Nevada has strict rules in place designed to ensure that rightful owners of money, property, and other assets are not deprived of the assets that belong to them. There are many different protections under the law for property owners, and many different kinds of crimes against property that have been made illegal in Chapter 205 of Title 15.
The property crimes defined in Chapter 205 are divided into different subcategories based on the nature of the offense that has been committed. One of the subcategories relates to embezzlement offenses. Within this subcategory are statutes defining embezzlement and imposing penalties for this serious offense.
If you have been accused of embezzlement, LV Criminal Defense can provide you with representation. Our dedicated and experienced criminal defense law firm has worked closely with defendants in all different types of situations accused of all different types of property crimes to effectively navigate the criminal court system with the goal of avoiding or reducing penalties.
When you want to ensure that you have done everything possible to fight against accusations of embezzlement so you can avoid harsh penalties and keep your criminal record clear of this serious offense, you should reach out to our Vegas defense lawyers. Call today to find out more about how our legal team can help you.
The subsection of Chapter 205 on embezzlement includes Nevada Revised Statute section 202.300, which sets forth the definition of the crime and penalties; Nevada Revised Statute section 205.300, which establishes what constitutes prima facie evidence of embezzlement; Nevada Revised Statute section 205.310 which establishes what occurs when a contractor fails to pay for labor or materials; and N.R.S. 205.312, which addresses the willful or intentional failure to return a leased or a rented vehicle to its rightful owner.
According to N.R.S. 205.300, embezzlement occurs when any bailee of money, goods, or property converts it to his or her own use with the intent to defraud the owner or owners of the money, good or property. Embezzlement also occurs when managers, agents, clerks, or others connected with a corporation, association or partnership, misuses or appropriates the money for a purpose other than the purpose for which the money was entrusted to him. Finally, embezzlement also occurs if any individual with whom money has been deposited or entrusted under any circumstances misuses funds.
The penalty for embezzlement is the same as the penalties imposed for the stealing or larceny of property of the type of money, goods, property, and effects that were taken. In other words, a person who misuses money can be faced with the penalties associated with a conviction for petit or grand larceny depending upon the value of the items taken and the nature of the items converted or misappropriated.
For purposes of determining what penalties apply, the value of all money, goods, property, and other items of value that were misappropriated in separate acts of embezzlement should all be combined if the separate acts of embezzlement occurred within the same six month period, if none of the individual acts is separately punishable as a felony, and if the cumulative effect of combining the value of all of the embezzlement funds means that a defendant would be charged with a felony offense.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
N.R.S. 205.300 makes clear that any use of money, goods, or property by a bailee other than the use the bailee was authorized to carry out can serve as prima facie evidence of conversion and intent to steal the property and defraud the owner. A bailee is broadly defined for purposes of this statute to include all persons who receive money, goods, or property; all persons who have property loaned to them; all persons who are hired to manage or borrow property; and all persons who act as agents, collectors, servants, or others empowered and entrusted to receive money, goods, or property that belongs to someone else.
N.R.S. 205.305 also addresses another situation when prima facie evidence of embezzlement exists. According to the relevant statute, if any clerk, apprentice, servant, or other person hired or entrusted with property withdraws and goes away with the money, goods, chattel, or any other property with intent to steal and defraud the property’s rightful owner or takes the property to convert it for his own use, this is considered to be prima face evidence of intent to steal the property and can thus give rise to embezzlement charges.
N.R.S. 205.310, on the other hand, addresses situations where a contractor fails to pay for labor. According to this statute, any person who has entered into a contract to supply labor or materials for a certain fee in circumstances where a lien can be placed on someone’s property, who receives the full price or part payment will be deemed to have received the same as the party who made the contract for purposes of paying claims for labor and materials supplied as long as the money or assets are sufficient to pay the claims.
Finally, N.R.S. 205.312 indicates that if a person who rented or borrowed a car failed to return the vehicle to the rightful owner within 72 hours after the lease or rental agreement expired, the renter or borrower will be deemed to have embezzled the vehicle.
If you have been accused of any embezzlement offense, LV Criminal Defense is the firm to call. We are very familiar with this area of the law and with the complexities associated with embezzlement accusations and we can put our extensive knowledge of embezzlement offenses to work to help you develop a legal strategy that works best for your particular situation.
To find out more about how the compassionate and knowledgeable members of our legal team can help you, give us a call today to talk with Vegas defense attorneys who know Nevada’s laws on property crimes inside-and-out.