Blogs from November, 2019

Say you’re driving down the highway when you notice the lights of a police car flashing in your rearview mirror. You look down at your speedometer and see that you’re going around 10 mph over the speed limit. You pull over for the officer and expect to be cited for the traffic offense, but a little while later you find yourself arrested on suspicion of driving a stolen vehicle.

How could that happen?

In Nevada, theft is defined as intentionally taking or driving off with personal property owned by someone else. The state defines two types of theft: grand larceny and petit larceny. Grand larceny occurs when the stolen item is valued at $650 or more, and petit larceny is when it’s has a value of less than $650.

Let’s say the car you were driving was registered to your friend. You asked to borrow it a week ago because your vehicle was in the shop getting repaired.

Earlier in the day, before you were pulled over, your friend called you to ask for their car back within the next hour. You told them that you had to be at work in 15 minutes and would return the vehicle to them after your shift. Unfortunately, they got angry with you and complained about the length of time you had the car. Without saying much more, they hung up.

After you got off work, you rushed over to your friend’s house to return their car, and it was while you were heading over there that the police stopped you. It turned out that, in a fit of rage, your friend called the police to report their car stolen. Therefore, you were arrested for grand larceny of a motor vehicle, which is a category B felony charge.

If you are convicted of grand larceny of a motor vehicle, and the prosecutor can prove it was worth $3,500 or more, you could face:

1. Between 1 and 10 years in prison
2. A $10,000 fine
3. An order to pay restitution to the vehicle owner

The Intent Behind the Action

N.R.S. 205.220, the grand larceny law, states that a person commits the offense when they intentionally take or drive off with someone else’s property. In the example given earlier, you believed you were given permission to borrow your friend’s car. It was only after they became upset that you still had it that they reported it as stolen. Because the police were alerted as such, they placed you under arrest.

However, in order for the prosecutor to land a conviction for the grand theft offense, they would have to prove you intentionally took the vehicle from your friend. In this case, it may be possible to raise the defense that you had no intent to steal the car.

Get Aggressive Defense from the Law Offices of Kenneth A. Stover

If you were charged with a theft crime in Reno, our attorney will fully review your circumstances to build a legal strategy and fight the allegations. Backed by 20 years of experience, we have the knowledge and skills to provide effective counsel throughout your case.

Schedule your free consultation by calling us at (775) 502-1575 or contacting us online.

Nevada, as in all other states, has what is called the statute of limitations that place deadlines on when the prosecution can file charges against a person alleged to have committed a crime. If they try to prosecute the matter outside of that time period, the case may be dismissed. The statute of limitations applies to felonies and misdemeanors, including assault. Whether or not you can be charged with an assault offense that occurred over 1 year ago depends on the circumstances of your case.

The Rationale Behind the Statute of Limitations

In criminal cases, for prosecution to convict you of an offense, they must prove beyond a reasonable doubt that you committed the alleged crime. This burden requires that the prosecutor present evidence in court that supports their allegations.

The evidence the prosecutor submits could include any number of things, such as eyewitness testimonies, blood samples, security camera footage, and documents. Over time, evidence can degrade, samples could get lost, and a witness could forget the details of the incident.

In the U.S., every person has the right to a fair trial. If your case is heard long after the alleged offense occurred, your constitutional protection could be violated because of problems with the prosecutor’s, or your evidence. That is where the statutes of limitations come in. These laws are a way to ensure your rights are upheld by not allowing a case to commence a while after the crime.

The deadline for beginning prosecution varies depending on the type or level of offense. In some circumstances, such as murder cases, there is no statute of limitations at all.

Here, we’ll just focus on the statute of limitations for assault.

What Is Considered Assault in Nevada?

In Nevada, if you try to use physical force against someone else, you could be accused of committing a crime. For example, attempting to punch someone but missing them is considered assault. Likewise, it is unlawful for you to intentionally make another person reasonably fear that you will cause them bodily harm, such as by pointing a gun at the individual.

What Is the Statute of Limitations for Assault?

Generally, simple assault, an offense without the use of a deadly weapon, is charged as a misdemeanor. For instance, if Bob upset you and you tried to punch him in the face but he ducked out of the way, you’re facing a misdemeanor charge. If that alleged incident happened over 1 ½ years ago, can the state still prosecute that crime?

In this case, no. According to N.R.S. 171.090(2), the complaint for a misdemeanor offense such as assault must be commenced within a year of the incident.

However, if Bob was a police officer and you knew that, then the state could file charges against you even if the offense occurred over a year ago.

Why? Because the offense becomes a gross misdemeanor when it’s committed against any of the following while they’re performing their official duties:

1. Officer
2. Health care provider
3. School employee
4. Taxicab driver
5. Transit operator
6. Sports official

The prosecution can commence within 2 years of the alleged offense.

The state has even longer still for felonies. Assault becomes a felony when a deadly weapon is used. That means if you pointed a gun at Bob and he feared you would harm him, the prosecutor can start a case against you up to 3 years later.

Schedule a Free Consultation with the Law Offices of Kenneth A. Stover

Our attorney is prepared to provide the legal defense you need to fight criminal charges in Reno. We have been practicing law for 20 years and know how to build a solid strategy and work toward a favorable outcome on your behalf.

For aggressive legal counsel, call us at (775) 502-1575 or contact us online.