Las Vegas Robbery Laws
Robbery involves the unlawful taking of personal property from another person with or without contact by use of “force, violence, and threats.” See NRS 200.380.
General Intent Crime
- Robbery requires only a general criminal intent to act.
- A taking is by means of force or fear of force is used to: (a) obtain or retain possession of the property; (b) prevent or overcome resistance to the taking; or (c) facilitate escape.
- The scope of the statute is expansive to ensure that victims are protected from any use of force or fear of injury during a continuous sequence of events in the theft of property.
- Unlike with a larceny, the value of the property taken is not an element of the crime of robbery.
The Fear Must be Reasonable
The fear required for robbery is subject to an objective reasonableness test i.e., threatening words or gestures which is likely to create an apprehension of danger and induce a person to part with their property for their own safety.
Conspiracy to Commit Robbery
- A conspiracy is “an agreement between two or more persons for an unlawful purpose.”
- A person who knowingly does any act to further the object of a conspiracy, or otherwise participates therein, is criminally liable as a conspirator.
Related and Lesser Included Offenses
- You can be convicted for both assault and robbery even if they occur during a single course of criminal conduct.
- Assault with use of a deadly weapon occurs when a person uses a deadly weapon to intentionally place the victim “in reasonable apprehension of immediate bodily harm.”
- The fact that a weapon is used to commit the robbery does not make the separate crimes redundant as each statute is intended to punish different behavior.
- Robbery is a crime relating to theft whereas Assault is a crime relating to fear.
- A good faith belief of a right or claim to the property taken is not a defense e., OJ Simpson was convicted for taking back his sports memorabilia.
- The taking by force of a person’s wallet, keys, and cell phone to prevent the victim from driving away constitutes Coercion. See NRS 207.190. This is Category B Felony punished by imprisonment of 1 – 6 years.
- Larceny is the unlawful taking of property without the use of fear.
A Consecutive Enhancement if the Victim is 60 Years of Age or Older or Vulnerable
- The legislature increased the penalties if the robbery is committed against an older person in an effort to deter crimes against vulnerable people because of their frailty. NRS193.167
- The victim is 60 years of age or older or if the person is over 18 years of age and considered “vulnerable” due to physical or mental incapacitation or has one or more physical or mental limitations that restrict the ability of the person to perform the normal activities of daily living. See NRS 200.5092(7)
- This enhancement of 1 to 20 years imprisonment is consecutive to the robbery charge making you ineligible for probation.
Deadly Weapon Enhancement (Armed Robbery)
- A deadly weapon is any instrument that is designed and constructed to cause substantial bodily harm or death. e., Gun, Knives, etc.
- A deadly weapon may also include an object that is not normally deadly, but can cause serious injury or death when used inappropriately. e., rock, tools, etc.
Penalties of Robbery and Armed Robbery
- Robbery is punishable by a category B felony and carries 2 to 15 years of imprisonment but you are eligible to argue for probation
- The deadly weapon enhancement increases the sentence by 1- 20 years and runs consecutively to the sentence for Robbery and making you ineligible for probation. NRS 193.165
- A sentencing court may not impose consecutive enhancement penalties under NRS 193.165(deadly weapon) and NRS 193.167 (vulnerable victims) for the same offense.
Seek Help from a Criminal Defense Attorney
An experienced Las Vegas defense attorney can help you develop the best defense to successfully resolve a Robbery case and related charges. Contact one today for a consultation to further discuss your case.