There are several crimes that are categorized as a White Collar Crime. Fraud, Tax Evasion, Embezzlement, and Money Laundering are some of the most common offences committed that are considered White Collar Crimes. Kajioka & Associates Attorneys At Law will define Embezzlement and the punishment involved with this white Collar Crime.
State of Nevada Legal Definition of Embezzlement
Embezzlement is defined as the intent to steal or deprive a person of their rightful property or money. Embezzlement differs from other theft crimes by the taking of or illegally possessing the items, money, or property.
State of Nevada Statute & Punishment for Embezzlement
Those found guilty and convicted of embezzlement will be punished according to the amount as well as the type of property taken. These factors will determine the punishment.
• If the property or value of embezzled property is less than $650, the crime will be charged as a misdemeanor. The fine will be up to $1000 and up to 6 months in jail.
• Property or money that was embezzled with a value of $650 to $3,500 will be charged with a Class C felony where the guilty person can be sentenced anywhere from 1 to 5 years in prison, as well as restitution with a fine of up to $5,000.
• Property or money that was embezzled in value of $3,500 and more is considered a serious offense and the guilty person can be charged with a class B felony. This can result up to 10 years in prison and a $10,000 fine. There may also be an additional payment for restitution of the victims involved.
Evidence of Intent of Embezzlement
Just like any other crimes of theft, those who have been prosecuted of committing embezzlement require the state to show the intent to steal. Intent is considered a mental state and that can be rather difficult to prove. However for the defendant that has possession or has record of using property or funds that was owned or belongs to other is sufficient enough to prove intent.
Multiple Acts of Embezzlement Can Be Added Together
Embezzlement is one of the most common white collar crimes committed and most don’t realize how quickly they can spend other people’s money. This can result in a serious punishment and charges. Additionally, the state of Nevada sees embezzlement as a serious crime and the state hands out a heavy punishment. Multiple acts against embezzlement can also be compounded and prosecuted all together. Meaning if you committed embezzlement on more than one individual and intentionally embezzled under $650, in the event you get caught, each crime will not be tried separately. All discovered crimes of embezzlement will come together and added as one single crime, which will have the same effect as an embezzlement charge of $650, $3,500 or $5,000 worth of stolen property.
How to Beat an Embezzlement Charge
Common defenses include the following.
Insufficient Evidence: As with all cases, a criminal charge can be dismissed if there is insufficient evidence to prosecute. This defense will only work if a jury cannot find you guilty without a reasonable doubt. It is interesting to note that about 40% of federal embezzlement cases are dropped because of insufficient evidence.
Duress: Duress occurs when the defendant believes they will be in harm or danger if they do not commit the crime such as you will lose your job. These do not include embezzling money to prevent hardship or satisfy an addiction.
Entrapment: This is when the government compels an innocent person to commit a crime they would have otherwise not committed. Entrapment does not generally include stings.
Absence of Intent to Commit a Crime: As mentioned above, most crimes require intent. Embezzlement requires that you intended to take property or money from others. Without the required intent, the embezzlement charge may be dismissed.
Insanity: Insanity allows you to claim you were either insane at the time of the offense or during trial. The success rate of an insanity defense is low, especially in embezzlement cases.
Incapacity: This is different from insanity in that you only have to prove you were somehow mentally incapacitated at the time of committing the embezzlement. For example, if you were under heavy medication
Criminal Defense Attorneys in Las Vegas, Nevada
If you’ve been arrested for embezzlement and are looking for a good defense attorney, contact Kajioka & Associates Attorneys At Law. Kajioka & Associates Attorneys At Law has great attention to detail and will help provide you with the best defense for your case. Don’t feel defenseless if you’re being prosecuted for embezzlement. Contact Kajioka & Associates Attorneys At Law today.