Experienced Reno theft lawyer and burglary lawyer with 20 years defending property crime charges across Northern Nevada
A theft or burglary charge often starts smaller than the case it becomes. A disagreement over property you believed was yours, a shoplifting stop that gets out of hand, a night that ended somewhere you should not have been, and suddenly you are facing a felony that follows you into every background check for years. Many people charged with theft in Washoe County have never been arrested before, and the difference between a misdemeanor and a prison-eligible felony can come down to a few hundred dollars in disputed value. Richard P. Davies, Esq. has defended Nevadans against serious criminal charges for two decades, and as a Reno theft lawyer he knows how these cases are charged, how they are proven, and where they fall apart.
If you have been arrested, cited, or contacted by a loss prevention officer or detective about missing property, the earliest days of the case are when a lawyer can do the most. Value can be challenged before it hardens into a felony charge, restitution conversations can begin before a prosecutor commits to a filing decision, and your side can be told through counsel instead of in an interview room. Reaching out costs nothing and stays confidential, so the sooner you call, the more room there is to work.
The Main Theft Charges Under Nevada Law
Nevada grades most theft offenses by the alleged value of what was taken, so the statutes below are best read as a ladder, with each rung carrying its own penalties.
Petit Larceny
Under NRS 205.240, intentionally taking property worth less than $1,200 is petit larceny, a misdemeanor carrying up to six months in jail and a fine of up to $1,000, plus restitution. Most shoplifting cases in Reno are charged this way. Even at the misdemeanor level, a larceny conviction is a theft crime on your record, so resolving these cases well matters more than the maximum penalty suggests. It is also why involving a theft lawyer makes sense even when the charge is only a citation.
Grand Larceny
Once the alleged value reaches $1,200, the charge becomes grand larceny under NRS 205.220, and the penalties climb the value ladder set out in NRS 205.222. Property worth $1,200 to $5,000 is a category D felony, $5,000 to $25,000 is a category C felony, $25,000 to $100,000 is a category B felony carrying up to ten years, and $100,000 or more is a category B felony carrying up to twenty. Restitution is ordered on top of any sentence.
Grand Larceny of a Motor Vehicle
Vehicle theft has its own statute, NRS 205.228, and it does not follow the value ladder. A first offense is a category C felony regardless of what the car is worth, and a second or subsequent offense within five years is a category B felony. These cases often involve borrowed vehicles that were not returned, disputes between former partners or roommates over shared cars, and situations where the accused believed they had permission, all of which strike at the intent the charge requires.
Theft From a Person
Taking property directly from another person without force, such as pickpocketing or grabbing an unattended phone from someone’s hand, is charged under NRS 205.270 and is treated as a felony even when the property is worth very little. When force or the threat of force enters the picture, the charge becomes robbery, a violent felony we address on our violent crimes page.
Possession of Stolen Property
Under NRS 205.275, buying, receiving, or possessing property you know or should have known was stolen is its own offense, graded by the same dollar thresholds as larceny. These cases commonly reach people who bought something secondhand at a price that looked like a bargain, and they turn on what the accused actually knew, which is often the thinnest part of the State’s proof.
Workplace theft and financial theft are charged differently. Embezzlement and theft by false pretenses involve money entrusted to you or obtained through misrepresentation, and we cover those on our white collar crimes page.
Burglary Charges Under Nevada Law
Burglary is widely misunderstood, and the misunderstanding matters. Under NRS 205.060, burglary is not breaking in and it is not stealing. It is unlawfully entering or remaining in a place with the intent to commit larceny, assault, battery, or any felony inside. No forced entry is required, nothing has to be taken, and the crime is complete the moment you cross the threshold with the wrong intent. Walking through an open door can be burglary, and that is why a Reno burglary lawyer spends so much time on the intent element, because it is the entire case.
Since Nevada restructured its burglary law in 2019, the penalty depends on what was entered. Residential burglary of a dwelling is a category B felony carrying one to ten years in state prison. Burglary of a business is a category C felony. Burglary of a structure other than a home or business is a category D felony. Burglary of a motor vehicle, often called car burglary, is a category E felony for a first offense, which typically means probation is available, and a category D felony for repeat offenses. Which category applies, and whether the charge was filed correctly, is one of the first things a burglary lawyer checks.
Two aggravating rules deserve attention. A person who commits any burglary while in possession of a firearm or deadly weapon faces two to fifteen years in prison. And a person convicted of residential burglary who has a prior conviction for residential burglary or another crime involving the unlawful entry or invasion of a dwelling cannot be granted probation, which removes the safety net most first-time defendants rely on. A closely related charge, invasion of the home under NRS 205.067, applies to forcible entry of an inhabited dwelling and is frequently charged alongside residential burglary.
Why Theft and Burglary Cases Are Different From Other Criminal Charges
Two disputed questions decide most of these cases, and neither is what people expect.
The first is value. The State’s number is a live battleground because prosecutors and loss prevention departments tend to use retail or replacement figures, while the law looks to fair market value. A used laptop, worn merchandise, or older tools may be worth far less than the figure the State is using, and moving the value below a threshold can change the entire posture of a case.
The second is intent. Larceny requires the intent to permanently deprive the owner of the property, and burglary requires criminal intent at the very moment of entry. The State has to prove what was in your head, and it almost never has direct evidence of that, so it relies on inference, and inference is where a case built on a report written by someone who assumed the worst starts to come apart.
Consequences That Reach Beyond the Sentence
Theft is a crime of dishonesty, and that label does damage a sentence never touches. A theft conviction gives employers a specific reason to pass, can trigger review by professional licensing boards, and can be used in court to attack your credibility as a witness for years afterward. For non-citizens, theft and burglary offenses can be treated as crimes involving moral turpitude and carry immigration consequences, including removal. If a case resolves favorably, record sealing may eventually be available, and protecting that eligibility is part of how a theft lawyer should handle the case from the start.
Frequently Asked Questions About Nevada Theft and Burglary Charges
Returning property or paying restitution does not automatically end a case, because the offense was complete when the property was taken. It can still matter a great deal. Prosecutors in Washoe County frequently consider restitution when deciding whether to reduce a charge, offer a diversion resolution, or dismiss outright, especially where there is no criminal history. How and when the offer reaches the prosecutor matters as much as the amount, which makes restitution a question of strategy rather than a simple payment.
Shoplifting is charged as larceny, so it depends entirely on the alleged value of the merchandise. Below $1,200 it is misdemeanor petit larceny. At $1,200 or more it becomes felony grand larceny, and organized retail theft allegations involving multiple incidents can be aggregated to reach felony thresholds. Retailers may also send a separate civil demand letter seeking payment; that letter is not a criminal penalty, and you should talk to a theft lawyer before responding to it.
You cannot burgle a place you have a legal right to occupy, but that right is exactly what gets disputed. After a breakup, an eviction, or a protective order, entering a home you once shared can be charged as burglary or invasion of the home if the State contends your right to be there had ended. These cases turn on lease terms, court orders, and whose name is on what, which is why a burglary lawyer builds these defenses on documents rather than assumptions.
Waiting periods run from release from custody or discharge from probation or parole, whichever comes later, not from the conviction date. Misdemeanor petit larceny generally becomes sealable after one year and a category E felony after two. Category B, C, and D felonies wait five years, with one exception that matters here: a residential burglary conviction carries a ten year wait. If your charge was dismissed or you were acquitted, you can petition to seal immediately. Sealing restores your ability to answer no when asked about the arrest in most employment settings, which for a theft case is often the whole point.
How a Reno Theft Lawyer Builds a Defense
No attorney can promise a particular result, but a strong defense in a property crime case works the two pressure points described above. Richard P. Davies, Esq. examines the State's valuation first, bringing in the independent appraisal and resale market evidence the police report never included. Intent is challenged next, through the ownership records, messages, and witness accounts that show permission, a claim of right, or a lawful purpose. In burglary cases the same work centers on the moment of entry, where a Reno burglary lawyer looks for the lawful reason the report left out. How the evidence was gathered matters too, since property cases often rest on searches of homes, vehicles, and phones that can be suppressed when the legal basis was defective. Where the facts support it, early negotiation can produce reductions to non-theft offenses that protect your record, or diversion for people with clean records.
Felony theft and burglary cases in Washoe County are heard in the Second Judicial District Court, and misdemeanor larceny cases are typically handled in Reno or Sparks justice courts. Related practice areas include violent crimes, white collar crimes, and our full criminal defense services across Reno and Northern Nevada.
What to Do After a Theft or Burglary Arrest in Reno
A few early decisions protect you more than almost anything that happens later in the case.
Do not explain yourself to loss prevention, police, or detectives. People charged with theft often talk because the accusation feels like something they can clear up, and those statements become the backbone of the State's case. A polite request for a lawyer closes that door without making anything worse.
Do not contact the alleged victim, the store, or anyone else involved. Offers to pay, apologies, and explanations can all be read as admissions, and in some situations contact can generate a new charge. Your attorney can have every one of those conversations for you, safely.
Gather what shows your side. Receipts, purchase records, text messages about borrowing or permission, and the names of anyone who was present can make the difference between a felony and a dismissal, and they are easiest to collect while everything is recent.
Richard P. Davies, Esq. serves clients in Reno, Sparks, Lake Tahoe, and across Northern Nevada. If you are facing a theft or burglary charge, call (775) 360-6894 to speak with a Reno theft lawyer and get a clear, honest read on where you stand.