I have been a lawyer for over 30 years right here in Nevada. My team and I have won awards, but what matters most is that we help people. We help good people who find themselves in bad situations in Las Vegas, Henderson, and North Las Vegas.
We handle Criminal Defense and Family Law. Today, I want to talk to you about something that scares a lot of my clients: Theft.
Imagine you are at a store. You make a mistake at the self-checkout. Or maybe you made a bad choice in the heat of the moment. Suddenly, security is there. Police are called. You are terrified.
You might be asking: “Am I going to jail?” “Is this a felony?” “Will I lose my job?”
The answer depends on one big thing: Value.
In Las Vegas, the difference between a small slap on the wrist (Petit Larceny) and a serious felony (Grand Larceny) often comes down to a single dollar amount.
I wrote this guide to help you understand the law. I want to explain the difference between Grand Larceny and Petit Larceny in a way that is easy to understand. No big lawyer words. just the facts.
Key Takeaways
- The Magic Number is $1,200: If you steal something worth less than $1,200, it is usually a misdemeanor (Petit Larceny). If it is $1,200 or more, it is a felony (Grand Larceny).
- Penalties are Serious: Grand Larceny can send you to prison for years. Even Petit Larceny can leave you with a criminal record that hurts your chances of getting a job.
- Intent Matters: The prosecutor must prove you meant to steal. Accidental theft (like forgetting to scan an item) is not a crime.
- Experience Counts: Fighting these charges requires a lawyer who knows the local judges and prosecutors in Clark County.
- Don’t Wait: The sooner you call us, the sooner we can start building your defense.
What Is Larceny Under Nevada Law?
First, let’s look at what the word “Larceny” means. It is just a fancy legal word for stealing.
According to Nevada law (NRS 205.220 and NRS 205.240), larceny happens when a person intentionally takes someone else’s property without permission. They take it because they want to keep it or deprive the owner of it.
This can happen in many ways:
- Shoplifting from a store like Walmart or Target.
- Taking money from a cash register at work.
- Taking a package off a neighbor’s porch.
- “Borrowing” a car and never bringing it back.
In Las Vegas, we see tourists and locals alike get charged with this. Sometimes it is a misunderstanding. Sometimes it is a one-time mistake. But the law is very strict.
The most important thing to know is that Nevada divides theft into two main buckets based on how much the stolen items are worth.
What Is Petit Larceny in Las Vegas? (The Misdemeanor)
Petit Larceny (sometimes called Petty Theft) is the smaller charge. “Petit” is a French word that means “small.”
You face this charge if the value of the property stolen is less than $1,200.
Examples of Petit Larceny
- Stealing a pair of shoes worth $100.
- Taking a phone charger from a gas station.
- Eating food in a grocery store and not paying for it.
- Changing a price tag to pay $10 for a $50 item.
The Penalties for Petit Larceny
Even though it is “small,” the punishment can still hurt. In Nevada, Petit Larceny is a misdemeanor.
- Jail: Up to 6 months in the Clark County Detention Center or city jail.
- Fine: Up to $1,000.
- Restitution: You have to pay back the value of what was taken.
- Community Service: The judge might make you work for free to help the community.
A Stat You Should Know: Did you know that shoplifting is one of the most common crimes in our area? According to recent data, many people caught for Petit Larceny are first-time offenders. But here is a stat few people talk about: Employee Theft. According to national retail data, 1 out of every 40 employees was caught stealing from their employer last year. This is often charged as Petit Larceny if the amount is small.
If you are convicted of Petit Larceny, it goes on your record. When you apply for a job, they will see “Theft.” Employers hate seeing theft on a record. It makes them think they can’t trust you with money or keys. This is why my team fights so hard to keep your record clean, even for “small” crimes.
What Is Grand Larceny in Nevada? (The Felony)
Grand Larceny is the big one. This is a felony. In Las Vegas, a felony is very serious. It can take away your right to vote. It can take away your right to own a gun. It can keep you from getting housing.
You face this charge if the value of the property is $1,200 or more.
Note: It used to be $650! A few years ago, the law changed. Now the threshold is higher, which helps some people avoid felony charges. But $1,200 is still easy to reach if you steal electronics or jewelry.
There are different “levels” of Grand Larceny based on how much was stolen.
1. Value between $1,200 and $5,000
- Class: Category D Felony.
- Prison: 1 to 4 years.
- Fine: Up to $5,000.
2. Value between $5,000 and $25,000
- Class: Category C Felony.
- Prison: 1 to 5 years.
- Fine: Up to $10,000.
3. Value between $25,000 and $100,000
- Class: Category B Felony.
- Prison: 1 to 10 years.
- Fine: Up to $10,000.
4. Value of $100,000 or more
- Class: Category B Felony.
- Prison: 1 to 20 years.
- Fine: Up to $15,000.
Special Rules for Guns and Cars: There is a catch! Some items are automatically Grand Larceny, no matter what they are worth.
- Firearms: If you steal a gun, it is always a felony. Even if the gun is cheap.
- Motor Vehicles: Stealing a car is its own special crime (Grand Larceny of a Motor Vehicle).
How Does the Prosecutor Prove Value in a Las Vegas Theft Case?
You might be thinking, “Who decides what the item is worth?” This is a great question. This is often where we fight the hardest for our clients.
The prosecutor has to prove the Fair Market Value.
- If you steal a brand new TV from Best Buy, the value is the price on the sticker.
- If you steal a used laptop from a friend, the value is what that used laptop would sell for today (not what they paid for it 5 years ago).
Why This Matters: Imagine you are accused of stealing a used ring. The owner says, “I paid $1,500 for that ring!” If the prosecutor believes them, you are charged with a Felony. But, what if we hire an expert appraiser? What if the appraiser says, “That ring is old and damaged. It is only worth $800 today.” Boom! The value dropped below $1,200. Now, we can argue to get the charge dropped from a Felony to a Misdemeanor. That saves you from prison time.
At The Law Offices of Michael I. Gowdey, Ltd., we look at every detail. We challenge the numbers. We don’t just accept what the police say.
Can I Go to Jail for a Mistake at Self-Checkout?
I get this call all the time. “Mr. Gowdey, I was at the grocery store. I had a lot of items. I forgot to scan the case of water on the bottom of the cart. Now they are charging me with theft!”
This is a nightmare. But here is the good news: It might not be a crime.
To be guilty of Larceny, you must have Specific Intent. The law says you must intend to steal. Being forgetful is not a crime. Being distracted by your kids is not a crime. Being bad at using the scanner is not a crime.
Self-Checkout Stats: A recent study by LendingTree found that nearly 15% of shoppers admitted to stealing at self-checkout. Because of this, stores like Walmart and Target are watching very closely. They use AI cameras now. However, machines make mistakes. And people make mistakes.
If you made an honest mistake, we can use that as a defense. We can show:
- You paid for $200 worth of other groceries. (Why would you pay $200 just to steal $5 water?)
- You made no attempt to hide the item.
- You have a clean record.
We tell the prosecutor: “This is a misunderstanding, not a crime.”
What Are the Most Common Defenses to Larceny Charges?
When you hire us, we don’t just sit back. We attack the case. We look for holes in the prosecutor’s story. Here are some defenses we use in Las Vegas courts:
1. Lack of Intent
As I mentioned above, if you didn’t mean to steal, you are not guilty. If you thought the item belonged to you, or if you forgot to pay, that is a defense.
2. Ownership
You cannot steal what is yours. Sometimes, in divorces or breakups, one person accuses the other of stealing “their” car or “their” TV. If you bought it together, it might be community property. We handle Family Law cases too, so we know exactly how to handle these disputes.
3. False Accusation
Sometimes people lie. Maybe a boss is trying to cover up their own theft and blames you. Maybe an ex-friend is trying to get revenge. We investigate the witnesses to see if they have a reason to lie.
4. Entrapment
This is rare in shoplifting, but it happens. If a security guard or police officer tricked you or forced you into stealing something you wouldn’t have stolen otherwise, that is entrapment.
5. Constitutional Violations
Did the police search your car without a warrant? Did they stop you without a good reason? If the police broke the rules, we can ask the judge to throw out the evidence. If the evidence is gone, the case is often dismissed.
Why Is It Important to Hire an Experienced Las Vegas Attorney?
You might be tempted to just plead guilty and “get it over with.” Please don’t do that.
A theft conviction stays with you forever unless you seal it. It is a “Crime of Moral Turpitude.” That means it involves dishonesty.
- If you are not a U.S. Citizen, a theft conviction can get you deported.
- If you want a professional license (nurse, doctor, real estate, contractor), a theft conviction can block you.
Why Choose Us? I have been practicing law for over 30 years. My partner and I know the system. We have won multiple awards because we care. We treat you like family. We represent clients in Las Vegas, Henderson, and North Las Vegas. We know that the Henderson Justice Court is different from the Las Vegas Municipal Court. We know what the judges like and what they hate.
When you hire The Law Offices of Michael I. Gowdey, Ltd., you get a team that is:
- Experienced: 30+ years in the game.
- Expertise-based: We know the tiny details of the law.
- Authoritative: We are respected in the courtroom.
- Trustworthy: We tell you the truth, even when it is hard to hear.
Check out our website to see more about what we do: https://gowdeylaw.com/
What Happens During the Booking Process for Larceny?
If you are arrested for Grand Larceny, you will likely be taken to the Clark County Detention Center (CCDC) or a city jail.
- You will be fingerprinted and photographed.
- You will have to pay bail to get out.
If you are cited for Petit Larceny, you might just get a ticket and a court date. Do not miss that court date! If you miss it, the judge will issue a warrant for your arrest.
Pro Tip: If you have a warrant, call us immediately. We can often get the warrant quashed (cancelled) without you having to go to jail.
Can I Get My Theft Charge Sealed in Nevada?
Yes! This is the light at the end of the tunnel. Nevada allows you to seal your criminal record. If you seal your record, it is like it never happened. You can legally say “No” when a job asks if you have been arrested.
However, there is a waiting period.
- Petit Larceny (Misdemeanor): You must wait 1 year after your case is closed.
- Grand Larceny (Felony): You must wait 5 years (for Category D or C) or more.
- Dismissed Cases: You can seal them immediately.
This is why fighting the case is so important. If we can get your Grand Larceny reduced to a Misdemeanor, you can seal your record much sooner. If we can get it dismissed, you can seal it right away.
Key Takeaways
- Know the Difference: Petit Larceny is under $1,200. Grand Larceny is $1,200 and up.
- Intent is Key: It must be intentional. Accidents are not crimes.
- Value Can Be Argued: We can fight the valuation of the stolen items to lower the charges.
- Record Sealing: You can clean your record, but you have to wait.
- Call a Lawyer: Do not face the judge alone. The prosecutor is a professional lawyer; you need a professional lawyer on your side too.
10 Common Questions Asked to Lawyers in Las Vegas About Larceny
Here are the most common questions I hear from folks in our community.
- If I return the stolen item, will the charges be dropped? Not necessarily. The crime happened the moment you took the item. Returning it helps (it shows you are sorry), and it might help us negotiate a better deal, but it does not automatically erase the crime.
- Can I get a felony Grand Larceny reduced to a misdemeanor? Yes, this happens often. If you have a clean record and we can show the judge you are a good person who made a mistake, prosecutors will sometimes agree to reduce the charge to Petit Larceny or even “Trespassing.”
- What is a “Civil Compromise”? In some misdemeanor cases, if you pay the victim back and they agree to drop the charges, the judge can dismiss the case. This is called a Civil Compromise (NRS 178.564). We can help arrange this.
- Will I really go to prison for a first-time Grand Larceny offense? It is possible, but for first-time offenders, probation is more likely. The judge might give you a suspended sentence. This means if you stay out of trouble and pay restitution, you don’t go to prison. However, you still have a felony on your record.
- What if I was just the lookout? In Nevada, if you help someone commit a crime (aiding and abetting), you can be charged with the same crime they are. So yes, the lookout gets charged with Grand Larceny too.
- Can I be charged with Larceny for finding lost property? Yes. If you find a wallet with an ID in it and you keep the cash instead of trying to contact the owner or turn it in to police, that is theft.
- Does Nevada have a “Three Strikes” law for theft? Yes. Under the “Habitual Criminal” laws, if you have multiple prior felonies, a new Grand Larceny charge can lead to a much longer prison sentence—sometimes life in prison.
- Is shoplifting different from burglary? Yes. Burglary is entering a building with the intent to commit a crime. So, if you walk into Walmart planning to steal, that is technically Burglary (a felony), even if you only steal a $5 item. Prosecutors use this to charge people with felonies even for small thefts.
- What if the police didn’t read me my Miranda rights? This only matters if they questioned you after arresting you. If they didn’t read your rights, we might be able to keep your confession out of court. But it doesn’t mean the whole case is automatically dismissed.
- How much does a lawyer cost for a theft case? Every case is different. It depends on how complex the evidence is. But think of it this way: How much is your freedom worth? How much is your career worth? Hiring a lawyer is an investment in your future.
We Are Here to Help
If you or a loved one has been accused of Grand Larceny or Petit Larceny, please call us. Do not let one mistake define the rest of your life.
We have been protecting the accused in Las Vegas for over 30 years. We know how to fight for you.
Contact The Law Offices of Michael I. Gowdey, Ltd. today. Visit us at https://gowdeylaw.com/
Sources:
- Nevada Revised Statutes (NRS) 205.220 – Grand Larceny.
- Nevada Revised Statutes (NRS) 205.240 – Petit Larceny.
- Federal Bureau of Investigation (FBI) Uniform Crime Reporting (UCR) Program.
- LendingTree Self-Checkout Theft Survey.
- Jack L. Hayes International Theft Survey.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this does not create an attorney-client relationship. Past results do not guarantee future outcomes.