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Theft Crimes In Las Vegas

Theft crimes in the state of Nevada can come with very serious penalties, including both prison time and major fines. Employers also have the option of rejecting your job application should they search your background history and find that you were convicted of theft crimes. Some of the penalties that a judge could impose for someone convicted of a theft crime including shoplifting in the state of Nevada could be given similar penalties regardless of whether the theft crimes were classified as petty larceny or grand larceny. In the case of petit larceny, which is a misdemeanor, it is possible to be sentenced with up to $1,000 in fines and/or up to six months in prison along with restitution. Prosecutors may be willing to dismiss a theft crime charge of petit larceny or reduce the charge to only require a fine as well as restitution without a prison sentence.

 


Type Of Theft Crimes

Petit larceny, commonly known as petty larceny or petty theft, is a charge that one will face if caught shoplifting or taking personal property owned by another or property belonging to a hotel. That’s right, taking those bath towels from the hotel can be a petit larceny. Typically, petit larceny is when one intentionally steals, takes and carries away, leads away or drive away personal property or goods, with a value less than $650, owned by another.

Penalties for Petit Larceny Include:

  • A misdemeanor of up to 6 months in jail and/or fine not more than $1,000
  • Possible community service instead of jail
  • Restitution for property stolen

Property will be valued at the highest value attributable to the property by any reasonable standard for purposes of determining the $650 threshold for petit larceny and restitution.

Defenses are available: Lack of intent to steal the property; it was your property; if there was not taking at all; and of course, any pretrial motions to suppress evidence due to any illegal search or seizure.

Typically, grand larceny is when one intentionally steals, takes and carries away, leads away or drive away personal property or goods, with a value of $650, owned by another. It may also include withdrawing or transferring money in a financial institution to obtain intentionally money to which the person knows he/she is not entitled. Similar to petit larceny, but the main key here is the value of the property, and because of this value, the penalties are much harsher.

Penalties include:

  • If the value of property is valued at less than $3,500, a category C felony and a minimum 1 year and not more than 5 year prison sentence and possible fine not more than $10,000
  • if the value is $3,500 or more, a category B felony and a minimum 1 year and not more than 10 year maximum sentence and fine not more than $10,000
  • Restitution
  • If a firearm is stolen, then it is automatically a category B felony

Property will be valued at the highest value attributable to the property by any reasonable standard for purposes of determining the $650 threshold for petit larceny and restitution.

Defenses are available: Lack of intent to steal the property; it was your property; if there was not taking at all; and of course, any pretrial motions to suppress evidence due to any illegal search or seizure.

Nevada has done away with the common law definition of burglary, including the time of day, breaking entry, and has expanded it to pretty much include any structure, even an outhouse. Burglary is defined as a person who, by day or night, enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider, boat or railroad car, with the intent to commit grand or petite larceny, assault or battery on any person or any felony, or to obtain money or property by false pretenses.

Penalties are harsh and include long prison terms and high fines.

Penalties are:

  • A category B felony and a minimum 1 year and a maximum term not more than 10 years, and possible fine not more than $10,000 and if one has a prior conviction of a burglary or forcible entry or invasion of a dwelling will not be eligible for probation or granted a suspension of sentence
    • If the person who committed the burglary had possession or gains possession of any firearm or deadly weapon during the commission of the burglary, is a category B felony and a minimum term of 2 years and a maximum tern not more than 15 years and possible fine of not more than $10,000
  • If one breaks and enters or unlawfully enters then it can be reasonably inferred that one had the intent to commit the burglary
  • Furthermore, a person may be prosecuted for each crime separately during the commission of the burglary

As you can see, burglary is a serious offense. Possible defenses include: the lack of criminal intent to commit larceny or assault or battery or any felony; any defense to the underlying crime; and any pretrial motions. If you are a loved one is being charged with burglary charges in Las Vegas, contact the office of attorney Garrett T. Ogata for a consultation.

Writing a Bad Check NRS 205.130 and NRS 205.132

Writing a check willfully and with an intent to defraud to obtain money, delivery of valuable property, services, the use of property or credit extended by any licensed gaming establishment when the person has insufficient money to pay in full upon its presentation may be guilty of either a misdemeanor or category D felony.

If a person writes a check or multiple checks in a 90 day period that amount to $650 or more, the person will be guilty of a category D felony and restitution. A person who also was previously convicted 3 times of misdemeanor bad check writing, who is charged again for writing a bad check is guilty of a category D felony. If the amount is under $650 or you do not have 3 previous bad check convictions, you will be charged with a misdemeanor. If someone willfully issues a check for the payment of wages in excess of $650 or more, when he or she knows there are insufficient funds to pay, is guilty of a gross misdemeanor.

To be convicted of writing a bad check, one must have the specific intent to do so, which means he or she wrote the check with the intent to defraud. Not knowing one did not have enough funds to pay the check would be a defense. However, your intent to defraud and knowledge can be presumed if the check was written for an account that did not exist, or your failed to pay in full within 5 days after receiving notice of insufficient funds, or you did not have sufficient funds to begin with.

Having sufficient funds when you wrote the check or paying within 5 days of notice of the check bouncing may be a defense. It is sometimes possible to get the charges dismissed if your attorney can get the D.A. to agree to dismiss the charges if restitution is paid.

A category D felony carries a minimum prison term of 1 year and a maximum 4 years and fines up to $5000. A gross misdemeanor carries a jail term up to 364 days, or by fine up to $2000, or both fine and jail. A misdemeanor carries a jail term of not more than 6 months in jail, or fine not more than $1000, or both jail and fine.

An attorney can help in dealing with prosecutors to negotiate lesser charges or a dismissal, or to defend you if you go to trial.


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