Robbery charges are taken seriously in Nevada. Robbery is a category B felony, regardless of degree of force. Base sentencing for a charge of robbery is 2 to 15 years served in Nevada State Prison. According to Nevada law, robbery is defined as “the unlawful taking of personal property from the person of another, or in the person’s presence, against his or her will, by means of force or violence or fear of injury, immediate or future…” (NRS 200.380).
When up against robbery charges, it is important to understand the state’s laws. You can fight your case, but you must be armed with the facts. Charges of robbery carry no fine in Nevada, but depending upon your case, the base sentencing may include extra years added. There are three degrees of robbery in Nevada.
Robbery Charges: Degrees of Robbery
Third Degree Robbery
Third degree robbery involves threatening, injury, or violence via brute force or weapon to take an item from the victim. Examples of 3rd degree robbery would be using a weapon to snatch a woman’s purse, or brandishing a gun to coerce a gas station clerk into handing over cash register money. Such charges carry felony weight. If a deadly weapon is involved, a judge may double the base sentence.
There are three common defenses when someone is facing third degree robbery charges in the state of Nevada. One could claim false accusation, one could claim that he or she did not intend to take the property (and try to plea bargain to charges of simple battery), or a person could claim that he or she did not use force, violence, or threats and try to plea bargain to charges of larceny.
Second Degree Robbery
Second-degree robbery involves the assistance of a present accomplice. If someone is aiding in a robbery, it can carry additional weight. Second degree robbery charges may also be brought about should an innocent bystander be injured during the robbery with a deadly weapon like a gun or knife.
Fighting a 2nd degree robbery charge can be more difficult, since the accomplice can be turned against you if they are offered a plea bargain. Charges can be brought about through injuries as “small” as a scratch or bruise. Should such charges be filed against you,it is especially important that you hire an experienced lawyer.
First Degree Robbery
A charge of first-degree robbery is the most serious. It entails someone not involved in the robbery being seriously injured. 1st degree robbery charges may also be filed should you brandish a deadly weapon and threaten the victim’s life. Sentencing for such a felony carries extra weight, depending on the number of people present/involved and the severity of injuries sustained by the victim.
Though usually challenging, charges of first degree robbery can be fought successfully if you have a team of skilled lawyers on your side. The right attorney will help you to fight your case and win it, whether you are claiming innocence or hoping to obtain a plea bargain from the district attorney.
Don’t Fight Alone
“Force” need not be anything more than a shove, push, or shoulder grab and tug. There are four elements at work: (1) The victim’s property was taken while the victim was present; (2) the property was taken using force or threat of injury; (3) the threat was made against the victim, victim’s family, or another person at the scene; and (4) this force includes that exerted when leaving the scene.
When choosing a lawyer, select one with the appropriate experience – someone who has practiced criminal defenses involving the specific charges you face.
Call Weiner Law Group today. We are criminal defense lawyers to help you fight the charges against you. Don’t face criminal matters alone. Call our office at 702-202-0500 or explore our site to learn more about how we can help you fight robbery charges.