What Should You Do if You’re Accused of a Theft Crime in Las Vegas?
Let’s be honest. Seeing those flashing lights in your rearview mirror or having a store’s loss prevention officer stop you is a terrifying, sinking feeling. Your heart pounds, your mind races, and a hundred worst-case scenarios about your family, your job, and your entire future flash through your head. If you’re reading this, you or someone you love is likely in that exact situation, and you’re desperately looking for answers and a path forward.
My name is Michael Gowdey, and for over 30 years, my firm, The Law Offices of Michael I. Gowdey, Ltd., has been the shield for people accused of crimes in Las Vegas, Henderson, North Las Vegas, and throughout Clark County. We’ve seen it all, from a simple misunderstanding at a self-checkout to complex felony charges. We understand the panic and the fear you’re going through. So, let me start with the most important piece of advice I can give you: an accusation is not a conviction.
The moments and days following an arrest or citation are the most critical. While you are trying to process what happened, the police and prosecutors are already building their case against you. They are collecting reports, reviewing footage, and preparing to secure a conviction. You cannot afford to wait. You need an experienced legal advocate to start building your defense immediately. Our firm is highly rated, has won multiple awards for our dedication to clients, and most importantly, we have a long and proven track record of protecting our clients’ freedom, records, and futures. We don’t just handle cases; we protect people.
Understanding What a “Theft Crime” Really Means in Nevada
It sounds simple, right? Taking something that isn’t yours. But in the eyes of the Nevada justice system, the definition is far more technical and broad. This complexity is where many people get into trouble, often without fully understanding the gravity of their alleged actions.
Under Nevada Revised Statute (NRS) 205.0832, the legal definition of theft is when a person “knowingly… controls any real or personal property of another person with the intent to deprive that person of the property.”
Let’s break that down into simple terms:
"Knowingly Controls"
This doesn’t mean you have to be physically holding the item. If you have the power to move it, sell it, or prevent the true owner from getting it back, you are in “control.” This could be having a stolen item in your car’s trunk or your home’s garage.
"Property of Another Person"
This can be anything from a piece of jewelry to a car, a pet, or even intellectual property like business secrets.
"Intent to Deprive"
This is the core of almost every theft case. The prosecutor must prove, beyond a reasonable doubt, that you intended to steal. This is a mental state. They have to convince a jury what was going on in your head at that moment.
This broad definition means theft charges can arise from many situations you might not expect:
- Keeping a rental car significantly past the agreed-upon return date.
- Switching price tags on an item to pay less at the register.
- Using deception or false pretenses to convince someone to give you money or property (Fraud/Theft by Deceit).
- Finding a lost wallet full of cash and deciding to keep it instead of turning it in.
- “Borrowing” a friend’s property without permission and not returning it for an extended period.
The prosecution’s entire case is built on a mountain of assumptions about your intent. Our job, as your defense attorneys, is to challenge those assumptions and present the full context. Was it a simple mistake? A misunderstanding? Were you falsely accused? This is where a skilled defense attorney who has handled thousands of these cases can make all the difference.
The Alarming Rise of Property Crimes and Aggressive Prosecution in Las Vegas
The world has changed dramatically in the last few years, and those changes have had a direct impact on crime rates and how they are prosecuted here in Clark County.
Here’s a statistic that might surprise you. Economic pressure is a huge driver of property crime. A national study found that periods of high inflation and financial stress, like the one we’ve experienced recently, often lead to a significant increase in first-time offenders. These are not career criminals, but regular people—parents, students, and employees—who make a desperate, out-of-character mistake.
This has been amplified by another trend. According to the National Retail Federation, retailers saw a staggering 26.5% increase in organized retail crime in 2021 alone. This has prompted large corporations in Las Vegas and across the country to invest in aggressive, often AI-powered, loss prevention systems and to adopt zero-tolerance policies. The unfortunate result is that prosecutors and stores have become much more aggressive. They are under pressure to look tough on crime, and they don’t always distinguish between a professional criminal and a regular person who made a one-time mistake under immense pressure.
At The Law Offices of Michael I. Gowdey, Ltd., we see the person, not just the police report. We understand that good people make mistakes, and we believe one mistake shouldn’t ruin your entire life.
What Are the Different Types of Theft Crimes in Nevada?
“Theft” is a big umbrella that covers a wide array of specific crimes. Each one is unique and has its own set of laws, challenges, and potential penalties. It’s crucial to understand the specific charge you are facing. We have prepared detailed guides on the most common theft and property crime charges we see in Las Vegas courts.
Shoplifting (Petit Larceny)
This is one of the most common theft charges in Las Vegas, given our city’s vast number of retail stores, from the Strip casinos to downtown container parks. Legally known as petit larceny when the value is under $1,200, it involves taking merchandise without paying. However, it also includes altering price tags or hiding items. Store security is often overly aggressive, and misunderstandings are common. Learn more about our aggressive Shoplifting Defense strategies here.
Petty Theft vs. Grand Larceny
The value of the property stolen is the single most important factor in a Nevada theft case. It determines whether you face a misdemeanor or a life-altering felony. The dividing line is $1,200. Taking an item worth $1,199 is a misdemeanor (Petty Theft). Taking an item worth $1,200 is a felony (Grand Larceny). The difference of one dollar can mean the difference between a fine and years in prison. Learn the critical differences between Petty Theft and Grand Larceny here.
Burglary & Robbery
These two crimes are frequently confused, but they are vastly different in the eyes of the law.
- Burglary is entering a structure (home, car, business) with the intent to commit a crime inside. The crime doesn’t have to be theft—it could be assault or vandalism. The crime is the act of entering with unlawful intent.
- Robbery is a crime against a person. It is theft by force, violence, or the threat of force. Because it involves a victim, the penalties for robbery are extremely severe. A conviction for either of these violent felonies carries a high probability of significant prison time. Understand the serious distinction between Burglary & Robbery charges here.
Auto Theft (Grand Larceny of a Motor Vehicle)
Stealing a car in Nevada is always a felony, regardless of the vehicle’s age or value. With Las Vegas being a major hub, auto theft is aggressively prosecuted by the Clark County District Attorney’s Office. This charge can arise from a traditional car theft, keeping a rental car, or even failing to return a “borrowed” vehicle from a friend or family member in a timely manner. Discover how we defend against serious Auto Theft charges here.
Possession of Stolen Property
You can be charged and convicted of a theft crime even if you didn’t steal anything yourself. Under Nevada law, it is illegal to knowingly possess, receive, or buy property that you have reason to believe is stolen. This law often ensnares innocent people who bought an item from an online marketplace like Facebook or Craigslist, thinking they were getting a good deal. Learn how to protect yourself if you’re accused of Possession of Stolen Property here.
Why Hiring an Experienced Las Vegas Theft Lawyer is Your Most Important Decision
When you are facing the immense power and resources of the government, trying to handle your case alone is a gamble you cannot afford to take. The prosecutor’s job is to secure a conviction; they are not your friend and are not there to hear your side of the story. My job is to be your advocate, your protector, and your voice.
Here’s what 30 years of experience defending the accused in Las Vegas courts brings to your case:
We Know the System, Inside and Out
After three decades practicing exclusively in Las Vegas, Henderson, and North Las Vegas, we know the landscape. We know the prosecutors, the judges, and their unique tendencies. We know which Deputy District Attorneys are more likely to negotiate on a first-offense shoplifting case and which ones are known for being tough on burglary charges. This inside knowledge is not something you can learn in a book; it’s earned through thousands of hours in the same courtrooms where your case will be heard. This insight is invaluable for crafting a strategy, whether it’s negotiating a favorable plea deal or preparing for a jury trial.
We Conduct Our Own Thorough Investigation
We don’t just take the police report at face value. In our experience, police reports are often one-sided, incomplete, or contain critical errors. Our first step is to get the “discovery”—all the evidence the prosecution has against you—and scrutinize every detail.
- Was the search of your car or home illegal?
- Were you identified correctly in a lineup or from blurry surveillance footage?
- Was there a simple misunderstanding that the police ignored?
- Did they violate your Miranda rights? We find the weaknesses in the prosecution’s story. We file motions to suppress illegally obtained evidence, subpoena additional footage that the police might have missed, and interview key witnesses to uncover the full story.
We Fight to Get Your Charges Reduced or Dismissed
Our primary goal in every case is to achieve a full dismissal of all charges. We look for any constitutional violation or factual weakness that can get your case thrown out of court. However, when the evidence is strong, the next best strategy is to mitigate the damage. We are master negotiators. We work tirelessly to:
- Get Felony Charges Reduced to Misdemeanors: This is often the single most important outcome, as it can save you from becoming a convicted felon, losing your civil rights, and facing prison time.
- Negotiate for Diversion Programs: For many first-time offenders, we can arrange for programs that result in a full dismissal upon completion of classes, community service, or restitution.
- Argue for Lesser Offenses: We can often negotiate a theft charge down to a non-theft offense like “trespassing,” which looks far better on a background check.
We Work to Protect Your Record and Your Future
A theft conviction is a stain that can follow you for the rest of your life. It’s considered a “crime of moral turpitude,” which is a fancy legal term for a crime of dishonesty. It can make it nearly impossible to pass a background check for a job, rent an apartment, obtain a professional license (for nursing, real estate, etc.), or even volunteer at your child’s school.
We work on legal strategies from day one with the end goal of keeping your record clean. This includes fighting for dismissals or seeking plea bargains that allow for your record to be sealed. Nevada’s record sealing laws (NRS 179.245) can make it as though the arrest never happened, allowing you to legally and honestly say “no” when asked about prior convictions. We guide our clients through this complex process to ensure they get a true second chance.
Have You Been Accused of Aggravated Assault in Las Vegas, Henderson, or North Las Vegas? Don’t Wait!
You have rights, but you have to assert them. Your most important right is the right to an effective attorney who will fight for you. Don’t talk to the police, don’t try to explain your side of the story to the prosecutor, and don’t make the mistake of assuming that just because you’re a “good person” everything will magically work out. The system is not designed to be fair; it’s designed to be adversarial.
Your next step is simple. Call my office. Let’s sit down and talk about your case. The consultation is free and completely confidential. It’s the first and most important step toward putting this nightmare behind you and reclaiming your future.
Don’t Gamble With Your Freedom. Call The Law Offices of Michael I. Gowdey, Ltd. today for a free consultation and let our 30 years of experience work for you.
FAQS
Frequently Asked Questions About Nevada Theft Crimes
When you’re accused of aggravated assault in our Southern Nevada communities – whether it’s Las Vegas, Henderson, or North Las Vegas – it’s a terrifying time. Your mind is probably racing with questions. It’s my job, and the job of my team at The Law Offices of Michael I. Gowdey, Ltd., to give you clear answers and strong guidance. We’ve been doing this for over 30 years, and we understand what you’re going through.
Here are the ten most important questions we hear from people facing aggravated assault charges, and my straightforward answers:
1. Can I really go to jail for a first-time shoplifting offense?
Answer: Yes. Even for a first-offense misdemeanor petty theft, a judge has the discretion to sentence you to up to 6 months in the Clark County Detention Center. While it’s less common for first-time offenders with no record, it is absolutely possible, especially if there are aggravating factors. Having an attorney significantly increases your chances of avoiding jail time.
2. The police want to talk to me. Should I explain my side of the story?
Answer: NO. Absolutely not. You have the right to remain silent—use it. Police officers are trained to elicit incriminating statements. Anything you say, even if you think it’s helpful, can and will be used against you. The only thing you should say is, “I am invoking my right to remain silent, and I want a lawyer.”
3. What if I was planning to pay for the item?
Answer: This goes back to the issue of “intent.” If you truly forgot an item in the bottom of your cart, you lacked the criminal intent required for a conviction. However, it becomes your word against the store’s security. This is a very common and winnable defense, but it requires a skilled attorney to present your case convincingly.
4. How much does a good theft defense lawyer cost?
Answer: The cost of a lawyer varies depending on the complexity of your case (misdemeanor vs. felony, etc.). However, you must consider the cost of not having a lawyer: fines, court fees, lost wages from jail time, and the devastating long-term financial impact of having a criminal record. Our firm offers a free, no-obligation consultation to discuss your case and our fees. We provide flat-fee arrangements so you know the exact cost upfront.