Accused of theft, embezzlement or fraud?
WHAT IS THE LEGAL DEFINITION OF THEFT IN NEVADA?
In Nevada, theft is a criminal offense that involves taking someone else's property without their permission or consent. It is a serious crime that can result in significant legal and financial consequences for the accused. Theft can be charged as a misdemeanor or felony.
Theft is a broad term that encompasses a range of actions, including stealing, embezzlement, fraud, and larceny. Stealing involves physically taking someone else's property, while embezzlement involves taking property that has been entrusted to you for safekeeping, such as money from an employer. Fraud involves using deception to obtain property or money, while larceny involves taking property with the intent to permanently deprive the owner of it.
Let's get into the specifics for Nevada, where theft is defined as the intentional taking of someone else's property without their consent or permission, with the intent to permanently deprive the owner of the property. The severity of the charge and penalties depend on the value of the property that was taken. If accused of taking something of higher value, it may result in more serious charges like a felony.
WILL MY NEVADA THEFT BE A MISDEMEANOR OR FELONY?
In many jurisdictions, theft is classified as a felony or a misdemeanor, depending on the value of the property that was taken.
Felony theft typically involves property worth a significant amount of money,
Misdemeanor theft involves property of lesser value. The penalties for theft can vary widely, depending on the jurisdiction and the circumstances of the crime.
For example, if accused of stealing property valued at less than $650, the offense is typically classified as a misdemeanor, punishable by a fine of up to $1,000 and up to six months in jail. For property valued at $650 or more, the offense is classified as a felony, punishable by a prison sentence of up to 10 years and a fine of up to $10,000. Therefore, if accused of keeping your ex's I-phone, you could be facing a felony charge.
WHAT ARE SOME OF THE TYPICAL SENTENCES FOR THEFT IN NEVADA?
Typically, if you are convicted of theft in Las Vegas, you may be sentenced to time in jail, fines, restitution, community service and classes intended to help individuals make better decisions. A felony conviction is defined by a crime that is punishable by over 1 year in prison. A gross misdemeanor carries a sentence of up to 364 days, just short of a year, and a misdemeanor typically carries a potential sentence of up to 6 months in jail.
In addition to criminal penalties, individuals who are found guilty of theft may also be required to pay restitution to the victim, which involves reimbursing the victim for the value of the property that was taken. They may also face civil penalties, such as lawsuits or damages, if the victim chooses to pursue legal action. Nevada law allows victims of theft to pursue civil remedies, such as a lawsuit to recover damages. Victims may be entitled to compensation for the value of the property that was stolen, as well as any additional damages or losses they suffered as a result of the theft.
ELEMENTS OF THE CRIME OF THEFT IN NEVADA
To be convicted of theft, the prosecution must prove that the individual had the intent to steal the property. This can be difficult to prove in some cases. Specifically, if the accused claims that they believed the property was theirs or that they had permission to take it. A skilled prosecutor can build a strong case against the defendant by gathering evidence and interviewing witnesses. You will need a skilled defense attorney to prove you had no intent to deprive the owner of the property.
If you, or a loved one, have been accused of theft, it is important to seek quality legal advice as soon as possible. An LBC criminal defense attorney can help you understand your rights, and can work to build a strong defense against the charges.
It's important to note that theft in Nevada can also include embezzlement, which is the theft of property that has been entrusted to the defendant. Embezzlement is a felony offense, regardless of the value of the property taken, and is punishable by up to 10 years in prison and a fine of up to $10,000. It can also include using someone else's credit card either at the gas station or for online purchases.
If you have been accused of theft or embezzlement in Nevada, it's important to seek the advice of one of our 5, experienced Las Vegas criminal defense attorneys. Our skilled Henderson attorneys can help you understand your rights and options, build a strong defense against the charges, and work to negotiate a favorable outcome in your case. Whether it's trial or a plea deal....LBC can help you get back to life as it should be.