Blogs from February, 2023

Intent, or doing something willfully, is a big part of any criminal case. The legal, Latin term for intent is "mens rea." When you understand how important intent is in a criminal case, you can develop strong defense strategies. Proving that you did not mean to commit a crime could be the difference between freedom and a long-term prison sentence.

In this blog, we will broadly explore the idea of intent and how it specifically relates to theft crimes. If you’re facing any form of theft allegation, use this article to help you better understand your charges and how to fight them.

Defining Intent in Theft Cases

In Nevada, intent is defined as “the purpose or set of purposes for which a person acts and the state of mind accompanying that action.”

Put simply, a person must willfully commit a crime for a jury to find them guilty. The state uses this definition and its related criteria to determine whether a theft occurred. This forms the foundation of theft prosecutions in Nevada.

The “state of mind” portion of the definition refers to how clearheaded someone is at the moment of the crime. If they are having a mental health episode, for instance, the court should consider this fact when determining intent. Courts can even consider whether someone was drunk or high at the time.

How Courts Consider Intent in a Theft Case

When it comes to determining intent in theft cases, Nevada courts consider a variety of factors.

The court can evaluate:

• The accused’s patterns of behavior
• The frequency of particular behaviors
• evidence related to premeditating or planning the crime
• statements the accused made about being involved or uninvolved in a theft

Furthermore, physical evidence of an alleged crime may reveal intent. Imagine, for instance, police search the suspect’s car and find tools commonly used to break into a safe. At that point, it’s fair for them to assume the suspect was involved in a recent safecracking crime.

Challenging Intent in a Theft Allegation

Here are some defenses you can use to show you did not willfully steal another person’s property.

• Necessity
  In an emergency, you may be able to justify taking someone else’s belongings. You, for instance, are running from muggers and see an unchained bike, so you hop on the bike and make your escape.
• Consent Was Present
  If you honestly believe that the owner gave you access to property and you took it, you can show the court that the entire incident was a mistake or a miscommunication. For instance, you believed you had the right to borrow someone’s car, but they reported it stolen.
• The Property Was Abandoned
  Let’s say a mother puts her cell phone down on a park bench and runs over to the playground when her child falls. While she’s tending to her child, someone swipes the phone. In that case, it’s hard to argue that she abandoned the property, and the alleged thief could face penalties.
  
  However, imagine someone who throws their cell phone into the grass, yelling, “Piece of junk!” They leave it there and walk away, never turning back. A situation like this could justify an “abandoned property” defense in a theft case.

Nevada’s Penalties for Theft Crimes

Sentencing fluctuates based on the details of the crime. Embezzlement, for instance, carries far steeper punishments than purse-snatching.

Lower-left theft is often a misdemeanor crime, which can include jail time and steep fines. Felony theft charges can result in 10 1o 15 years in prison.

The value of the property is also relevant to sentencing. If the stolen property stolen is worth $1,000 or more, the crime can be classified as a Category B felony.

Other repercussions can:

• Probation
• Community service orders
• Court-mandated restitution
• Enrollment in counseling programs at your expense
• Professional license suspension or revocation, depending on your profession

Law Offices of Kenneth A. Stover is here to help you fight theft allegations. Call us today at (775) 502-1575 or contact us online to schedule your free consultation.

Getting accused of driving while intoxicated can have a tremendous impact on your life. Not only can it affect your freedom, as you could serve jail time and lose driving privileges, but it can also affect your personal life. Due to the stigma around DUI allegations, you could lose friendships or even your job.

Breathalyzers and other DUI tests are not always accurate. You could be well within the legal limit and still find yourself arrested.

Considering these facts, here are some tools you can use to avoid being accused of drunk driving altogether.

Know the Legal Limit

Knowing the laws around drinking and driving is an important part of keeping yourself safe.

Paying attention to how much alcohol you consume before getting behind the wheel is essential. Most states set a limit of 0.08% blood-alcohol content (BAC) to legally operate a vehicle. There are various smartphone apps you can download that will estimate your BAC, and some online stores even have miniature breathalyzers you can put on your keychain.

If you feel impaired at all, even just a little buzzed, your best bet is to avoid driving altogether. Doing so can keep you out of trouble, and it can help keep you and those around you safe.

Use a Designated Driver

The most effective way to avoid a DUI is, quite simply, not to get behind the wheel if you’ve had anything to drink.

If you’re going out for a night of fun and planning to drink, make sure you have one person with you who pledges to remain sober. This person should avoid all intoxicants throughout the evening, meaning they cannot consume even one drink. At the end of the night, the sober party will drive you back home. To keep it fair, you can switch roles every time you go out. You can be the driver on one outing, then them the next, and so on.

Utilize Public Transportation or Ridesharing

Consider taking public transit, or use a ridesharing service like Uber or Lyft.

Public transportation is an eco-friendly way to get around, which is an added bonus. Often, it also uses safety measures such as cameras and other monitoring systems.

Using other available transport is generally safer than walking home as well, especially if you’ve been drinking.

Reach Out for Help

Sometimes, events just get away from you. You think you’ve been monitoring your drinking, only to realize you are in no condition to drive. If you think you may be heading for a DUI, ask for help from friends or family members instead of getting behind the wheel.

Doing so can be embarrassing, especially if you have to reach out to your parents. Also, let’s be realistic. No one wants to drop what they’re doing to go pick up a drunk friend.

However, consider the alternative. You could spend the night in jail, and you could cause a bad situation for others. Yes, the person you contact might be annoyed. We would bet, however, that they would prefer you get home safe and avoid an arrest.

Even if you take all the right steps, the police might still accuse you of drinking under the influence. The Law Offices of Kenneth A. Stover can help defend you against such allegations. If you need help, schedule time with our team by calling (775) 502-1575 or contacting us online.