Robbery Charges in Nevada
Las Vegas Robbery Charges
Las Vegas Robbery Defense
Robbery is a serious category “B” felony in the State of Nevada. While the term “Robbery” is well known and used by many people to describe the taking of property belonging to another, the crime of Robbery contains specific elements that must be proven for this serious allegation to hold up in a Nevada Court. Contrary to popular belief, a place, business or residence cannot be robbed as the crime necessarily involves the taking of property from a person or in their presence. Further, the crime of robbery is a violent offense under Nevada law. The statutory scheme controlling Robbery is found in Nevada Revised Statute (NRS) Robbery 200.380
Definition of the Crime and Essential Elements
For the State to prove someone guilty of committing the crime of robbery, it must show beyond a reasonable doubt the following elements:
1) An unlawful taking of personal property occurred
2) The taking was from the person of another, or in the person’s presence.
3) The taking was against the person’s will
4) The taking as by means of force or violence or fear of injury, immediate or future
5) The means of force, violence or fear of injury was directed at the person or property, a member of the person’s family, or anyone in the person’s company at the time of the alleged robbery
A taking is by means of force or fear if force is used to obtain or retain possession of the property, prevent or overcome resistance to the taking, or to facilitate escape. This means that the person used force, violence, or threatened to injure in order to obtain another person’s property.
Other similar or related offenses include:
2. Grand Larceny – NRS 205.202
5. Armed Robbery – NRS 200.380
A is walking from the grocery store to her car in the parking lot. T comes and approaches A. T tells A that if A doesn’t give up her purse, she will be shot. It is never known if T really has a gun or not. A gives T her purse and all of the belongings. T can be charged with the crime of robbery in Nevada because of this incident.
G is working inside a local retail store. While on shift, the front door opens and S, wearing a mask, comes inside and punches G. G falls to the ground and S runs out of the store carrying merchandise taken from a display. S is liable for the crime of Robbery because he used force to take property from the presence of G.
Defenses to Robbery
As with any other criminal allegation brought by the State of Nevada, the fact that a charge is brought does not mean the person accused will be convicted of that offense. There are countless legal and factual defenses which can be raised depending on the unique circumstances of the situation and the person accused. These defenses can lead the charges being reduced or raised as defenses at Trial.
It may be difficult for witnesses to properly identify a suspect. Likewise, it may be difficult for the prosecution to bring forth sufficient evidence to prove beyond a reasonable doubt that the accused is the one who committed the robbery and that it is not a case of mistaken identity or a false allegation.
If the State is unable to prove that the defendant used force, violence, or threats of violence, then they cannot prove a key element of robbery and the defendant should be acquitted.
While these are simple examples, they illustrate the point that there are many defenses available which can be used to win your robbery case. Each criminal allegation is different and almost every case has a defense. An experienced Las Vegas Criminal Defense attorney can review the facts and the law in each case to build the best defense possible.
Potential Penalty for Robbery
Robbery is a Category B Felony in Nevada. If convicted of robbery, a person faces two to fifteen years in the Nevada Department of Corrections.
It should be noted that if the robbery involves an allegation that a deadly weapon was used, the alleged victim is an elderly or vulnerable person or the crime was done with the intent of forwarding gang activity, there are enhancements which can make the crime non-probationable and greatly increase the sentence.
Criminal Defense for Robbery
Robbery is a very serious offense in Nevada. You will want, and you need, an experienced criminal defense attorney will be able to help you and your legal needs. Many people investigated for or charged with serious crimes make the mistake of thinking their situation isn’t as bad as it potentially is. While you are certainly entitled to a public defender to be appointed to you if you are accused of a serious allegation like a Robbery charge in Las Vegas, you don’t have the benefit of choosing which public defender will represent you. If you want to ensure that you have an experienced criminal defense attorney in your corner, you have a constitutional right to retain the counsel of your choice. If you or someone you know has been arrested or charged with this offense a call to former Chief Deputy District Attorney Josh Tomsheck is one of the best decisions you can make. Las Vegas Criminal Lawyer Josh Tomsheck has a wealth of experience handling all types of robbery charges and all other serious felonies.
For more information about the charge and defense of battery in Las Vegas, call the law firm of Hofland & Tomsheck right away to schedule your free consultation. (702) 895-6760.