In Nevada, there is no specific statute for the crime of carjacking. Instead, robbing a victim of a motor vehicle can be prosecuted as
A conviction for any one of these carjacking-related offenses may result in Nevada State Prison time.
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. What is carjacking in Nevada?
- 2. Can I go to prison for carjacking?
- 3. How can I fight the charges?
- Additional reading
1. What is carjacking in Nevada?
The legal definition of carjacking in Las Vegas, Nevada, is the criminal taking of a motor vehicle from its driver by force, violence, or intimidation.1
Unlike California law, Nevada law does not have a specific carjacking statute. Instead, carjacking is a “cluster” of related crimes. If you are a carjacking suspect, you face charges for one or more of the following six offenses depending on the circumstances:
- Grand larceny of a motor vehicle (NRS 205.228): Stealing – or attempting to steal – a motor vehicle.
- Robbery (NRS 200.380): An unlawful taking through the use of force, violence, or intimidation.
- Assault with a deadly weapon (NRS 200.471(2)(b)): Using a deadly weapon such as a gun to place someone in fear of immediate bodily harm.
- Battery (NRS 200.481): An unlawful use of force on a person, such as punching or grabbing.
- Murder (NRS 200.030): Deliberately killing a person.
- Attempted murder: Trying – and failing – to kill a person.2
Because carjacking is a violation of federal law in addition to state law, you also face charges for the federal crime of carjacking in addition to – or instead of – state charges.3
Carjacking can occur anywhere from remote parking lots to crowded highways like Interstate 15.
2. Can I go to prison for carjacking in Nevada?
Yes. The length of the entire sentence depends on which crime(s) you get convicted of.
| Carjacking crime | Nevada penalties |
| Auto-theft | First offense:
Second offense (in five years)
|
| Robbery | Category B felony:
If you used tear gas or a deadly weapon, there is an additional sentence of 1 to 15 years. The judge may not grant a suspended sentence.5 |
| Assault with a deadly weapon | Category B felony:
|
| Battery | Battery can be a misdemeanor or a felony depending on whether you caused substantial bodily harm or used a deadly weapon.7 |
| Murder | Murder is a category A felony. Depending on the circumstances, the sentence can range from 25 years in prison to life in prison or even the death penalty.8 |
| Attempted murder | Category B felony:
If you used a deadly weapon – or if the victim was at least 60 years old – the judge may impose an additional sentence of 1 to 20 years.9 |
Note if federal prosecutors press carjacking charges, you face the following felony penalties:
- Up to 15 years in Federal Prison and/or a fine if no serious injury or death occurs; or
- Up to 25 years in Federal Prison and/or a fine if serious bodily injury occurs; or
- Life in Federal Prison if the victim dies.10
Carjackings in 2022 were up 8.1% from 2021, and nine out of ten involved a weapon (FBI’s 2022 crime report).
3. How can I fight the charges?
Here at Las Vegas Defense Group, we have represented literally thousands of people charged with carjacking. In our experience, the following five defenses have proven very effective with prosecutors, judges, and juries.
- You were misidentified out of a lineup. Many carjackings happen at night by suspects wearing masks, and victims may be unable to identify the correct suspect – especially if they are being pressured by impatient police officers from the Las Vegas Metropolitan Police Department (LVMPD) or Nevada Highway Patrol (NHP). In many cases we can use surveillance video and your phone’s GPS data to show you were nowhere near the scene of the carjacking.
- The police coerced your confession. Police are not allowed to use illegal interrogation techniques to extract confessions, such as by denying you food, water, or sleep. Here, we can use the police’s own bodycam footage against them to show your rights were violated and to get your confession thrown out as evidence.
- You were falsely accused. Perhaps someone wanted to get you in trouble and filed a false police report. When this happens, we compile evidence that impeaches the accuser’s credibility (such as their own text messages or eyewitness accounts). Once prosecutors see the accuser’s motivation to lie, they may dismiss your charge.
- You were lawfully given the car. Perhaps the car owner misunderstood the situation and wrongly thought you stole it. Often we can find text messages, voicemails, or other recorded communications that clearly indicate you had legal possession of the vehicle.
- The police conducted an illegal search and seizure. We have seen many cases where police lacked a valid search warrant, and they had no justifiable reason to conduct a warrantless search. In this situation, we ask the judge to suppress any evidence the police may have found through their unlawful search – which can include the car itself. If the judge agrees, the D.A. may be forced to drop the charge for lack of proof.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Carjacking – United States Attorneys’ Bulletin.
- Carjacking and its consequences: A situational analysis of risk factors for differential outcomes – Security Journal.
- Perceived Sanction Threats and Projective Risk Sensitivity: Auto Theft, Carjacking, and the Channeling Effect – Justice Quarterly.
- Carjacking: Scope, Structure, Process, and Prevention – Annual Reviews of Criminology.
- “It takes skills to take a car”: Perceptual and procedural expertise in carjacking – Aggression and Violent Behavior.
Legal References
- See, for example, Calambro v. State (1995) 111 Nev. 1015, 900 P.2d 340. See, for example, Summers v. State (2006) 122 Nev. 1326, 148 P.3d 778.
- NRS 200.030.
- 18 USC 2119 – The Anti-Car Theft Act of 1992.
- NRS 205.228.
- NRS 200.380. NRS 193.165.
- NRS 200.471(2)(b).
- NRS 200.481.
- NRS 200.030.
- NRS 200.030.
- 18 USC 2119.