Depending on the value of the money or property taken for person use, the crime of embezzlement can be a felony. Even a misdemeanor embezzlement conviction can make it difficult to find employment or maintain immigration status, so it is important to retain experienced Las Vegas defense counsel as soon as possible to reduce or even dismiss the embezzlement charges entirely if possible.
Embezzlement requires proof of the intent to steal or deprive the rightful owner of the use of the money or property stolen. The difference between the embezzlement and other Nevada theft crimes is that the person who takes the money or property for his or her own use already has a legal right to possess it.
For example, a store cashier who takes money from his cash drawer is rightfully in possession of the money in the drawer as an employee of the store, but does not have the right to take money for his personal use.
If you are arrested for embezzlement and convicted, the sentence will depend on the amount and type of property taken. Like the Nevada crimes of petit larceny and grand larceny, the difference is between property above and below $650 in value.
Embezzled property valued at less than $650, the charge is a misdemeanor. The punishment will require restitution of the amount converted. There can also be a $1,000 fine or up to 6 months in jail.
If the embezzled property totals $650, but is less than $3,500, the charge is a Category C felony. The penalty for a Category C embezzlement felony is 1 to 5 years in a Nevada prison, restitution, and up to $5,000 in fines.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Embezzlement of money or property worth more than $3,500 is the most serious offense. It is a Category B felony, which carries up to 10 years in a Nevada prison and $10,000 in fines. This is in addition to paying restitution to the victim of the embezzlement.
The most important thing to know about a Las Vegas embezzlement case is that the prosecutor can combine misdemeanor acts of embezzlement which occur in a six month period into one offense. These misdemeanor acts have to occur against the same victim.
This means that small amounts taken over time from the same person, such as an employer, can result in a larger felony charge.
Like other theft crimes, embezzlement requires the state to show that the defendant intended to steal. Intent is a mental state that can difficult to prove. Embezzlement cases are different because the simple fact that the defendant used the money or property for his or her own purposes is enough to show intent.
Embezzlement cases are different and more serious than other theft crimes for this reason. This is why it is important to hire a qualified Las Vegas defense lawyer as soon as possible to defend you in an embezzlement case.
Talk to a Las Vegas criminal defense attorney if you are arrested for embezzlement. Your lawyer can discuss your legal options and your best defenses in an embezzlement case, to help avoid a felony record if possible.