Armed robbery is one of the most severe criminal offenses in Las Vegas. If you’re charged with armed robbery, it’s essential to understand what you’re facing and how the legal system works. The consequences can be severe, including lengthy prison sentences and hefty fines.
In this article, we’ll break down everything you need to know about armed robbery charges in Las Vegas, including legal definitions, potential penalties, and how a defense attorney can help. Whether you’re looking for information for yourself or a loved one, this guide is designed to be straightforward and helpful.
What Is Armed Robbery Under Nevada Law?
Armed robbery is defined under Nevada law as the unlawful taking of someone’s personal property by force, violence, or fear with the use of a weapon. This crime involves both theft and a threat to the victim’s safety, which is what makes it more severe than standard robbery.
Elements of Armed Robbery
To be charged with armed robbery in Las Vegas, three main elements must be present:
- Theft or attempted theft refers to the taking or attempted taking of property that doesn’t belong to you.
- Use of force, violence, or fear: The victim must believe they are in danger of immediate harm for it to qualify as robbery.
- Use of a weapon: A firearm, knife, or any other weapon can elevate the crime to “armed” robbery.
Together, these elements form the foundation of an armed robbery charge. If the prosecution can prove all three, a conviction is likely.
Distinguishing Armed Robbery from Other Crimes
It’s essential to understand how armed robbery differs from other crimes:
- Robbery vs. Burglary: Robbery involves confrontation with a victim, while burglary involves entering a structure to commit a crime without necessarily encountering anyone.
- Robbery vs. Theft: Theft involves stealing without threatening or using force.
Armed robbery is more severe because of the combination of theft and the threat or use of violence with a weapon.
The Role of a Weapon in Armed Robbery
A key component of armed robbery is the use of a weapon. Under Nevada law, a weapon could be:
- A firearm (even if it’s not loaded)
- A knife
- A blunt object like a baseball bat or metal bar
Even if the weapon isn’t used to harm the victim, the mere presence of it is enough to elevate the crime to armed robbery.
Penalties for Armed Robbery Charges in Las Vegas
The penalties for armed robbery in Las Vegas are harsh, and they can change your life forever. Nevada treats violent crimes very seriously, so if convicted, the consequences are severe.
Prison Sentences
You’re looking at a potential prison sentence for armed robbery of 2 to 15 years. If a deadly weapon was involved, you could face an additional penalty of 1 to 15 years on top of that, depending on the severity of the crime and whether anyone was injured.
Fines
In addition to prison time, a person convicted of armed robbery can be fined up to $10,000. The fines are meant to act as both a punishment and a deterrent.
Restitution
Beyond fines, courts can also order restitution. This means you may have to pay back the victim for any property or damages resulting from the robbery. Restitution amounts vary depending on the value of the stolen property and the harm caused.
| Penalty | Details |
|---|---|
| Prison Sentence | 2-15 years (more if a deadly weapon is used) |
| Additional Penalty | 1-15 years for use of a firearm or deadly weapon |
| Fines | Up to $10,000 |
| Restitution | Amount depends on the value of property stolen |
The restitution Amount depends on the value of the property stolen
Enhanced Sentencing for Use of a Deadly Weapon
If a firearm or other deadly weapon was used during the crime, the sentence can be significantly enhanced. The additional sentence for using a deadly weapon can be as long as 15 years, making the total possible sentence for armed robbery up to 30 years in some cases.
These enhancements are why having an experienced attorney is crucial if you’re facing armed robbery charges.
Factors That Affect the Outcome of Armed Robbery Cases
Several factors can influence the outcome of armed robbery cases in Las Vegas. Some may work in your favor, while others can impose harsher penalties. Understanding these factors can help you and your attorney build the best possible defense.
Aggravating Factors
Aggravating factors are elements that can make the charges more severe. You could face a longer prison sentence or steeper fines if any of these are present.
- Prior criminal record: If you’ve been convicted of other crimes, especially violent ones, the court may give you a harsher sentence.
- Use of a firearm: Using a gun in the robbery, even if it wasn’t fired, can result in additional years in prison.
- Involvement of accomplices: Acting as part of a group or gang can also lead to more severe penalties.
- Causing injuries: If the victim was hurt during the robbery, the consequences become even more severe.
These factors can weigh heavily in a judge’s decision on sentencing, so they are crucial to understand.
Mitigating Factors
Mitigating factors, on the other hand, can help reduce your sentence. These are circumstances that might make the court view the case more leniently.
- Lack of prior criminal record: If this is your first offense, you may receive a lighter sentence.
- Cooperation with law enforcement: Helping police during the investigation can sometimes reduce penalties.
- Age: Young offenders, particularly juveniles, may be treated more leniently by the court.
- Mental health issues: If you were suffering from a mental health condition at the time of the crime, the court might take this into account.
Mitigating factors don’t mean the charges will be dropped, but they can significantly affect the final sentence.
Presence of Injuries or Use of Violence
In armed robbery cases, the presence of physical harm to the victim can have a significant impact on sentencing.
- No injuries: If no one was physically harmed, this can be a mitigating factor, leading to a lighter sentence.
- Minor injuries: If the victim was hurt but recovered quickly, it could lead to an average sentence.
- Severe injuries or death: If the victim was seriously injured or killed during the robbery, you could face much harsher penalties, including life in prison.
Even if you didn’t directly cause the injury, being part of the crime can make you responsible in the eyes of the law.
Juvenile vs. Adult Offenders
If the offender is a juvenile, the case might be handled differently. Nevada law allows juveniles to be charged as adults in particular violent crimes, including armed robbery. However, sentencing for juveniles can be more lenient than for adults.
- Juvenile cases: Courts may consider rehabilitation and the offender’s future when sentencing a juvenile.
- Adult cases: Adults generally face the full force of the law, especially in violent crimes like armed robbery.
Understanding whether a case will be tried in juvenile or adult court is vital in assessing potential outcomes.
Legal Defenses Against Armed Robbery Charges
Facing armed robbery charges doesn’t mean you’re automatically guilty. Various defenses can be used to challenge the charges. The proper defense depends on the details of your case, so it’s critical to work with an experienced defense attorney.
Lack of Intent
One of the critical elements of armed robbery is intent. The prosecution has to prove that you intended to commit the crime. If your actions were accidental or misunderstood, this could be a defense.
- Example: If you pick up something you think is yours but isn’t, there was no intent to steal.
Mistaken Identity
Sometimes, people are wrongly accused of crimes due to mistaken identity. This can be a valid defense if you were in the wrong place at the wrong time or if a witness incorrectly identified you.
- Witness mistakes: People under stress, such as robbery victims, may incorrectly remember details, leading to wrongful accusations.
Insufficient Evidence
For a conviction, the prosecution must present enough evidence to prove you committed the crime. If there’s insufficient or weak evidence, your attorney can argue for the charges to be dropped or reduced.
- Example: No clear video footage or eyewitness testimony linking you to the robbery could weaken the prosecution’s case.
Coercion or Duress
If someone forced you to participate in the robbery under the threat of violence or harm, this could be a defense. Coercion or duress means that you were not acting of your own free will but were forced into the situation instead.
- Example: If you were threatened with violence against yourself or a loved one, and that’s why you committed the robbery, this could be considered by the court.
Alibi
An alibi defense means proving you were somewhere else when the crime occurred. If you have proof that you couldn’t have been at the robbery scene, the charges against you may be dismissed.
- Examples of alibi evidence:
- Video footage showing you elsewhere.
- Witness testimony from people who saw you at another location.
- Phone or GPS records prove your location.
What to Do If You Are Charged With Armed Robbery in Las Vegas
Being charged with armed robbery can feel overwhelming. The key is to stay calm and take the proper steps immediately to protect your rights. What you do now can make a big difference in the outcome of your case.
Do Not Speak Without an Attorney
One of the most important things to remember is not to speak to the police without an attorney present. It’s tempting to want to explain yourself or clear things up, but anything you say can be used against you. Police officers are trained to get confessions or statements that may hurt your case, even if you think you’re just telling your side of the story.
- Exercise your right to remain silent. Politely tell the police that you won’t be speaking without an attorney.
- Avoid discussing the case with anyone else, including friends or family. These conversations could be used as evidence later.
Hire a Skilled Defense Attorney
This is probably the most critical step after being charged with armed robbery. A skilled defense attorney knows the ins and outs of Nevada law and will work to protect your rights at every stage of the case.
- Why it’s essential: Armed robbery charges carry severe penalties; without the proper defense, you could face years in prison.
- What a reasonable attorney can do: They will challenge the prosecution’s evidence, negotiate with prosecutors, and work to reduce or dismiss the charges.
When choosing an attorney, seek someone with experience defending violent crimes in Las Vegas. You need someone who knows the local courts and has a strong track record in armed robbery cases.
Collecting Evidence
Your attorney will work with you to gather any evidence that supports your defense. This could include:
- Witness statements: People who can testify about your whereabouts or what they saw.
- Surveillance footage: Security camera footage that may prove you weren’t involved.
- Phone or GPS records: Digital records showing your location during the crime.
Your attorney will know how to gather and use this evidence to challenge the prosecution’s case.
Preparing for Court
If your case goes to trial, you’ll need to be prepared. Your attorney will guide you through the process and help you understand what to expect.
- Court appearances: You may need to appear in court multiple times, so following your attorney’s advice and attending all required hearings is essential.
- Testifying: In some cases, your attorney may advise you to testify on your behalf, but this decision will depend on the specific details of your case.
- Plea negotiations: Your attorney may also negotiate a plea deal with the prosecutor, which could result in a reduced sentence or lesser charges.
Staying organized and working closely with your attorney is crucial throughout this process.
The Role of a Criminal Defense Attorney in Armed Robbery Cases
Having a knowledgeable defense attorney by your side is essential when facing armed robbery charges. The role of a criminal defense attorney is to protect your rights, build your defense, and guide you through the legal system. Here’s how they can help.
Case Evaluation
The first step your attorney will take is evaluating your case. This means looking at all the facts, evidence, and circumstances to understand the strengths and weaknesses of the prosecution’s case.
- Initial consultation: During this meeting, your attorney will ask for your version of the events and review any documents or evidence you have.
- Evidence review: Your attorney will carefully review the police reports, witness statements, and any physical evidence related to the case.
- Legal options: Based on this evaluation, your attorney will explain your legal options. This could include fighting the charges, negotiating a plea deal, or other strategies depending on your situation.
Negotiating Plea Deals
In some cases, a plea deal may be the best option. A plea deal involves pleading guilty to a lesser charge in exchange for a lighter sentence. While this may sound like giving up, it can sometimes be the most brilliant move, especially if the evidence against you is vital.
- Why plea deals are considered: Plea deals can help avoid a lengthy trial and reduce the risk of facing the maximum penalties if convicted.
- What it involves: Your attorney will negotiate the best possible terms with the prosecutor. This might include dropping certain charges or reducing the length of your sentence.
Your attorney will help you decide if a plea deal makes sense or if you should take your case to trial.
Representation in Court
If your case goes to trial, your attorney will be your advocate in the courtroom. They’ll present your defense, cross-examine witnesses, and challenge the prosecution’s evidence.
- Opening and closing arguments: Your attorney will present your story to the jury.
- Questioning witnesses: They’ll challenge the prosecution’s witnesses and may call witnesses to testify on your behalf.
- Presenting evidence: Any evidence that supports your defense will be presented during the trial.
Throughout the trial, your attorney will work to create reasonable doubt in the jury’s minds, which is the key to winning a criminal case.
Consequences of Armed Robbery Convictions Beyond Prison Time
Being convicted of armed robbery doesn’t just mean time in prison or paying fines. There are also long-term consequences that can affect your life even after you’ve served your sentence. It’s important to understand these so you can prepare for the future.
Criminal Record
A conviction for armed robbery will result in a permanent criminal record. This can affect many aspects of your life, including:
- Employment: Many employers conduct background checks, and a felony conviction can make it challenging to find a job.
- Housing: Landlords may hesitate to rent to someone with a criminal record.
- Education: Some educational opportunities, scholarships, and programs may be unavailable to those with a felony record.
A criminal record can follow you for the rest of your life, making it hard to move forward.
Loss of Civil Rights
In Nevada, a felony conviction results in the loss of certain civil rights. These rights can sometimes be restored, but it may take time and legal effort.
- Right to vote: You may lose your right to vote until your civil rights are restored.
- Right to own a firearm: Felons are typically prohibited from owning or possessing firearms.
- Serving on a jury: You may lose the ability to serve.
The loss of these rights can be another long-term consequence of an armed robbery conviction.
How Armed Robbery Charges Can Be Reduced or Dismissed
Facing armed robbery charges doesn’t always mean the case will go to trial or end in a conviction. In some situations, the charges can be reduced or even dismissed. This can depend on the strength of the evidence, the skill of your defense attorney, and other factors related to the case. Here are a few ways armed robbery charges can be reduced or dismissed.
Plea Bargaining
One of the most common ways to reduce charges is through plea bargaining. A plea bargain is a negotiation between your defense attorney and the prosecutor, where you agree to plead guilty to a lesser charge in exchange for reduced penalties.
- How plea bargaining works: Your attorney may negotiate for you to plead guilty to a lesser crime, like simple robbery or theft, instead of armed robbery. In return, you might receive a lighter sentence.
- When it’s beneficial: This can be a good option if the evidence against you is strong, and a trial could result in a harsher sentence. It allows you to avoid the uncertainty of a trial.
Lack of Evidence
Another way charges can be reduced or dismissed is if the prosecution lacks enough substantial evidence to prove the crime beyond a reasonable doubt. The prosecution has the burden of proof to prove every element of the crime, and if they fail to do so, the case could be dismissed.
- Examples of insufficient evidence:
- Lack of clear surveillance footage showing you at the scene.
- No solid eyewitnesses who can positively identify you.
- The weapon supposedly used in the robbery was never recovered.
In these cases, your attorney can argue that the prosecution lacks enough evidence to proceed with the charges.
Favorable Witness Testimony
Witness testimony can play a critical role in reducing or dismissing charges. If witnesses testify that they didn’t see you commit the crime or that you were elsewhere at the time, it can cast doubt on the prosecution’s case.
- Witnesses who can help:
- Alibi witnesses who can confirm where you were during the robbery.
- People who saw what happened but didn’t see you at the scene.
Strong witness testimony can poke holes in the prosecution’s story, leading to a reduction or dismissal of the charges.
Breaking it Down
Facing armed robbery charges in Las Vegas can be an overwhelming and frightening experience. The stakes are incredibly high, with long prison sentences, hefty fines, and a criminal record that can follow you for the rest of your life. However, knowing your rights and understanding the legal process can significantly affect how your case unfolds.
It’s essential to remember that every case is unique, and the outcome depends on many factors, including the strength of the evidence and the skill of your defense attorney. Having the right legal representation is critical from the initial charge through potential plea deals, gathering evidence, and fighting in court.
If you or someone you know is facing armed robbery charges, don’t wait. The sooner you get legal help, the better your chances of a favorable outcome. An experienced defense attorney can evaluate your case, negotiate, and build the most robust possible defense to reduce or dismiss the charges.
Frequently Asked Questions
What is the difference between armed robbery and aggravated robbery?
While both involve theft with the use of force or threats, armed robbery consists explicitly of the use of a weapon, such as a gun or a knife. Aggravated robbery can include factors like causing severe bodily harm to the victim or committing the robbery in conjunction with another serious crime.
Can I be charged with armed robbery if I didn’t use the weapon?
Yes. In Nevada, simply having a weapon during the commission of a robbery, even if you don’t actively use it, can lead to armed robbery charges. The threat of the weapon is often enough to meet the criteria.
What if it’s a fake weapon?
Even if the weapon was fake or non-functional (like a toy gun), you can still be charged with armed robbery if the victim reasonably believed the weapon was real. The law focuses on the victim’s perception of the threat.
Is there a difference between federal and state robbery charges?
Yes. State charges for armed robbery apply to crimes committed within a single state’s borders, like in Las Vegas. However, federal charges may apply if the robbery involved federal property or crossed state lines. Federal penalties can be more severe.
How does intent factor into an armed robbery charge?
Intent is a critical element in an armed robbery case. The prosecution must prove that you intended to commit the robbery. If it can be shown that your actions were accidental or you had no intent to rob, the charges may not stick.
Can armed robbery charges be dropped if the victim doesn’t want to press charges?
Not necessarily. In criminal cases like armed robbery, the state prosecutes the crime, not the victim. Even if the victim no longer wishes to press charges, the state can still move forward with the case if it believes it has enough evidence.
What happens if I’m falsely accused of armed robbery?
If you’re falsely accused, gathering evidence to support your defense is critical, such as alibis or witness statements. An experienced defense attorney can help build a case that proves your innocence or casts doubt on the prosecution’s evidence.
Can juveniles be charged as adults in armed robbery cases?
Yes, in Nevada, juveniles can be charged as adults in violent crimes, including armed robbery, depending on their age and the circumstances of the case. This can lead to harsher penalties, including adult prison sentences.
What is the statute of limitations for armed robbery in Nevada?
In Nevada, the statute of limitations for armed robbery is four years. This means the prosecution has four years from the date of the crime to file charges. After that, you generally can’t be prosecuted for the offense.
How can cooperating with the police help my case?
In some cases, cooperating with the police—such as providing information about accomplices or other criminal activity—can lead to a reduced sentence or lesser charges. However, this should only be done under the advice of your attorney.
What are my rights if I’m arrested for armed robbery?
If you’re arrested for armed robbery, you have the right to remain silent and the right to an attorney. It would help if you exercised both of these rights immediately. Anything you say can be used against you in court, so it’s best not to talk to the police without a lawyer.
Can I get bail if I am charged with armed robbery?
Bail is possible in armed robbery cases, but it depends on the specific details of your case, including your criminal history, the severity of the crime, and whether you’re considered a flight risk. Your attorney can help argue for bail or a reduced bail amount.
How long does an armed robbery case usually take to resolve?
The length of an armed robbery case can vary greatly. Some cases are resolved quickly through plea deals, while others take months or even longer if they go to trial. Factors include the complexity of the case, court schedules, and whether you choose to fight the charges.
Will a conviction for armed robbery affect my immigration status?
Yes, a conviction for armed robbery, which is considered an aggravated felony, can have serious immigration consequences, including deportation for non-citizens. If this applies to you, it’s essential to work with both a criminal defense attorney and an immigration attorney.
What can I do to restore my rights after serving a sentence for armed robbery?
After serving your sentence, you may be able to apply for a pardon or expungement to restore some of your civil rights, like the right to vote or own a firearm. However, this process can be complex, and you should consult an attorney for guidance.
Glossary
Alibi: A defense claiming the accused was somewhere else when the crime was committed, supported by evidence or witness testimony.
Armed Robbery: A type of robbery where the perpetrator uses or threatens to use a weapon to take property from another person by force or intimidation.
Aggravating Factors: Circumstances or details that can increase the severity of a criminal charge or sentence, such as using a deadly weapon or causing injury.
Burglary: A crime involving entering a building or structure unlawfully with the intent to commit a crime, typically theft, but without necessarily confronting the victim.
Coercion: Forcing someone to commit a crime or act under threat of violence or other serious harm.
Criminal Record: A documented history of an individual’s previous arrests and convictions for crimes. Having a criminal record can affect employment, housing, and civil rights.
Duress: A defense in which the defendant claims they were forced to commit a crime due to immediate threats of harm or death.
Enhanced Sentencing: Based on specific factors in the crime, such as using a deadly weapon or prior criminal history, additional penalties are added to the original sentence.
Felony: A serious crime punishable by more than one year in prison. Armed robbery is classified as a felony.
Fines: Monetary penalties imposed as part of the sentencing for a criminal conviction. Fines for armed robbery can be significant, in addition to prison time.
Insufficient Evidence: A lack of enough valid evidence to prove guilt beyond a reasonable doubt. Insufficient evidence can result in charges being dropped or a case being dismissed.
Intent: A mental state in which a person plans or intends to commit a crime. For armed robbery, intent to steal by force or threat is crucial for conviction.
Juvenile Offender: A person under 18 is accused of committing a crime. In cases of serious crimes like armed robbery, juveniles can sometimes be tried as adults.
Mitigating Factors: Circumstances that may reduce the severity of a sentence, such as cooperation with law enforcement, lack of prior criminal history, or mental health conditions.
Plea Bargain: An agreement in which the defendant pleads guilty to a lesser charge in exchange for a reduced sentence or dismissal of more severe charges.
Prison Sentence: A court-ordered punishment where an individual convicted of a crime must serve time in prison. Armed robbery can carry a prison sentence of several years.
Restitution: A court-ordered payment by the offender to the victim to compensate for damages or loss caused by the crime, such as the value of stolen property.
Robbery: The unlawful taking of property from another person by force, violence, or intimidation. Armed robbery includes the use of a weapon during the act.
Statute of Limitations: The period in which legal proceedings must be initiated. In Nevada, the statute of limitations for armed robbery is four years.
Witness Testimony: A statement given by someone who saw or knows the crime. Witness testimony can be crucial in supporting or challenging the prosecution’s case.
Additional Resources for You
Our lead attorney, Molly Rosenblum, Esq., not only excels in providing top-notch legal representation but also believes in empowering individuals with knowledge. Understanding the complexity and nuances of various criminal charges, she has developed a range of comprehensive resources to help you navigate through these challenging times. These resources are meticulously designed to offer clarity and guidance on different aspects of criminal law. Here’s a detailed list of the invaluable resources created by Molly Rosenblum, Esq.:
Theft Crime Defense Lawyer: A dedicated resource providing insights and defense strategies for theft-related charges. Explore here.
White Collar Crime: Navigate the complex landscape of white-collar crimes, including fraud, embezzlement, and more. Learn more.
Racketeering Charges: Understand the intricacies of racketeering charges and the legal implications they carry. Read more.
Fraud Charges: Delve into the details of fraud charges and the defense strategies available. Discover options.
Embezzlement Charges: Get informed about embezzlement charges, potential penalties, and how to approach your defense. Find out more.
Identity Theft Charges: Learn about the legal consequences of identity theft and how to effectively navigate these charges. Get informed.
Larceny Charges: Understand the specifics of larceny charges and how they can impact your legal situation. Explore your options.
Credit Card Fraud Charges: Familiarize yourself with the legal landscape surrounding credit card fraud and defense strategies. Learn the details.
Burglary Charges: Get insights into burglary charges, the legal definitions, and potential defense approaches. Read more.
Robbery Charges: Understand the severity of robbery charges and how to navigate the legal system if faced with such charges. Discover more.
Grand Theft Charges: Learn about grand theft charges, the potential consequences, and how to defend against these allegations. Explore further.
Molly Rosenblum, Esq. is dedicated to providing accessible and detailed information to assist you in your time of need. Each resource is meticulously crafted, offering specialized knowledge to help you navigate the complexities of criminal charges with confidence and clarity.
Offsite Resources for You
Here are some additional offsite resources that might be useful for further learning:
The National Association of Criminal Defense Lawyers: This organization provides resources for criminal defense lawyers, including education and advocacy services.
The American Bar Association Criminal Justice Section: This section of the ABA provides resources and information about various aspects of criminal justice.
Legal Information Institute from Cornell Law School: This site provides free access to a comprehensive and regularly updated database of federal and state statutes, regulations, and case law.
The National Legal Aid & Defender Association: This organization is dedicated to providing legal services for those who cannot afford them, and they offer resources on a variety of criminal justice topics.
NOLO’s Criminal Law Center: This site provides detailed information on a wide range of criminal law topics.
Justia Criminal Law Overview: This site offers information on various aspects of criminal law, including definitions of crimes, defenses, and the criminal court process.
FindLaw’s Criminal Law Center: This site provides information on a variety of criminal law topics, including the different types of crimes and stages of the criminal justice process.
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A Special Message from Our Lead Attorney
Molly Rosenblum
Dear Valued Reader,
Thank you for taking the time to review our resources on armed robbery defense at The Rosenblum Allen Law Firm. We sincerely hope that the information has been enlightening and beneficial to you.
We understand that facing an armed robbery charge can be a daunting experience. The legal intricacies can be complex and intimidating, but please remember, you are not alone in this journey. Our firm is steadfastly committed to providing the residents of Las Vegas with exceptional legal representation, and we stand ready to protect your rights.
Should you find yourself needing effective legal assistance, we warmly invite you to schedule a free consultation with us. This will provide us with an opportunity to gain a deeper understanding of your situation, answer your questions, and guide you through the next steps.
Please don’t hesitate to call us at (702) 433-2889. Our dedicated team is readily available to assist you with any queries or concerns you may have.
Thank you once again for investing your time in reading our resources. We are here to support you and look forward to the opportunity to serve you in your time of need.
Warm Regards,
Molly
