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August 28, 2020

The Difference Between Robbery and Larceny

Person stealing alcohol and committing larceny

The difference between robbery and larceny is significant and should not be overlooked by anyone who has been charged with either. While robbery and larceny are often used interchangeably, they refer to two different types of theft. In some cases, a defendant might even be charged with both, which can lead to stiffer penalties and a longer sentence upon conviction. Knowing the difference between the two is key to mounting the best defense possible for yourself or your loved one.

Have you been charged with robbery or larceny in Henderson, NV?
Get in touch with a Criminal Lawyer today at 702-565-0473

What Exactly is a Robbery Charge in Nevada?

In the state of Nevada, robbery refers to the forceful and willful deprivation of another’s possessions without their consent and while in their presence. There are two key components of the robbery definition that differentiate it from other types of theft. The first is the use of force, intimidation, or the threat of force by the offender in order to steal. The other is that robbery occurs in the presence of the victim.

Types of Robbery Charges

There are several different types of robbery charges that cover the unique circumstances in which one can occur. A robbery that involves additional heinous circumstances or a weapon could be categorized as an aggravated and potentially armed robbery. Other types of robbery, such as carjackings, highway robbery, and bank robbery, include additional punishments due to the circumstances or unique class of people that are victimized.

Robbery Sentences in Nevada

A robbery charge is a Class B felony in Nevada and carries a mandatory sentence of anywhere from a minimum of 2 to a maximum of 15 years in prison. An additional charge of armed robbery can add anywhere from 1 to 15 years to a sentence and may not be served concurrently with a robbery charge.

What Exactly is a Larceny Charge in Nevada?

In the state of Nevada, larceny refers to the deliberate act of stealing, carrying away, or even scaring away someone else’s property. Larceny is a specific type of theft and does not involve the use or threat of force or intimidation. It also involves a physical element and may involve goods, money, or even livestock. 

Types of Larceny Charges

There are two types of larceny charges in the state of Nevada: petit larceny (petty theft) and grand larceny (grand theft). Petit larceny is a misdemeanor and refers to cases where the value of goods stolen by the accused does not exceed in value $1,200. Grand larceny is a Class B felony in Nevada and involves cases of theft greater than $1,200. Burglary is a separate crime from larceny that occurs when a person enters a structure or a larger vehicle, such as a plane or a train, with the intent to commit a crime within it.

Larceny Sentences in Nevada

A person convicted of petit larceny in Nevada will face up to a $1,000 fine and possibly up to 6 months in jail. Grand larceny convictions are divided into four different parts based on the dollar value of the property that was stolen. The sentences for each category are as follows: 

  • Under $5,000: Cases where less than $5,000 in property was stolen are considered category D felonies. They are punished according to NRS 193.130 and carry a minimum of one year in prison and a maximum of four years with a potential fine of up to $5,000.
  • From $5,000 to less than $25,000: Cases where less than $25,000 but more than $5,000 in property was stolen are considered category C felonies. They are punished according to NRS 193.130 and carry a minimum of one year in prison and a maximum of five years with a potential fine of up to $10,000. 
  • From $25,000 to less than $100,000: Cases where less than $100,000 but more than $25,000 in property was stolen are considered category B felonies. They carry a minimum sentence of one year in prison and a maximum of 10 years along with a fine not to exceed $10,000.
  • $100,000 and higher: Cases where $100,000 or more was stolen are considered category B felonies and carry a minimum sentence of one year and a maximum of 20 years and a potential fine not exceeding $15,000.

What Is the Difference Between Robbery and Larceny?

The difference between robbery and larceny is that robbery involves the use or threat of force while larceny doesn’t. Larceny is what is known as a lesser-included offense for a robbery charge. This means that in order for someone to be charged with robbery, they necessarily committed larceny, but someone who commits larceny did not necessarily commit robbery. A judge might try someone for both charges or combine them. Additionally, a person might be charged with robbery when they should only have been charged with larceny.

Do You or a Loved One Have a Robbery or Larceny Charge in Henderson, NV?

Robbery and larceny are serious charges and bring serious penalties that can have long-term repercussions. If you or a loved one have been charged with robbery or larceny in Henderson, NV, it’s vital that you speak with a criminal defense lawyer as soon as possible. An experienced defense lawyer will be key to preparing the best possible defense on your or your loved one’s behalf. Contact Marchiano Law today to set up your free consultation.