When individuals provide property to others, allow individuals to rent property from them, or provide their labor, those who are providing these valuable items deserve to have accurate information about the people who are receiving it.
There are, however, circumstances where people obtain money, property, or rent using false pretenses. If and when this happens, the loss to victims who are defrauded can be substantial.
Nevada law aims to prevent this loss and to ensure the integrity of transactions by criminalizing certain fraudulent behavior in connection with obtaining items of value. There are statutes in Nevada that define criminal offenses and impose specific penalties for defendants who engage in fraud in order to get money, property, rent, or labor.
If you have been accused of violating these statutes, you should talk with a Vegas defense attorney about your options for fighting for acquittal. You want to avoid conviction if possible, or at least to reduce penalties through an effective plea agreement. LV Criminal Defense is here to help you determine the likelihood of acquittal, to decide how to respond to charges, and to maximize your chances of emerging from the Nevada penal code with minimal or no consequences. You should give us a call today to find out about the ways in which our firm can help fight for you.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Nevada laws on obtaining rent, money, property, or labor under false pretenses are found in Nevada Revised statute section 205.380. Obtaining items of value under false pretenses is a property crime, which is why it is in Chapter 205 of Nevada’s penal code as this is the chapter that deals with property offenses. It is also considered a fraud offense, so the statute is within the fraud and false personification subsection of Chapter 205.
The relevant statute criminalizes knowingly and designedly using false pretenses to obtain money, goods, wares, chattels, a choice of actions, or other valuable things from any other person. Items of value for purposes of this statute could include rent or the labor of some other person who is not the defendant’s employee.
The prosecutor would need to prove that the defendant acted with intent to cheat or defraud the other person in order for a defendant to be convict4ed under N.R.S. 205.380. If a defendant is convicted, the law stipulate that the defendant will be considered a ‘cheat.’
The statute specifies that certain things can be considered prima facie evidence of intent to defraud, including when a defendant stops payment on a check that the defendant wrote for property, rent, or labor performed in a workmanlike matter in accordance with a written estimate.
N.R.S. 205.380 also goes on to specify the penalties that could be imposed upon a defendant who is found guilty of being a cheat. The penalties vary depending upon what items of value the defendant is accused of improperly obtaining.
If the defendant fraudulently obtained labor or items valued at $650 or more, the defendant could be charged with a Category B felony and could face a minimum of one year imprisonment and a maximum of six years imprisonment. A defendant could also be fined up to $10,000, and could be ordered to pay restitution in addition to other penalties.
LV Criminal Defense knows how prosecutors approach cases when defendants are accused of violating Nevada Revised Statute section 205.380 by obtaining money, property, or labor by false pretenses. We can help you to craft a strategic response to charges and we will work hard to help you avoid jail time, financial consequences, and other penalties. To find out more about how our firm can represent you, give us a call today.