Grand Larceny – NRS 205.220

Overview

Grand larceny is a serious property crime defined under Nevada Revised Statute (NRS) 205.220. This law addresses the unlawful taking of another person’s property with the intent to permanently deprive them of it, specifically when the value of the property exceeds a certain threshold. Understanding the implications of this statute is essential for individuals accused of this crime, as well as for victims and legal professionals.

Definition of Grand Larceny

Under NRS 205.220, “grand larceny” refers to the unlawful taking and carrying away of someone else’s property with the intent to permanently deprive the owner of that property. Key components of the law include:

1. Value of Property: The property taken must have a value exceeding $1,200. This threshold distinguishes grand larceny from petty larceny, which involves property valued at $1,200 or less.
2. Intent to Deprive: The accused must have intended to permanently deprive the owner of the property, indicating that the taking was not merely temporary.
3. Possession and Control: The act of larceny involves taking property from the possession or control of another person without their consent.

Legal Requirements for Prosecution

To secure a conviction for grand larceny under NRS 205.220, the prosecution must prove several elements beyond a reasonable doubt:

1. Taking of Property: The prosecution must establish that the accused took possession of the property belonging to another person.
2. Value Exceeds Threshold: It must be shown that the value of the property taken exceeded $1,200.
3. Intent to Deprive: The prosecution must demonstrate that the accused acted with the intent to permanently deprive the owner of their property.

Related Offenses

Grand larceny is related to several other offenses, including:

• Petty Larceny – NRS 205.240: Involves the unlawful taking of property valued at $1,200 or less, which is charged as a misdemeanor.
• Burglary – NRS 205.060: Involves entering a building with the intent to commit theft or another crime inside.
• Robbery – NRS 200.380: Involves taking property from a person through force or intimidation, which is a more serious offense than larceny.

Examples of Grand Larceny Offenses

To illustrate how NRS 205.220 is applied, consider these examples:

• Example 1: An individual shoplifts several high-end items from a retail store, and the total value of the stolen items exceeds $1,200. This act can lead to charges of grand larceny.
• Example 2: A person takes a vehicle belonging to another individual without permission, knowing that the car’s value is well above the $1,200 threshold. This behavior constitutes grand larceny.

Penalties for Grand Larceny

The penalties for committing grand larceny under NRS 205.220 can be severe:

• Category D Felony: Grand larceny is typically charged as a Category D felony, which carries:
  • Imprisonment: 1 to 4 years in the Nevada Department of Corrections.
  • Fines: Up to $5,000.
• Enhanced Penalties: If the individual has prior convictions for theft or if the theft involved certain aggravating factors (e.g., the property stolen was a firearm), the penalties may be increased.

Defenses Against Grand Larceny Charges

If you are facing charges for grand larceny under NRS 205.220, several defenses may apply:

1. Lack of Intent: Demonstrating that there was no intent to permanently deprive the owner of their property can be a strong defense. If the accused can show that they intended to return the property, this may mitigate liability.
2. Value Dispute: If the accused can prove that the value of the property taken is less than $1,200, this can lead to a charge of petty larceny instead, which is a misdemeanor.
3. Mistaken Identity: If the accused can prove that they were not the person involved in the alleged theft, this can lead to dismissal of charges.
4. Consent: If the accused believed they had permission to take the property, this can serve as a valid defense.

The Importance of Legal Representation

Navigating the complexities of grand larceny charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling theft-related cases equips him to provide a robust defense against charges under NRS 205.220.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving grand larceny.

Understanding Your Rights

If you are accused of grand larceny, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against grand larceny charges under NRS 205.220 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.