In the state of Nevada, robbery is a serious charge that can lead to severe consequences if one is convicted. Under Nevada Revised Statutes 200.380, robbery is defined as unlawfully taking property from another person using violence, force, or the threat of injury. This broad definition covers various scenarios from a mugging on the street to holding up a store cashier at gunpoint. But what happens if you find yourself facing such charges? What are your rights, and what defenses do you have? At ATAC LAW, we’re here to shed light on these questions and guide you through the complexities of NRS 200.380 – Robbery in Nevada, including its potential penalties and how to fight these charges.
What Constitutes Robbery under Nevada’s Statute NRS 200.380?
In Nevada, there’s a law (NRS 200.380) that explains exactly what robbery is. It’s a bit like if someone takes something right from you, not just sneaking it away, but using force or making you scared enough to give it to them. This could be anything from scaring someone so they give up their wallet, to physically grabbing a bag out of their hands. And it doesn’t matter if the person doing the “scaring” or grabbing is threatening you, your family, or anyone hanging out with you at the time.
What makes robbery different from other crimes like breaking into a house (burglary) or quietly stealing something when no one is looking (larceny), is the use of force or making someone feel afraid for their safety.
Let’s put it simply:
- Robbery is when someone takes something directly from you by making you scared or using force.
- Burglary is sneaking into a place (like a house or car) to do something illegal inside—it doesn’t have to involve stealing.
- Larceny is taking something without permission, but without scaring or forcing the person – like quietly sneaking a candy bar into your pocket at a store.
Think of it like this: If Mark decides to scare someone into giving him their phone, that’s robbery. But if he sneaks into an empty room to take the phone without anyone seeing, it’s not robbery under this law. Robbery, therefore, is uniquely categorized as a violent transgression against a person, whereas both burglary and larceny are specified as nonviolent property crimes.
What Are the Legal Consequences of Committing Robbery in Nevada?
In Nevada, the penalties for robbery hinge largely on the presence and use of weapons during the commission of the crime. For a robbery without the use of tear gas or a deadly weapon, the offender faces a prison sentence ranging from 2 to 15 years. In circumstances where the court deems it appropriate, the judge might offer probation or a suspended sentence, giving the offender an opportunity to avoid time in prison under certain conditions.
On the other hand, robbery involving tear gas or a deadly weapon—often referred to as aggravated or armed robbery—triggers more stringent penalties. This type of robbery results in an additional 1 to 15 years in prison, which must be served consecutively after the initial sentence. For armed robbery, the possibilities of probation or suspended sentences are generally off the table, indicating the gravity with which the law views the use of weapons in criminal activities.
Deadly weapons are defined broadly under Nevada law, encompassing not just firearms and knives, but also objects that might not traditionally be considered weapons like pipes, bricks, and even broken glass. The intent and capability to cause death or serious harm with these objects classify them as deadly.
When presiding over these cases, judges take into account several critical factors:
- The specific details and nature of the robbery
- The defendant’s previous criminal records, if any
- The psychological and emotional impact on the victim, such as potential post-traumatic stress
- Any mitigating circumstances that could partly excuse the defendant’s actions, such as a difficult upbringing
- Any other pertinent information that could influence the sentencing
It’s important to note that the presence of a weapon, even if not actively used during the crime, can intensify the charges. For example, imagine an individual named Michael, working as a store clerk, is confronted by a robber who subtly reveals a concealed weapon during the robbery. This act alone, despite the weapon not being physically brandished, suffices to escalate the robbery to an armed category due to the increased fear and threat experienced by the victim.
If, alternatively, the weapon was completely hidden and unperceived by the victim, a defense attorney might argue against the imposition of the enhanced penalties, emphasizing that the mere possession of a weapon does not equate to its use.
If someone tries but fails to commit a robbery using violence, force, or by instilling fear of harm, it’s considered attempted robbery. This act falls into the category B felony class, carrying serious legal consequences. Specifically, those found guilty of attempted robbery can expect a prison sentence ranging from 1 to 10 years. Moreover, if a weapon was involved in the attempt, the court may impose an additional sentence of up to 10 years, depending on the circumstances.
Can a Robbery Charge Affect Your Immigration Status?
For non-citizens in the United States, being charged with robbery can have far-reaching implications beyond criminal penalties—it may also jeopardize their ability to stay in the country. Given that robbery is considered a deportable offense, it’s vital for individuals facing such charges to seek legal counsel without delay.
Can You Defend Yourself Against Robbery Charges?
Facing robbery charges can be daunting, but there are several defenses that could lead to a reduction or dismissal of the charges. Understanding these defenses is crucial, especially in scenarios where misidentification, absence of force or intention, or police misconduct come into play.
1. Were You Wrongly Identified?
A common defense in robbery cases revolves around misidentification. Given the chaotic nature of robberies, often involving masks and happening swiftly, victims might struggle to accurately identify the perpetrator. This ambiguity, especially with low-quality surveillance footage, can be a pivotal factor. Creating reasonable doubt regarding your identification as the assailant could lead to charges being dropped.
2. Was Force or Fear Used?
Robbery charges require the use of force or the instigation of fear to steal. A scenario where an item is taken without the victim’s awareness might be classified differently. For instance, if a person named Alex finds their phone missing and tracks it to someone who served them earlier, but surveillance shows the item was taken without their knowledge, charges could shift from robbery to larceny, carrying milder consequences.
3. Did the Alleged Incident Involve an Actual Theft Attempt?
A crucial element of robbery involves either taking or attempting to take something. Merely intimidating or scaring someone without intending to or actually taking anything doesn’t constitute robbery. Consider a situation where Chris intimidates someone in an alley but walks away without taking offered valuables. Although initially charged with attempted robbery, proving no theft was attempted could downgrade the charge to simple assault—a considerably lesser offense.
Can You Get a Robbery Conviction Sealed in Nevada?
If you’ve been convicted of robbery in Nevada, you must wait 10 years before you’re eligible to have the record sealed. Successfully navigating this legal procedure can give you a fresh start without the burden of a past conviction affecting your opportunities. On the other hand, if your robbery case was dismissed, you have the chance to seal those records right away. However, note that the sealing process is not instant and could take several months to complete.
Navigating robbery charges often involves dissecting the specifics of the incident, exploring the validity and legality of evidence, and, importantly, understanding the nuances of criminal law. Consulting with a skilled attorney such as those in ATAC LAW can significantly impact the outcome, potentially leading to charges being reduced or dropped altogether.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.