The Nevada Crime of Embezzlement
Embezzlement is a type of theft crime that one can face in Nevada. It occurs when a person entrusted with another’s property or funds takes it for their own personal use without permission. Given the serious consequences that come with embezzlement charges, it is crucial to understand the legal aspects surrounding this crime and the necessity of hiring an experienced embezzlement lawyer to protect your rights.
If you, or someone you know, are accused of embezzlement in Nevada, it’s vital that you contact an experienced embezzlement lawyer as soon as possible. The Defenders is a team of experienced lawyers who are well-versed in state and federal laws related to embezzlement. We have the knowledge and expertise to provide you with the best possible defense against these types of charges.
What is Embezzlement?
Embezzlement is a type of theft and is addressed in the same section of the Nevada Revised Statutes (NRS) as larceny and other theft crimes. However, embezzlement is unique in that the perpetrator of this crime is someone who is granted a legal right to possess funds or goods for a period of time for a particular purpose. The statute governing embezzlement defines the crime as:
Legal Definition under Nevada Law
According to NRS 205.300 [1], embezzlement is defined as:
“Any bailee of any money, goods or property, who converts it to his or her own use, with the intent to steal it or to defraud the owner or owners thereof and any agent, manager or clerk of any person, corporation, association or partnership, or any person with whom any money, property or effects have been deposited or entrusted, who uses or appropriates the money, property or effects or any part thereof in any manner or for any other purpose than that for which they were deposited or entrusted, is guilty of embezzlement…”
Essentially, the crime of embezzlement occurs when an individual deliberately misuses or steals funds or property they have been entrusted with for personal gain, intending to defraud the rightful owner of the assets.
Examples of Embezzlement
Embezzlement can take various forms, depending on the circumstances and the type of property involved. Here are some common examples:
Retail Store Manager
A manager of a retail store may be responsible for taking the daily deposit to the bank at the end of the business day. In this scenario, the manager is considered a “bailee” of the deposit. If the manager takes the deposit home and uses the cash for personal expenses rather than depositing the funds into the store’s account, they can be found guilty of embezzlement.
Sales Representative
A sales representative may be issued product samples by their employer to demonstrate the features to potential customers. If the sales rep fails to return the samples as directed by their employer and instead uses the samples for personal use or sells them and keeps the money, they may be charged with embezzlement.
Contractor
A contractor who receives payment for goods or services but fails to pay suppliers and labor costs to those who supplied goods and labor to complete the job may be charged with embezzlement.
Rental or Lease Vehicle
If you rent or lease a vehicle and willfully and intentionally fail to return the vehicle to the agency within 72 hours of the expiration of the rental or lease agreement, you may be charged with embezzlement.
Hiring an Embezzlement Lawyer: Why It’s Crucial
Facing embezzlement charges can have severe consequences, including imprisonment, fines, and a criminal record that may limit your future employment opportunities. It is crucial to hire an experienced embezzlement lawyer to protect your rights and provide a strong defense.
Expert Defense Strategy
An experienced embezzlement lawyer will meticulously investigate your case, uncovering crucial facts and exploring all legal avenues to construct a robust defense that safeguards your rights.
They will challenge the prosecution’s evidence, scrutinize witness credibility, and present alternative explanations for the alleged crime, ensuring that your side of the story is heard.
High Chances of Negotiation Plea Deals
With extensive knowledge of the legal system, an embezzlement lawyer may successfully negotiate a plea deal with the prosecutor, leading to reduced charges or a less severe sentence.
This can be particularly advantageous if the evidence against you is strong and a conviction is likely.
Seamless Navigation of the Legal System
The legal system can be intricate and overwhelming, especially for those facing criminal charges. An embezzlement lawyer will expertly guide you through the entire process, making certain that you comprehend your rights and options at every stage.
Unwavering Support and Guidance
Confronting embezzlement charges can be an incredibly stressful and emotionally taxing ordeal. An embezzlement lawyer will provide the steadfast support and guidance you need during this challenging time. They will assist you in making informed decisions and fervently advocate on your behalf throughout the entire process.
Penalties for Embezzlement in Nevada
The punishments for embezzlement in Nevada are identical to the penalties for larceny and depend on the value of the property or funds embezzled.
Misdemeanor Embezzlement
If the total value of the funds or property embezzled is less than $650, it is considered a misdemeanor, with up to six months in jail, and a possible fine up to $1,000. Additionally, restitution is required as determined by the court.
Category C Felony Embezzlement
If the total value of the funds or property is between $650 – 3,500, it is considered a Category C felony, punishable by a one to five-year sentence in Nevada State Prison and possibly a fine of up to $5,000. Restitution is also required as determined by the court.
Category B Felony Embezzlement
If the total value of the funds or property is over 10,000. Restitution is again required as determined by the court.
Additional Considerations
Under the embezzlement statutes, multiple acts of embezzlement against the same person or company within a six-month period must be combined. If the total value of all acts exceeds $650, the crime becomes a felony.
