As defined by the Nevada Revised Statutes (NRS), embezzlement is a type of theft crime where the person steals company money or property for their own gain. Common examples include employees taking money from the register or office workers taking home supplies. There are other unfamiliar acts of embezzlement like not paying for the car you rented for instance. Today, we at Kajioka & Associates, Attorneys at Law would like to further elaborate on embezzlement in Nevada.
Punishment for Embezzlement in Nevada
Depending on the value of the property stolen dictates the punishment for embezzlement in Nevada. Penalties of a misdemeanor will be imposed should the penalties equal less than $650. If it is a category C felony, which is the amount being more than $650 but not above $3,500, the penalties can include 1-5 years of prison time and a fine that is at least $10,000. If what you embezzled costs more than $3,500 in value, you will face A category B felony which leads to penalties involving up to 10 years in prison and a $10,000 fine.
How to Catch a Bookkeeper or Other Employee Stealing
More often than not, security footage is what captures the culprit in the act of embezzling money or property. Whether it is stealing money from the till, inventory missing, or property taken, the report is made with law enforcement, where an arrest is made. Once the suspect is apprehended, they will go through the legal system and be put on trial. Law enforcement will typically confiscate the stolen money or property if it is on hand for evidence. This means that the owner does not get the property back right away. The evidence is needed to try and prove the guilt of embezzlement. The embezzled property will be returned to the owner through the order of a magistrate upon the conviction of the suspect, as according to NRS Chapter 179, particularly in the section titled Disposal of Property Stolen or Embezzled.
Strategies for How to Get Out of an Embezzlement Charge
Keep in mind that embezzlement can be prosecuted as a criminal or civil fraud and the criminal prosecution has to prove the relationship of the two parties, the defendant acquired the property through the relationship, the defendant’s actions were intentional, and they have resumed ownership of the property or money and/or transferred to another individual. Below are a few strategies to fight in court.
Insufficient Evidence: Due to insufficient evidence, over 40% of federal embezzlement charges are dropped. If there is a lack of a paper trail, this can be your best strategy.
Duress: You may be able to use duress as your defense, should you believe you were at risk of significant loss unless you embezzled the funds.
Entrapment: Entrapment can be tricky as the prosecutor can flip it and said that the government coerced an innocent person into embezzling funds, they would not have taken of their own free will, but it can still be effective.
Absence of Intent: Embezzlement includes the intent to commit a crime. This can be used as a defense.
Expiration of Limitation Period: If the prosecution does not initiate proceedings within the period of limitation, this tactic can work.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
Plea of Nolo Contendere, Incapacity or Insanity, and Repayment tactics can also be effective depending on your case. If you have been accused of embezzlement, call the experts Kajioka & Associates, Attorneys at Law and let our team of experienced professionals defend you in court.