order to begin building your defense and working to keep this allegation of your record.
If you or a loved one has been cited or arrested for Petit Larceny in Las Vegas, a consultation with veteran Las Vegas Defense Attorney Josh Tomsheck is one of the best decisions you can make. Las Vegas Criminal Lawyer Josh Tomsheck has a wealth of experience handling these charges and virtually every crime charged in the State of Nevada.
For more information about the charge and defense of petit larceny in Las Vegas, call the law firm of Hofland & Tomsheck right away to schedule your free consultation. (702) 895-6760.