Robbery is a form of theft, which is defined as the taking of property from another individual. This taking of property is done with:
- Force;
- Intimidation;
- Violence; or
- Threat of force.
In other words, the theft is committed against the individual’s will and with force. Robbery with a deadly weapon is a felony in the State of Nevada.
Robbery is a type of felony theft, which is defined as the taking of property from another individual by the use of force, intimidation, or the threat of force. Therefore, this is why it is sometimes referred to as larceny by threat of force.
In certain states, the use or threat of force does not have to be directed at the intended victim. However, the threat is required to be immediate and the crime has to be committed in the presence of the victim.
If the robbery is committed with the use of a firearm or another type of deadly weapon, it may be considered an armed robbery and will typically result in harsher penalties for the defendant.
In each state, the laws differ slightly regarding the definition of what constitutes a robbery charge. However, the general elements typically include:
- The taking and carrying away;
- Of the personal property of another;
- From their possession or in their presence;
- Against their will;
- By:
- force;
- fear;
- violence;
- intimidation; or
- threat of force.
It is important to note that while robbery may often be confused with the crime of burglary, the two crimes are not the same. A burglary is defined as the breaking and entering into a residence or other building with the intent to commit a felony therein.
The primary difference between the two crimes is the breaking and entering element. In addition, burglary does not require the use or threat of force.
What Factors are Used to Determine the Severity of Punishment for Robbery Charges?
The punishments for robbery charges will differ depending on the degree of robbery which was committed. For example, a robbery which does not cause injury and does not involve a severe use of violence is typically considered a second degree felony in most states.
Other factors which are generally used to determine the seriousness of a robbery charge may include:
- Whether the use of a firearm or weapon was involved, such as in an armed robbery;
- The type of property stolen;
- Where the crime took place;
- The type of victim against whom the crime was committed;
- Whether the defendant has a prior criminal record;
- Whether the defendant is currently on probation;
- The number of accomplices to the the crime, which may include getaway drivers or lookouts; and
- Whether the amount of force applied during the commission of the crime resulted in the injury or death of the victim.
What is the Penalty for Robbery in Nevada?
In the State of Nevada, robbery is a Category B felony. The penalty for this offense, if convicted, includes:
- 2 to 15 years in prison;
- Up to $10,000 in criminal fines; or
- Both fines and prison time.
What if I am Accused of Using a Deadly Weapon During the Robbery?
If an individual is charged with committing a robbery with a deadly weapon, or an armed robbery, then they will face a mandatory sentence enhancement. This is due to the fact that committing a crime with the use of a deadly weapon leads to a mandatory sentence enhancement in Nevada.
What is a Deadly Weapon?
A deadly weapon is any type of firearm or other instrument which was specifically created to inflict serious bodily harm or death. Examples of deadly weapons may include, but are not limited to:
- Rifles;
- Swords;
- Pistols;
- Brass knuckles;
- Billy clubs;
- Daggers;
- Shotguns;
- Knives; and
- Bludgeons.
What is the Penalty Enhancement for Robbery with Use of a Deadly Weapon in Nevada?
A penalty enhancement involves adding additional punishments which are given to a defendant who has committed a crime in a manner which makes that crime more dangerous than usual. If an individual is found guilty of committing a robbery with a deadly weapon, they will face additional punishments in addition to those which are given for committing a robbery.
The additional punishment will include:
- 1 to 15 years in prison;
- Up to $10,000 in criminal fines; or
- Criminal fines and prison time.
Can I Face Additional Charges if Someone was Hurt During the Armed Robbery?
Yes, an individual may face additional criminal charges if another individual is injured during an armed robbery where a deadly weapon was used. Additional criminal charges may include:
- Illegal possession of a deadly weapon;
- Assault with a deadly weapon;
- Battery; and
- Aggravated battery.
Are there any Defenses to a Robbery Accusation?
In almost every state, robbery is considered a serious crime. If a defendant is charged with robbery, the prosecution has the burden of proving beyond a reasonable doubt that the defendant committed the crime.
Every element of the charge of robbery must be proven by the prosecution. The defendant will have the opportunity to rebut the charges using an affirmative defense.
An affirmative defense means that one or more of the elements of the crime that the prosecution is required to prove cannot be proven for some reason. For example, if a defendant took the personal property of another individual but did not intend to steal it, or, in other words, borrowed it, the defendant may be able to assert this as an affirmative defense so long as they are able to prove it.
There are also other potential defense to a robbery charge, including:
- Intoxication;
- Duress;
- Lack of evidence; and
- True owner.
If a defendant was involuntarily intoxicated, or was intoxicated without their knowledge or against their will, at the time of the offense, it may be a defense. In addition, if the defendant was voluntarily intoxicated, they may receive a lesser penalty if they can successfully argue that they did not have the intent required to be convicted of a robbery.
If a defendant was forced by the threat of bodily injury or death to commit the robbery, they may be able to claim duress as a defense. This may occur in cases where an individual is a member of a gang.
Another possible defense is lack of evidence. If the prosecution cannot prove certain elements, it may be used by the defendant as a defense. This may include elements such as:
- The identity of the defendant;
- The inability to invalidate the defendant’s alibi for the time the crime was committed;
- That nothing was intended to be stolen; or
- That nothing was stolen.
If the defendant believes that they were the true owner of the personal property which they took, it may be a defense to the charges. It may also be a defense if they were the actual owner.
This, however, will depend on the circumstances of the case. It is important to note that proof of ownership will be required to successfully use this defense.
Do I Need a Lawyer for Help With Criminal Charges?
It is crucial to have the assistance of a Nevada criminal defense lawyer if you are facing robbery with the use of a deadly weapon charges in Nevada. You will need an attorney to help you properly defend yourself against the charges for robbery as well as the penalty enhancement.
It is important to consult with your attorney as soon as possible, as it takes time to build a proper defense. Your attorney can review the charges and explain the possible consequences, determine what defenses may be available to you, and represent you during court proceedings.
