NRS § 205.220 – Grand Larceny – Nevada Law & Penalties

Nevada NRS § 205.220 defines the crime of (felony) grand larceny as intentionally stealing someone else’s property worth $1,200.00 or more. If the value of the property is less than $1,200.00, the offense would be the lesser crime of misdemeanor petit (petty) larceny.

Grand larceny is a serious crime that encompasses various forms of theft, including

• physical taking,
• embezzlement, or
• obtaining money or goods by fraud.

Grand larceny (of property between $1200.00 and $5000.00 in value) is a category D felony with a sentence of 1 to 4 years in prison and up to $5000.00 in fines.

Examples

Common examples of grand larceny include:

• taking money or goods from a store (shoplifting),
• using an ATM to withdraw another person’s money without that person’s permission,
• stealing furniture or other articles from a hotel room, or
• stealing someone else’s farm animals.¹

Establishing Value of The Property

There are many ways prosecutors determine whether the value of allegedly stolen property amounts to or exceeds $1,200. They may look to

• price tags,
• current market value, and/or
• expert testimony.

In the end, courts will generally attribute to the property the highest reasonable value.²

Penalties

The sentence for grand larceny depends on the value of the property that you were accused of taking:

Value of stolen property	Grand larceny punishment
$1,200 to less than $5,000	category D felony 1 – 4 years in Nevada State Prison, and restitution payments, and $5,000 fine (at the judge’s discretion)
$5,000 to less than $25,000	category C felony 1 – 5 years in Nevada State Prison, and restitution payments, and $10,000 fine (at the judge’s discretion)
$25,000 to less than $100,000	category B felony 1 – 10 years in Nevada State Prison, and restitution payments, and $10,000 fine
$100,000 or more	category B felony 1 – 20 years in Nevada State Prison, and restitution payments, and $15,000 fine

Because violating NRS 205.220 is a felony, you must wait at least 5 years after the case ends to get a criminal record seal of the conviction.

Defenses

Grand larceny is one of the most common charges we defend against at Las Vegas Defense Group. In our experience, we can often get the case dismissed outright or reduced to a lesser charge by showing that:

• You owned the property,
• You had no intent to steal,
• The property was worth less than $1,200, and/or
• Law enforcement obtained evidence through an unlawful search and seizure

Grand Larceny v. Petty Larceny

The following table compares grand larceny and petty larceny laws in Nevada:

	Petit Larceny	Grand Larceny
Definition	Theft of property valued at less than $1,200	Theft of property valued at $1,200 or more
Classification	Misdemeanor	Felony
Potential Penalties	Up to 6 months in county jail Fine up to $1,000 Restitution	1 to 20 years in state prison Fine up to $15,000 Restitution
Intent Requirement	Intent to deprive the owner of the property	Intent to deprive the owner of the property
Defenses	Claim of right Lack of intent Mistaken identity Consent of owner	Claim of right Lack of intent Mistaken identity Consent of owner Dispute over property value
Statute of Limitations	1 year from the date of the offense	3 years from the date of the offense

As long as the district attorney has insufficient evidence to prove guilt beyond a reasonable doubt, criminal charges should not be sustained.

In this article, our Las Vegas theft defense lawyers discuss:

• 1. What is considered grand theft in Nevada?
• 2. Can I go to jail?
• 3. What is the minimum sentence?
• 4. What amount of theft is a felony?
• 5. Can the charge be reduced or dismissed?
• 6. How do I fight NRS 205.220 charges?
• 7. When can I seal the case?
• 8. Can I get deported?
• 9. Grand larceny versus other larceny offenses
• 10. Related Nevada theft offenses
• 11. What’s the difference between grand theft and grand larceny?
• Additional Reading

1. What is considered grant theft in Nevada?

Grand theft in Nevada is stealing cash or property valued at $1,200 or more on purpose. Shoplifting $1,200 or more of merchandise is prosecuted as grand theft (formally called “grand larceny”).

2. Can I go to jail?

The sentence for a grand theft conviction depends on the value of the allegedly stolen property: ³

If the Value Is $1,200 to Less Than $5,000

Category D felony:

• restitution of the items allegedly stolen, and
• one to four (1 – 4) years in prison, and
• up to $5,000 in fines (at the judge’s discretion)

If the Value Is $5,000 to Less Than $25,000

Category C felony:

• restitution of the items allegedly stolen, and
• one to five (1 – 5) years in prison, and
• up to $10,000 in fines (at the judge’s discretion)

If the Value Is $25,000 to Less Than $100,000

Category B felony:

• restitution of the items allegedly stolen, and
• one to ten (1 – 10) years in prison, and
• up to $10,000 in fines (at the judge’s discretion)

If the Value Is $100,000 or More

Category B felony:

• restitution of the items allegedly stolen, and
• one to twenty (1 – 20) years in prison, and
• a fine of up to $15,000

As a felony, violating NRS 205.220 carries other long-term consequences: A conviction may bar you from owning a firearm or voting.⁴ It also may disqualify you from job opportunities.

3. What is the minimum sentence?

Because grand larceny is a felony in Nevada, the minimum sentence is one year in state prison. In our experience, it is often possible to persuade the court to order probation instead of prison.

4. What amount of theft is a felony?

A common question is How much theft is a felony? Wrongfully taking money or property worth $1,200 or more is prosecuted in Nevada as a felony – formally called “grand larceny.”

See our related article, What is the sentence for grand theft in Nevada?

5. Can the charge be reduced or dismissed?

In many cases, yes. We have a decades-long track record of getting grand theft charges reduced to petty larceny or full dismissals.

If you have no prior criminal record and pay full restitution, you have the best chance of getting the charges ultimately dropped or lessened to a misdemeanor.

6. How do I fight NRS 205.220 charges?

A sampling of the defense strategies that we use to get Nevada grand theft cases dismissed or reduced include showing that:

1. You owned the property,
2. You lacked any intent to steal,
3. The property was worth less than $1,200, and/or
4. The police search was unlawful

Note that it is not a defense to theft charges that you were caught before you could leave the premises with the property.

The Property Belonged to You

It is impossible to steal property that belongs to you. Sometimes questions of ownership become complicated when more than one person owns a particular item, or if a person uses aliases.

Example: Neighbors Hal and Henry co-own a lawnmower. One day Hal takes the lawnmower from Henry’s carport to use it on Hal’s lawn. Angry Hal did not ask permission first, Henry calls the police to have him arrested for grand larceny. Though since Hal co-owned the lawnmower, the most Hal can get cited for is trespassing on Hal’s property.

In these cases, we use such evidence as receipts, invoices, deeds, etc. to show that you reasonably believed you were the rightful owner. As long as we can raise a reasonable doubt about ownership, the grand larceny charges should be dropped.

You Lacked Intent to Steal

Mistakenly taking another person’s property is no crime.

Example: After flying into Las Vegas, Jeb absent-mindedly takes the wrong suitcase from the carousel. The suitcase’s owner is furious and insists the police arrest Jeb. Though when the officers realize that Bill simply made a mistake because the suitcases looked alike, the officers let him go without being arrested.⁵

In our experience, arguing that you had a “lack of intent to steal” is the most effective defense to grand theft charges. This is because intent is not something visible or concrete, and the D.A. can never definitively prove what was inside your head.

In these cases, we compile all the circumstantial evidence available such as recorded communications, eyewitness accounts and surveillance video in an effort to show that there is reasonable doubt as to your intent.

The Property was Worth Less than $1,200

You could be wrongly charged with grand theft instead of petit larceny.

Example: Betsy steals Jan’s necklace, which Jan claims is an heirloom worth thousands of dollars. Though independent appraisers value it at only $300, and similar necklaces are selling for only $300. Therefore, the D.A. drops Betty’s grand theft charge down to petty larceny.

When the fair market value of the allegedly stolen items are at issue, we can ask the court to use independent appraisers. In many cases, getting a second opinion shows that the actual value is far lower than what the state claims.

The Police Conducted an Illegal Search

The Fourth Amendment protects against unreasonable searches and seizures. In reality, the police do not always follow the rules when they hunt for evidence. Sometimes they neglect to get a warrant when one is necessary, or the warrant they get may be invalid.

Whenever the police find evidence through an unlawful search, we immediately make a motion to suppress the evidence. If the court grants the motion, the D.A. may be left with too weak of a case to continue prosecuting.⁶

In any larceny case, we would gather all available evidence, review the relevant statutes and latest case law, file any necessary documents and motions with the court, and craft the most effective strategy while protecting your constitutional rights.

The ultimate goal is to do everything possible in an effort to get the charges dropped, negotiate a favorable plea bargain, or litigate the case until the trial ends with an acquittal.

7. When can I seal the case?

There is a five (5) year waiting period after the case closes before you can pursue a record seal for a grand theft conviction.⁷

Note that the waiting period reduces drastically if the charge gets reduced or dismissed:

Potential results of a grand larceny case in Nevada	Wait-time for criminal record seal
Dismissal or acquittal (no conviction)	No wait-time8
Reduction to a misdemeanor (such as petty larceny)	1 year after case closes
Reduction to a gross misdemeanor (such as possession of burglary tools)	2 years after case closes
Guilty verdict or guilty plea to grand larceny (no reduction or dismissal)	5 years after case closes9

Employers are much more likely to pass over job applicants with theft offenses on their background checks than those with clean records. So anyone with criminal records is encouraged to explore getting a seal as soon as it is available to improve their employment prospects.

8. Can I get deported?

Larceny falls under not one but two classes of deportable offenses:

1. crimes involving moral turpitude,¹⁰ and
2. aggravated felonies (if you were sentenced to one (1) year or more in prison)¹¹

Therefore, immigrants arrested for grand theft should seek legal counsel immediately to try to get the charge dismissed or changed to a non-removable offense.

9. Grand larceny versus other larceny offenses

Nevada theft offense	Difference from the crime of grand larceny
Petty larceny (NRS 205.240)	The only difference between grand larceny and petty (petit) larceny is the value of the allegedly stolen goods. Stealing items worth less than $1,200 is petty larceny, which is always a misdemeanor.
Grand larceny of a motor vehicle (NRS 205.228)	As it sounds, this crime applies to auto thefts. It is always prosecuted as a felony regardless of the car’s worth.
Grand larceny of a firearm (NRS 205.226)	As it sounds, this crime applies to stealing guns. It is always prosecuted as a felony regardless of the gun’s worth.
Burglary (NRS 205.060)	Burglary is the act of entering any building, vehicle, or structure with the intent to commit certain crimes…such as larceny…while inside. In contrast, grand larceny is not limited to indoors. People may be convicted of violating NRS 205.220 even if they do not form an intention to steal until they are inside.
Larceny from a person (pick-pocketing) (NRS 205.270)	As it sounds, this crime applies to stealing money or items from another person without force or threats. Victims are typically unaware they are being stolen from until after it happens. If the property is not on or being carried by a person, then stealing the property is grand larceny.

10. Related Nevada theft offenses

Nevada theft offense	Definition
Robbery (NRS 200.380)	Using physical force or verbal threats to steal someone’s property qualifies as robbery.
Possession of stolen property (NRS 200.275)	Knowingly possessing stolen property is just as illegal as knowingly stealing another’s property.
Possession of lost property (NRS 205.0832(d))	Finders cannot be keepers unless the finders take reasonable measures to search for the lost property’s owner.
Embezzlement (NRS 205.300)	People entrusted with another’s property who then fail to return it face embezzlement charges. Not returning a rented car is an example.
Bait-purse theft (NRS 205.0832(d))	In Las Vegas, police searching for thieves routinely plant “lost” purses and wallets in public areas such as casinos.
Mail theft (AB 272 (2023))	Stealing mail is always a category D felony carrying 1 to 4 years in prison, up to $5,000 in fines, and restitution.

11. What’s the difference between grand theft and grand larceny?

Grand theft and grand larceny mean the same thing in Nevada – stealing $1,200 or more worth of money or property.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Larceny by Mistake. A Comedy of Errors – Modern Law Review.
• Criminal Law: Distinction between Larceny and Embezzlement – California Law Review.
• Criminal Law—Larceny—Criminal Intent – Buffalo Law Review article about the state of mind necessary for a theft conviction.
• The Value of the Subject Matter of Larceny – Dickinson Law Review.
• Larceny – What Is Crime Of – Instructions – Crim. L. Mag. & Rep.

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 Legal References