Petit larceny is the act of intentionally taking someone else’s property valued at $1,200 or less. With no shortage of retail and tourist opportunities available in Las Vegas, it’s no surprise that petit larceny is a common crime.
While some people may engage in petit larceny as part of an ongoing criminal enterprise, others commit the offense by taking an item of low value without paying for it, such as candy from a convenience store or a robe from a resort room.
Regardless of the circumstances, an arrest or conviction for petit larceny in Las Vegas should never be taken lightly. If you are facing a petit larceny charge, an experienced criminal defense attorney from Adras & Altig can prepare a solid legal defense and fight for the best possible outcome in your case.
At our law firm, your reputation and best interest are our priority. We take a team approach to client service. Our partners will look at your charges from all angles and develop a customized defense strategy tailored to the unique facts of your case.
Don’t wait ― talk to a Las Vegas petit larceny attorney at Adras & Altig today in a free consultation. We’ll explain how the criminal process works and why it’s essential to keep your record clean in Nevada. Call or contact us today to get started.
What Is Petit Larceny?
Petit larceny, sometimes called petty theft, occurs when someone intentionally steals, takes, carries, leads, lures, or drives away another person’s property. It is a purposeful act and is often confused with robbery. However, robbery involves the use of force and is committed in the victim’s presence. There is no threat of force in a larceny case.
Petit larceny is charged when the value of the stolen item, or the aggregate value of multiple stolen items, is valued at less than $1,200. Courts may rely on various types of evidence to establish the value of the property, including its retail value if it was stolen from a store, market research to establish the fair market value of the property, or expert testimony providing an opinion regarding the value of the property.
A Las Vegas petit larceny lawyer may persuade prosecutors and trial courts to have your petty larceny charges dismissed for a first offense, provided you make restitution to the owner of the stolen property, pay any fines and fees, and attend Petit Larceny School ― a court-ordered education program for people who have committed petty theft.
Examples of Petit Larceny
Examples of behavior that can result in an arrest and charge of petit larceny include:
- Stealing someone’s personal property, but not of their person or with the use of force
- Shoplifting
- Stealing items such as towels or robes from a hotel room, resort, or lodging
- Stripping items from someone’s home or building and carrying them away
- Theft of pets or domesticated animals
Common defenses to a Nevada petit larceny charge include:
- Someone else stole the property.
- The property has no actual value to support a larceny charge.
- You legally own the property. This is often raised as a defense in cases involving property co-owned by roommates or couples who split up, with the other individual reporting stolen items that you actually shared.
- You had the owner’s permission.
- The owner gave or gifted you the items.
- You had not actually taken, stolen, or driven away with the property.
- You legally purchased the property from its lawful owner or from someone you reasonably believed owned it.
- You had no intent to steal. This may occur in a retail store when you inadvertently forget to pay for an item, or you place an item in your personal bag but intend to pay for the item at the register. This defense may also apply in a situation where you did not know that you had the possession and were carrying away property that belonged to someone else, such as when someone places their cell phone in your coat pocket by mistake and you then leave with your coat.
Proving which defense could apply to your petty theft case requires careful analysis by a knowledgeable lawyer. For that reason, you need to speak to an experienced Las Vegas petit larceny attorney right away. Your lawyer can also explore other potential defense strategies in your case, including moving to have the prosecution’s evidence excluded on grounds that it was unlawfully obtained or obtained in violation of your civil or constitutional rights.
Is Petit Larceny a Felony in Nevada?
Petit larceny laws normally classify petty theft as a misdemeanor offense in Nevada. Stealing property with a value or aggregate value of $1,200 or more results in a charge of grand larceny, which is upgraded to a category D, C, or B felony depending on the stolen property’s value.
In addition, there are certain types of property that, when stolen, result in a more serious larceny charge, regardless of its value. These include:
- Fire extinguishing equipment or smoke/fire detectors (Gross misdemeanor)
- Traps or snares (Gross misdemeanor)
- Motor vehicles (Category C felony)
- Firearms (Category B)
What Are the Penalties for Petit Larceny in Nevada?
As a misdemeanor offense, the penalties for a petit larceny conviction in Nevada may include:
- Jail time of up to six months
- Fines of up to $1,000
- Requirement to pay restitution to the rightful owner of the property up to the value of the item or items stolen
- Community service
An arrest or conviction for petit larceny will also go on your criminal record. A criminal record will show up on background checks and can make it more difficult to apply for a job, housing, or educational or financial opportunities.
Fortunately, Nevada law gives you the option to apply to the court to have an arrest or conviction record
for petit larceny sealed from background checks. If you are acquitted or have your petit larceny charge dismissed by the prosecutor or the court, you normally can immediately apply to have your arrest record sealed at the conclusion of your case.
However, if you are found guilty of petit larceny in Las Vegas, you will typically need to wait at least one year to apply to have your record sealed. Given the social stigma around larceny and other theft crimes, sealing your arrest or conviction record represents the best way to successfully move on with your life once the petit larceny case is over.
A conviction for petit larceny in Nevada normally will not generally result in deportation for an immigrant in the U.S. on a visa or green card. Although larceny is considered a crime of “moral turpitude” for which an immigrant is normally subject to deportation, petit larceny in Nevada falls under an exception under immigration law for “petty offenses,” or those crimes that have a maximum sentence of incarceration of six months or less.
Contact an Experienced Petit Larceny Lawyer in Las Vegas, Nevada
There’s no such thing as a minor theft crime. If you’ve been arrested for petit larceny or are facing other criminal charges in Nevada, you need strong legal representation to protect your freedom and moral standing in the community. A Las Vegas petty larceny lawyer from Adras & Altig can help you make important decisions that could impact your future for years to come.
We serve clients in Las Vegas, North Las Vegas, Boulder City, and the surrounding Clark County communities. Contact us today for a free and confidential consultation.