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ROBBERY AND ROBBERY WITH USE OF A DEADLY WEAPON

 

* This article is intended for general interest. It should not be used for legal advice for your particular matter.This information is valid as of June 14, 2017. If you have questions about your case, call our office to speak with an attorney.
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ROBBERY

NRS 200.380 Definition; penalty.

1. Robbery is 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, or the person or property of a member of his or her family, or of anyone in his or her company at the time of the robbery. A taking is by means of force or fear if force or fear is used to:

(a) Obtain or retain possession of the property;
(b) Prevent or overcome resistance to the taking; or
(c) Facilitate escape.

The degree of force used is immaterial if it is used to compel acquiescence to the taking of or escaping with the property. A taking constitutes robbery whenever it appears that, although the taking was fully completed without the knowledge of the person from whom taken, such knowledge was prevented by the use of force or fear.

2. A person who commits robbery is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.

ROBBERY WITH USE OF A DEADLY WEAPON

If a deadly weapon or tear gas was used during the robbery, NRS 193.165 provides that the court must add additional prison time of not less than 1 year or more than 20 years.

In determining the length of the additional penalty imposed, the court shall consider the following information:

(a) The facts and circumstances of the crime;
(b) The criminal history of the person;
(c) The impact of the crime on any victim;
(d) Any mitigating factors presented by the person; and
(e) Any other relevant information.

The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

2. The sentence prescribed by this section:
(a) Must not exceed the sentence imposed for the crime; and
(b) Runs consecutively with the sentence prescribed by statute for the crime.
3. This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
4. The provisions of subsections 1, 2 and 3 do not apply where the use of a firearm, other deadly weapon or tear gas is a necessary element of such crime.
5. The court shall not grant probation to or suspend the sentence of any person who is convicted of using a firearm, other deadly weapon or tear gas in the commission of any of the following crimes:
(a) Murder;
(b) Kidnapping in the first degree;
(c) Sexual assault; or
(d) Robbery
6. As used in this section, “deadly weapon” means:
(a) Any instrument which, if used in the ordinary manner contemplated by its design and construction, will or is likely to cause substantial bodily harm or death;
(b) Any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing substantial bodily harm or death; or
(c) A dangerous or deadly weapon specifically described in NRS 202.255, 202.265, 202.290, 202.320 or 202.350.

Nevada did not always use this definition of deadly weapon. The Nevada Supreme Court previously determined that a deadly weapon was any instrumentality which was inherently dangerous. Inherently dangerous means that the instrumentality itself, if used in the ordinary manner contemplated by its design and construction, will, or is likely to, cause a life-threatening injury or death. Zgombic v. State, 798 P.2d 548, 106 Nev. 571 (Nev., 1990).

In Zgombic, the defendant was wearing construction boots when he kicked the victim, causing injuries. The boots were used for the deadly weapon enhancement. On appeal, the Court found that boots were not inherently dangerous and reversed this enhancement.

The legislature changed the definition after this opinion. Consequently, the definition of “deadly weapon” in now much more broad.

 

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