Receiving stolen property charges can have serious consequences. If you're facing such charges in Nevada, it's crucial to enlist the help of an experienced attorney. This blog post will examine the penalties associated with stolen property charges, the specifics of Nevada code NRS 205.272, and why hiring an attorney is essential.

Understanding Nevada Code NRS 205.272

Nevada Revised Statutes (NRS) 205.272 covers the crime of receiving, possessing, or withholding stolen goods. Under this law, if a person knowingly accepts or purchases property obtained illegally, they can be charged with a crime. It's important to note that even if you didn't steal the property yourself, simply being in possession of it can lead to serious legal trouble.

What Crimes are Considered Receiving Stolen Property?

Receiving stolen property is a broad charge that can encompass a variety of crimes in Nevada. This offense is not limited to simply being in possession of stolen goods; it also includes knowingly buying, receiving, possessing, or withholding such property. Here are some detailed examples of what could constitute a receiving stolen property charge:

• · Buying Stolen Goods: If you knowingly purchase an item that has been stolen, you can be charged. For example, if someone offers to sell you a high-end bicycle at a suspiciously low price and you suspect it might be stolen, purchasing it could lead to charges.
• · Receiving Stolen Goods as a Gift: Accepting stolen property, even as a gift, can result in charges if you have reason to believe the item was stolen. For instance, if a friend gifts you a luxury watch and you know they couldn't possibly afford it, you could be held liable.
• · Possession of Stolen Property: Simply having stolen items in your possession can lead to a charge, regardless of how they ended up there. For instance, if you're found with a stolen laptop in your backpack, you could face charges, even if you didn't steal it yourself.
• · Withholding Stolen Property: If you're aware that an item is stolen and you intentionally keep it from its rightful owner, this is also a crime. For example, if you find a stolen smartphone and decide to keep it rather than report it to the police or return it to the owner, you could be charged.

It's important to note that under Nevada law, the prosecution must prove that you knew, or should have known, that the property was stolen. This is where an experienced attorney can make a significant difference in your defense strategy.

Penalties for Possessing Stolen Property

Understanding the penalties associated with receiving stolen property in Nevada is crucial in preparing your defense and knowing what you're up against. The penalties vary based on the value of the stolen property, and it's important to know that even lower-value items can result in serious charges and consequences.

• Property Valued at Less than $650: In Nevada, if you're charged with receiving stolen property valued less than $650, you're looking at a misdemeanor. This might seem minor, but don't be fooled. A misdemeanor conviction still carries significant penalties, including fines of up to $1,000 and potential jail time of up to six months.

• Property Valued Between $650 and $3500: If the stolen property is valued between $650 and $3500, the charge escalates to a category C felony. The stakes are much higher here, with potential imprisonment for 1-5 years and fines up to $10,000. Having a felony on your record can also impact your future employment opportunities and personal rights.

• Property Valued Over $3500: If you're charged with receiving stolen property valued over $3500 in Nevada, you're facing a category B felony. This is a serious charge that comes with severe penalties. If convicted, you could face imprisonment for 1-10 years and be required to pay fines up to $10,000. The long-term consequences of a felony conviction can be devastating, affecting your ability to find employment, secure housing, or even maintain certain civil rights. Legal representation is crucial if you're facing this level of charge.

No matter the value of the stolen property you're accused of receiving, the potential penalties in Nevada are serious and can have far-reaching effects on your life. It's essential to seek professional legal advice to navigate these charges effectively.

Why You Need an Attorney to Help You Fight Charges

Facing criminal charges can be overwhelming and frightening. An experienced attorney can help guide you through the complex legal process, build a strong defense, and fight for your rights. They can evaluate the evidence against you, challenge the prosecution's case, and potentially negotiate for reduced charges or even a dismissal.

Facing a charge for receiving stolen property in Nevada is not something to take lightly. The potential penalties are severe, and the impact on your life can be long-lasting. That's why it's crucial to hire an experienced attorney who can help you navigate the legal system and fight for your rights.

How the Law Offices of Kenneth A. Stover Can Help

The Law Offices of Kenneth A. Stover has over 20 years of experience defending clients against receiving stolen property charges in Nevada. Our team understands the intricacies of Nevada's theft laws and can provide aggressive representation to protect your rights. Call (775) 502-1575" target="_blank">(775) 502-1575 to schedule a consultation. Our team will work tirelessly to examine all the evidence, challenge the prosecution's assumptions, and strive for the best possible outcome in your case.

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.

Theft takes many forms. It can be direct, such as in a robbery or purse-snatching, and it can also be more discreet. Whit-collar theft takes place in transactions. It too can be more direct, like stealing money directly from someone’s bank account.

One form of white-collar crime, however, is more subtle. It is often harder to detect, and offenders can sometimes get away with the crime for years. This is the crime of embezzlement.

Embezzlement occurs when one person entrusts another with their money, and that second person quietly steals from the first.

Embezzlement is often charged as a federal crime, but each state has its own laws against the offense.

Nevada takes embezzlement seriously, and penalties are steep.

• Embezzling $100,000 or More:
  Category B felony; prison between 1 and 20 years; restitution; fines up to $15,000
• Embezzling Between $25,000 and $99,999:
  Category B felony; prison between 1 and 10 years; restitution; fines up to $10,000
• Embezzling Between $5,000 and $24,999:
  Category C felony; prison between 1 and 5 years; restitution; fines up to $10,000
• Embezzling Between $1,200 and $4,999:
  Category D felony; prison between 1 and 4 years; restitution; fines up to $5,000
• Embezzling Less than $1,200:
  Misdemeanor; jail up to 6 months; restitution; fines up to $1,000

If you’ve been accused of this crime, talk to an attorney right away. Here are some defenses you can strategize together.

Debunk the Evidence

In any criminal charge, it’s important to take a long, hard look at the evidence against you. Remember, a jury should be convinced of your guilt “beyond a reasonable doubt,” so any flaw could help your case.

Embezzlement is a complicated crime, and that fact can work in your favor. Just building a case can take months, and you can use that time to gather your own evidence, helping prove that you’ve been misunderstood. Something that looks like embezzlement could be completely innocent. Make sure you have an attorney who understands these complexities and can use them in your favor.

Claim a Lack of Intent

Intent, or the willingness to commit a crime, is a huge component in any criminal case. Generally, people don’t want to convict someone who made a simple mistake.

Even the best financial professionals have a bad day. When you’ve been under stress, such as in a divorce or the death of a loved one, you can easily make mistakes in a complex, high-pressure job. It’s entirely possible to illegally move money without realizing it.

Maybe you did do something willingly, knowing that you would reverse this action later. In the complex world of finance, it’s often necessary to move money around. Perhaps you moved money to a personal account for safekeeping, completely expecting to move it elsewhere. Before you get the chance, someone finds that money under your name, and you’re being accused of a crime.

Explain that You Were Coerced

We all have the freedom to make our own choices, but we also have authority figures who have a lot of power over us. If your employer or manager orders you to do something illegal, it can be hard to say no. Courts can be sympathetic to this power dynamic.

Operating under duress can be more harrowing. Financial experts aren’t always aware of their client’s backgrounds, and they can find themselves working for professional criminals. If someone forced you to commit a crime by threatening you or your family, you may be able to use this fact to avoid criminal sentencing.

Our firm is here to help those accused of embezzlement. If you need help, contact us today by calling (775) 502-1575 or filling out our online contact form.

In last month’s shoplifting article, we discussed effective defenses against the crime. Now, we want to explore what might happen if you don’t fight these charges in court.

Nevada takes shoplifting charges seriously. At the low end, the crime is a misdemeanor. On the opposite extreme, it can be charged as a felony.

Before, going forward, let’s discuss the differences between these two criminal categories.

Misdemeanors vs. Felonies

Typically, states have three levels of criminal charges: infractions, misdemeanors, and felonies. Infractions are the lowest crimes, often punished with fines, community service, or minor probationary obligations.

Misdemeanors are the “middle” crime. People often make the mistake of dismissing misdemeanors as minor crimes. This way of thinking is a mistake.

Even the lowest-level misdemeanors, those that do not come with jail time, stay on your record. When someone does a background check, they may not see that you served a menial sentence. They will simply see a misdemeanor, and this could affect your ability to get a job, housing, and more.

Felonies are the most severe crimes. Lower-level felonies can be sentenced like misdemeanors, but the highest-level felonies could result in life imprisonment.

Depending on the circumstances, Nevada will charge shoplifting as either a misdemeanor or a felony.

Misdemeanor Shoplifting in Nevada

Nevada values its shoplifting crimes according to the value of the allegedly stolen merchandise.

If the total of the shoplifted items is less than $1,200, the state will charge the offender with a misdemeanor. This can result in up to 6 months in jail with fines as high as $1,000 and a possible court-ordered restitution.

Felony Shoplifting in Nevada

Once the value of the items goes over $1,200, penalties become more severe. At this point, the state charges offenders with a felony. The more valuable the merchandise, the steeper the penalties.

Nevada’s Felony Shoplifting Penalties

Merchandise Between $1,200 and $4,999

Category D felony; prison from 1 to 4 years; restitution; fines up to $5,000

Merchandise Between $5,000 and $24,999

Category C felony; prison from 1 to 5 years; restitution; fines up to $10,000

Merchandise Between $25,000 and $9,999

Category B felony; prison from 1 to 10 years; restitution; fines up to $10,000

Merchandise Valued at $100,000 or More

Category B felony; prison from 1 to 20 years; restitution; fines up to $15,000

Immigration Penalties

Grand larceny is a deportable offense. In legal terms, “Larceny” is the word for “theft,” and “grand” indicates theft to a high degree. Nevada’s grand larceny standard begins at $1,200 or more.

If you’ve been accused of shoplifting, your immigration status could be in trouble. Make sure to contact a good attorney right away to help preserve your right to stay in the states.

Our Firm Is Here to Help

We know that everyone in our country is innocent until proven guilty. We are here to help preserve that innocence. The state’s job is to prove your case beyond a reasonable doubt. We will use our investigative skills to help uncover holes in their accusations against you. If there is any doubt about your guilt, you should be allowed to go free, and we want to help make that a reality for you.

For a free consultation, call us right away at (775) 502-1575. You can also schedule time with us online.

When you’ve been accused of shoplifting, the outlook can appear bleak. The authorities say they’ve caught you red-handed, so there’s no use in arguing against the charge. Don’t believe them. This is a trick. It’s an attempt to move the case along quickly. They want to secure a guilty verdict and move on.

You can fight any charge in court. This is your right. The prosecution has a responsibility to prove your guilt beyond a reasonable doubt. You can make them work for it by pleading not guilty and challenging your case.

No matter what evidence the authorities believe they have against you, you can always push back against a shoplifting allegation. Here are some effective defenses you can use in court.

There Was No Intent

To build a strong case, prosecutors must show that someone is guilty beyond a simple technicality. They need to show intent. This means that, in a shoplifting charge, the accused purposely stole something. Furthermore, shoplifting implies that the alleged offender did not intend to bring an item back.

It’s easy to get distracted while you’re out shopping. You could be busily checking your list, wrangling in the kids, or simply daydreaming. In your confusion, you may accidentally walk out of the store without paying for an item or two. Before you get the chance to return it, you’re suddenly facing a shoplifting arrest.

If you took something by accident and didn’t get the chance to return it, this is a genuine, credible defense against shoplifting.

The Item Was Not Concealed

Technicalities matter in a criminal accusation. Shoplifting charges assume that you hid an item and walked out of the store with it. If you had the item in the open and left the store, this could, technically, invalidate your shoplifting charge.

A lack of concealment can also work within a lack of intent claim. You could argue that if you brazenly had the item out in the open, you clearly didn’t realize you were stealing it. Maybe you thought you’d already paid for it, or maybe you simply didn’t realize it was in your hand. Essentially, you’re claiming that you’re not foolish enough to openly walk out of the store with stolen goods.

The Police Have the Wrong Person

It’s easy to mistake one person for another, especially in a crowded store. Eyewitnesses are unreliable at the best of times. Any simple obstruction like a shelf or an item jutting into an aisle can confuse onlookers. You can also assume that a witness didn’t see you for long, unless they had been staring at you for quite a while.

Even security footage can be misinterpreted. Cameras are often placed at odd angles, and even with modern technology, the footage can be grainy and indistinct. The person on camera may bear a striking resemblance to you, but that doesn’t mean it’s definitely you.

Remember, your attorney’s main objective is to sow doubt into the prosecution’s argument. If they can make the court questing whether the wrong person was accused, even just a little, you may be able to beat your shoplifting charge.

Our firm is here to help defend you against shoplifting allegations. Call us at (775) 502-1575 today for a free consultation. You can also schedule time with us online.

Theft is one of the most frequently committed crimes and has a wide range of consequences for someone who is convicted. Considering that almost anything can be stolen, there are various classifications for theft crimes in the legal system. The charges a person will receive depend entirely on the nature of the specific theft they are being accused of. Someone can receive felony charges in certain severe situations, and those charges have the potential to be life-altering if a conviction is made.

Defining Theft Through the Law

Theft is a broad term used to describe the many crimes involving a person stealing property that does not belong to them. The legal definition describes theft as intentionally taking property from another person or entity without consent and with the intent to deprive that person of its benefits. Different types of theft crimes include:

• Embezzlement: This charge applies when someone who is given the responsibility of handling money for someone else or for a business takes that money for their own use without permission. Embezzlement is most commonly committed by employees who have access to their employer’s finances.
• Extortion: A person has committed extortion when they take personal items or money from another person by intimidating or threatening them. The threats do not need to be carried out immediately and can include actions such as physical harm, exposing someone’s secrets, accusing someone of a crime they did not commit, and damaging their property.
• Larceny: Larceny is the crime many people think of when they hear the word theft. It involves taking someone’s property with the intent to deprive them of that property permanently. Larceny is a specific crime under the umbrella of theft because it is only applicable in situations involving tangible property, such as jewels or home goods.
• Burglary: Burglary is a serious crime that involves entering someone’s property without permission with the intent to steal things, harm them, or commit another felony crime. Burglary is not limited to private homes and can include entering property such as stores, cars, boats, and other structures.
• Robbery: This charge can be brought upon anyone who takes property from another person by using force such as violence or intimidation. Verbal threats and violent physical contact without a weapon are examples of force that can lead to robbery charges. Robbery is elevated to armed robbery when a weapon is used.
• Deception: A person has committed a theft through deception if they have tricked another person into giving them their personal property. For example, if someone asks to borrow their friend’s bike with the intention of keeping it, it would be classified as “larceny by trick.”

Theft crimes can also be classified based on the value of what was stolen. This method of classification includes petty theft and grand theft.

• Petty theft, also known as petit larceny, occurs when someone steals property valued at less than $1,200. Convictions for this crime in the state of Nevada are misdemeanors.
• Grand theft, also known as grand larceny, occurs when someone steals property valued at more than $1,200. This crime is a felony in the state of Nevada.

Theft as a Felony Charge in Nevada

Theft crimes that are more serious or involve high-value property will be charged as felonies in the state of Nevada. For example, if a theft crime involves stealing a vehicle or a firearm, the crime automatically becomes a felony. Felony charges for theft crimes in Nevada are broken down as follows:

• Class D Felonies: Theft crimes are considered Class D felonies when the value of stolen property exceeds $1,200 but is less than $5,000. The penalties for a Class D felony include a prison sentence between 1 and 4 years long as well as a fine that can be worth as much as $5,000.
• Class C Felonies: Class C felony theft occurs when someone steals property or services that are worth at least $5,000 but no more than $25,000. The penalties for Class C felonies include a prison sentence between 1 and 5 years long as well as a fine that can be worth up to $10,000. It is worth noting that the first offense of stealing a vehicle is also a Class C felony regardless of how much the vehicle was worth at the time it was stolen.
• Class B Felonies: Class B felony theft has different consequences depending on the specific nature of the crime that was committed. If someone steals more than 1 vehicle within a span of 5 years, they can receive a prison sentence between 1 and 6 years long as well as a fine of up to $5,000. If someone steals property worth more than $25,000 but less than $100,000 or if they steal a firearm of any value, they can receive a prison sentence between 1 and 10 years as well as a fine of up to $10,000. If they steal more than $100,000 worth of property, they can receive up to 20 years in prison as well as a fine of $15,000.

Theft Results in Civil Penalties

Someone convicted of a theft charge may face civil penalties in addition to criminal penalties. Civil penalties make the convicted party responsible for paying for the other party’s losses. In Nevada, someone who is convicted for shoplifting may have to pay the owner of the store for the value of what was stolen, damages between $100 and $250, any fees associated with creating the lawsuit, and attorney’s fees within reason.

Restitution

Nevada law requires anyone convicted of theft to pay restitution to the person the theft was committed against. Restitution is money paid specifically to people crimes are committed against in order to bring them back to the position they were in before the crime took place.

Defending a Theft Crime

A talented and experienced attorney can help someone facing theft charges defend their position in a court of law. The following defense strategies are frequently implemented by attorneys litigating theft cases:

• Lack of intent: If the defense is able to prove that the person accused of theft did not intend to steal the other party’s property or intend to keep it, then that person cannot be convicted.
• It was a gift: Sometimes, people give gifts they decide to revoke later as revenge or due to regret. If it can be proven that the property in question was given to the defendant, they cannot be convicted of theft.
• Authorized use: If someone had a reasonable belief that they were authorized to use and possess the property in question, it can be used as a defense to accusations of theft.

Our Attorney Can Help

The Law Offices of Kenneth A. Stover can help anyone who has been accused of theft and is facing criminal charges. The legal process can feel overwhelming but having our experienced legal counsel on your side will help assure you have the best chances of lowering your charges or having them dropped. We will ensure you are aware of your rights and know what to expect when facing the legal system. Reach out for a free consultation today online or at (775) 502-1575.