Understanding Embezzlement Charges In Nevada
In Nevada, embezzlement occurs when someone steals money or property the owner entrusted them with. Embezzling $1,200 or more is a felony. Anything less than $1,200 is typically charged as a misdemeanor. An example of embezzlement is when an employee steals more than $250 from their employer. The following are some common situations where embezzlement takes place:
- Retail stores
- Charities and non-profits
- Schools and universities
However, embezzlement can occur even without involving money. For example, if you don’t return a leased car on time, you may be accused of embezzling and face harsh penalties. That’s why it’s so imperative that you speak with a Las Vegas embezzlement attorney to review all of your options and curate the best possible criminal defense.
Penalties For Embezzlement Charges In Las Vegas
The severity of your sentence for embezzlement hinges on the value and type of property involved in the crime. As with Nevada’s petit larceny and grand larceny, The distinction is made between crimes involving property worth $650 or more and those worth less.
Property Less Than $650
If the value of the embezzled property is less than $650, it will be considered a misdemeanor. The punishment for this includes restitution for what was converted, as well as a possible fine of $1,000 or jail time of up to 6 months.
Property Between $650 – $3,500
If the property embezzled totals between $650 and $3,500, then the charge will be a Category C felony. The penalty for this crime includes 1 to 5 years in a Nevada prison sentence, restitution fees owed, and up to $5,000 worth of fines.
Property Worth $3,500+
Embezzlement of over $3,500 is a Type B felony under Nevada law. The sentence for this crime can include up to 10 years in prison and a fine of up to $10,000. Keep in mind that the embezzler will also have to pay restitution to the person they stole from.
Multiple Acts Of Embezzlement In A 6-month Period In Nevada
Remember, if you’re being prosecuted for embezzlement in Las Vegas, the prosecutor can join several embezzlement misdemeanor acts together as one offense–but only if they happened within a six-month time frame and were committed against the same victim.
Offenses Related To Embezzlement In Nevada
In Nevada, some offenses are similar to embezzlement, such as:
If you use another person’s identification information to access their property or money, you are committing the crime of identity theft. The following documents belonging to another person could lead to charges of identity theft under NRS 205.461:
- Social security number.
- Driver’s license.
- Official names of the victim.
- Fingerprints and other biometric information.
- Other identification information.
Identity theft in Nevada is a class B felony, punishable by up to 20 years in State prison and fines not exceeding $100,000. If you commit a crime against a vulnerable person or for the purpose of avoiding criminal prosecution, you could face an enhanced sentence. Most identity theft cases cause serious financial losses to the victim, so you may be ordered to pay restitution.
NRS 205.220 defines theft as stealing another person’s property whose value is $1200 or more. The most significant difference between grand larceny and embezzlement is that embezzlement involves stealing f property that has been entrusted to you. Depending on the value of the stolen property, grand larceny could be charged as a category B, C, or D felony which would result in a maximum prison sentence of twenty years and $15,000 in fines upon conviction.
Grand Theft Auto vs Embezzlement Of A Vehicle
The state of Nevada has distinct laws for those accused of stealing a general vehicle as opposed to a rental car. The former typically referred to as grand theft auto or grand larceny of a vehicle, is considered more serious than the latter, which generally falls under the category of embezzlement. A person commits grand theft auto when they intentionally steal and carry away or drive another person’s car without permission. However, NRS 205.312 claims that:
“embezzlement of a rental vehicle can occur whenever a person who has rented a vehicle willfully and intentionally fails to return the vehicle to the rental company or owner within 72 hours of the expiration of the rental agreement.”
If somebody does not turn in their rental car on time, even if they don’t have any unlawful intent like they would need for grand theft auto, then this law suggests that they’ve stolen the car. There can often be many nuances to these types of charges, which is why it’s strongly recommended that you seek counsel from a qualified Las Vegas embezzlement lawyer who frequently handles similar cases.
Penalties for Keeping a Rental Car After Contract in Nevada
If you steal a rental car in Nevada, you will be charged with a felony, regardless of whether you are charged with grand theft auto or embezzlement of the vehicle. As of July 1, 2020, first-time offenders for vehicle embezzlement (or keeping a rental car after your contract is up) will be classified as a category C felony. This can result in a sentence of at least one-year imprisonment and up to 5 years, along with a fine of $10,000.
If someone is caught keeping a rental car after their contract expires for a second time within five years of the first offense, it is classified as a category B felony. The punishment consists of one year to six years in jail and/or fines up to $5,000. Not only does a court have the authority to sentence an offender to jail time and/or a fine, but the court can also order restitution. This could cover compensatory expenses such as rental income loss while the vehicle was out of commission, damage repair costs, or even the value of totaled or destroyed vehicles.