If you or a family member were alleged to have stolen or damaged a cart used in a retail store or laundry mat, you could be charged with a criminal offense in Las Vegas. In Nevada, it is against the law to engage in behavior that results in the damage of personal and/or commercial property. The specific crimes against property that are against the law in Nevada can be found in Chapter 205 of Title 15 of the Nevada Code. Title 15 is the penal code in Nevada. Chapter 205 is the part of the state’s penal code that addresses all of the different offenses that you could be accused of committing that affect property.
If you were charged with a property crime in Las Vegas, you need to retain the services of a skilled and experienced criminal defense attorney. Why? Because property crimes are taken very seriously in Nevada courthouses and by state prosecutors. If convicted, you could potentially be ordered to serve up to 15 years in prison and pay a hefty $10,000 fine, depending on the particular criminal offense.
There are two types of crimes against property – destroyed property and stolen property. Property crimes include the following (please bear in mind that this is not an exhaustive list of property crimes, just an overview):
If you or a family member is charged with a property crime in Nevada, it is important to understand that the prosecutor assigned to your case does not need to prove that you actually damaged a lock or stole an item from another individual’s home or business in order to convict you of a property crime. All they must do to prevail in court is prove that you had the intention (also known as the “mens rea”) to steal or damage a piece of property.
Crimes against property are taken very seriously in Las Vegas and elsewhere in Nevada. As a result, you need to make sure you have the best defense possible and are aggressive in responding to the charges brought against you by the state government. Remember, the prosecutor must prove that you intended to cause damage or steal a piece of property beyond a reasonable doubt.
According to NRS 205.840, the owner of a cart is legally required to place a sign on the premises that contains the following information:
This statutory provision is extremely important since it could be used in your defense if there the owner of a business failed to place such a sign on their premises.
According to NRS 205.850, anyone who retrieves carts from areas not on the owner’s premises, whether as a volunteer or for compensation, must obtain a permit from the owner authorizing the person to retrieve carts. Each vehicle used to retrieve carts must have a copy of the permit from the owner of the carts.
Pursuant to NRS 205.860, any person who engaged in the following activities could be charged and convicted of a misdemeanor:
(a) Knowingly possesses a cart that has been removed from the owner’s premises;
(b) Possesses a cart with the serial numbers removed, obliterated or altered with the intent to deprive the owner of the cart of its possession either temporarily or permanently;
(c) Leaves or abandons a cart at a location other than the owner’s premises with the intent to deprive the owner of its possession either temporarily or permanently;
(d) Alters, converts or tampers with a cart; or
(e) Removes, obliterates or alters the cart’s serial numbers.
However, it is worth noting that NRS 205.860 does not apply to the following individuals:
(a) The owner of the cart or the owner’s agents or employees;
(b) A customer of the retail store, laundry or establishment for dry cleaning who has written permission from the owner of the cart or the owner’s agents or employees to possess the cart or remove it from the premises; or
(c) The operator of a service to retrieve carts if the operator has complied with NRS 205.850.
LV Criminal Defense can provide you with assistance if you have been accused of crimes against property. We understand how to fight against accusations related to crimes against property and we can work closely with you to determine what a prosecutor must prove and how you can best respond to charges. Depending upon the nature of the crime you’ve been accused of and the strength of the evidence against you, this could involve negotiating a plea agreement, fighting to be acquitted, or attempting to get charges dropped.