On This Page
WHAT IS ROBBERY IN NEVADA?
Robbery is the unlawful taking of personal property from another person against their will, by means of force or violence or fear of injury. It is essentially theft combined with force or intimidation — the presence of a victim makes it robbery rather than burglary or larceny.
WHAT THE PROSECUTION MUST PROVE
To convict you of Robbery in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant took personal property belonging to another person
The property was taken from the person or in their immediate presence
The taking was against the victim's will
The defendant used force, violence, or threats of force to accomplish the taking
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR ROBBERY IN NEVADA
Robbery
Category B felony. 2 to 15 years in Nevada State Prison.
Armed Robbery
Category B felony with use of deadly weapon enhancement. 2 to 15 years plus an additional 1 to 20 years for the weapon.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending robbery charges
Robbery requires that force or fear be used to accomplish the taking — not just that force occurred near the time of the theft. If the force came after the taking was complete, it may not qualify as robbery.
Eyewitness identification is notoriously unreliable, especially in high-stress robbery situations. Cross-examining the reliability of witness identifications — lighting, distance, stress, cross-racial identification — is often the strongest defense.
Surveillance footage is the prosecution's best friend in robbery cases. But it can also be your best friend — if the footage doesn't clearly show you, or shows someone with different characteristics, that creates reasonable doubt.
The weapon enhancement can double your sentence. If the prosecution cannot prove the weapon was real and functional, the enhancement may not apply.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO ROBBERY
Every case is unique, but these are the defenses most commonly raised in robbery cases in Nevada:
Mistaken identity — you were not the person who committed the robbery
No force or threat of force — the taking was a theft, not robbery
Alibi
Insufficient evidence
Challenging eyewitness identification