Arrested or Charged with Armed Robbery (NRS 200.380) in Nevada?

Being arrested for robbery or armed robbery in Nevada is not something anyone’s prepared for. One moment you’re going about your life, and the next, you’re facing a category B felony charge with the potential for years in Nevada state prison.

When you’re in this position, you need answers, fast, and the right criminal defense attorney to help you navigate what comes next.

What Does Nevada Law Consider Robbery?

Under NRS 200.380, 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, to his or her person or property.”

Robbery in Nevada involves using force or violence or fear to take something that isn’t yours, from a person or in their presence, and against their will.

But here’s what trips people up: it doesn’t matter if the victim is aware of the theft while it’s happening. According to NRS 200.380, a taking constitutes robbery whenever it appears that force or fear was used to prevent the victim from realizing the property was being taken, even if that awareness comes after the fact.

Let’s say someone gets shoved to create a distraction, and their phone or wallet is taken in that moment. That’s not just theft—it’s robbery. Why? Because the intent to commit a crime, combined with the use of force or fear, is what turns it into a robbery under Nevada law.

What Happens When a Weapon Is Involved in a Robbery in Nevada?

Now, if a deadly weapon is involved during the robbery, prosecutors often refer to it as armed robbery, even though that phrase doesn’t explicitly appear in the Nevada Revised Statutes. Legally, the case still falls under NRS 200.380, but with far greater consequences.

So, what counts as a deadly weapon in Nevada? It’s broader than most people think:

• Guns and firearms (loaded or not)
• Knives or other bladed weapons
• Blunt objects used to hurt or threaten
• Any item disguised as a weapon
• Objects used in a way that could cause substantial bodily harm

When a weapon is involved, prosecutors can pursue enhanced penalties under NRS 193.165. This statute allows the court to impose an additional 1 to 20 years in prison, on top of the 2 to 15 years already possible for robbery in Nevada. These enhancements are mandatory consecutive sentences, not concurrent, and they raise the stakes significantly.

In short:

• Robbery is a category B felony, punished as provided in NRS 193.130
• Weapon enhancements under NRS 193.165 apply if a deadly weapon is used
• The result is a much longer stretch in Nevada state prison, plus a robbery conviction that will follow you for life

If you’re facing robbery charges in Las Vegas or anywhere else in the State of Nevada, especially when a weapon is involved, don’t wait to get legal help. This is where an experienced criminal defense attorney can step in—challenge the evidence, scrutinize the state’s case, and fight for the best possible outcome.

Penalties for a Robbery Conviction in Nevada

Robbery is a serious felony in Nevada, and the consequences don’t leave much room for second chances. It’s classified as a category B felony, and if you’re convicted, you’re looking at a mandatory prison sentence under NRS 200.380.

Without any weapon involved, the penalties are already heavy:

• 2 to 15 years in the Nevada state prison
• Up to $10,000 in fines, depending on the case

Now, add a deadly weapon to the picture, and things escalate quickly. The law allows the court to tack on a weapon enhancement under NRS 193.165, which means:

• An extra 1 to 20 years
• And that time must be served after, not at the same time as, the original robbery sentence

So if you’re convicted of armed robbery in Nevada, you’re not just facing a robbery charge—you’re potentially staring down a sentence anywhere from 3 to 35 years.

There’s no probation for these kinds of convictions. No shortcuts. And no way to undo the damage once sentencing is handed down.

This is why having the right criminal defense attorney—someone who knows how to challenge enhancements, question procedure, and fight for reduced charges—can make all the difference in how your case plays out.

How Robbery Charges Are Fought in Nevada

Every robbery case is different. But one thing remains the same: the burden is on the prosecution to prove that a robbery actually occurred, and that it meets every legal element—intent, unlawful taking, force or fear—beyond a reasonable doubt.

Here are some of the more effective strategies defense lawyers may explore:

Mistaken Identity

Eyewitnesses can be wrong—very wrong. We’ve seen people misidentified because of poor lighting, high stress, or the fact that the event happened in a matter of seconds.

Sometimes, it’s as simple as someone being in the wrong place at the wrong time. A solid defense often starts with challenging the way a person was identified.

No Criminal Intent

To convict someone of robbery, prosecutors need to show that there was an intent to commit a crime—specifically, to use force or fear to take personal property from the person of another.

But what if the person genuinely believed the property was theirs? Or there was a misunderstanding, not a plan to rob anyone? That lack of intent can be a powerful defense.

Weak or Incomplete Evidence

No matter how serious the charge is, the rules don’t change: the state must prove its case beyond a reasonable doubt. If there are holes in the evidence, or if something critical is missing—like a surveillance video that doesn’t clearly show the suspect, or conflicting witness accounts—then the defense has room to push back hard.

No Force, Violence, or Fear

Robbery isn’t just about taking something—it’s about how it’s taken. If the prosecution can’t show that force, violence, or fear of injury was part of the event, then the charge may not hold.

That could lead to a reduction to theft or larceny, which come with lighter penalties and fewer long-term consequences.

Violations of Your Rights

If the police didn’t follow proper procedure—say, they searched without a warrant or failed to give a Miranda warning—then parts of their case could fall apart. Evidence gathered illegally can often be thrown out, and in some cases, that’s enough to get the entire case dismissed.

If you’re up against a robbery charge in Nevada, this is not the time to hope things work themselves out. It takes an experienced criminal defense attorney to find the right angle, expose the weaknesses in the state’s case, and make sure your rights are protected at every turn.

Why a Criminal Defense Attorney Matters More Than Ever

When you’re staring down robbery charges in Nevada, there’s no room to wing it. This isn’t shoplifting. It’s a category B felony with prison time that could stretch over a decade, longer if a deadly weapon is part of the case. The system is built to convict, not to give you the benefit of the doubt.

That’s where we come in.

At Benjamin Durham Law Firm, we’ve spent years in Las Vegas courtrooms, standing up for people who’ve been accused of serious crimes, including armed robbery under NRS 200.380. We understand how prosecutors work, and more importantly, how to push back.

Here’s how we approach robbery cases:

• We get to the facts fast—what really happened, what the police say happened, and where the gaps are.
• We track down witnesses, surveillance footage, and anything else that can challenge the case against you.
• We look for ways to reduce the charges, or build a strong defense if your case goes to trial.
• If the charges are stacked against you, we make sure they’re challenged at every turn.

Next Steps If You’re Facing Robbery Charges

If you’ve been charged with robbery in Nevada, waiting it out isn’t a strategy—it’s a risk you can’t afford. The details that matter most—evidence, witness accounts, paper trails—don’t stick around forever. And once the process starts moving, it rarely slows down for anyone.

Bringing in a criminal defense attorney early gives you a real shot at steering things in the right direction. At Benjamin Durham Law Firm, we’re here to walk you through the facts, lay out your options clearly, and help you make decisions you can live with.

A charge doesn’t mean it’s over. It means it’s time to push back. Reach out—we’re ready when you are.