Nevada is one of many states that has a comprehensive theft statute that incorporates common law theft crimes into one crime - theft. Comprehensive theft statutes are also referred to as unified theft statutes or consolidated theft statutes, depending on which state you are in.
What are the common law theft offenses that Nevada's comprehensive theft statute include?
In Nevada, and pursuant to Nevada Revised Statutes (NRS) 205.0833 (which is Nevada's comprehensive theft statute), the following commonly known crimes now constitute theft:
2. Receiving or possessing stolen property;
4. Obtaining property by false pretenses;
5. Issuing a check without sufficient money or credit; and
6. Other similar offenses.
Therefore, and as a result of Nevada's comprehensive theft statute, if you were accused of committing a crime specifically listed above, then you would be charged with theft. However, is must be noted that Nevada has not eliminated the above crimes, and they still exist as separate and distinct crimes in the Nevada Revised Statutes.
Okay, so what is the definition of theft in Nevada?
Theft itself is a crime that has a lengthy definition in Nevada. The definition of the crime of theft in Nevada is as follows:
In general, and as set forth in NRS 205.0832, a person commits theft if the person knowingly:
1. Takes property of another with the intent to deprive them of the property;
2. Improperly has and/or uses the services or property of another entrusted for a specific purpose or time;
3. Obtains property or services of another through a material misrepresentation, with the intent to deprive them of the property or services;
4. Possesses lost, mislaid or misdelivered property of another when the true owner could be determined, and then keeping/using that property without making an effort to notify the true owner;
5. Has property of another person knowing or having reason to know that the property was stolen;
6. Obtains services, parts, products or other items which the person knows or should have known are available only for compensation, without paying compensation;
7.?Takes, destroys, conceals or disposes of property when another has a security interest in the property, with the intent to defraud;
8. Commits an act that is statutorily defined as theft;
9. Draws or passes a check in exchange for property or services, knowing the check is bad;
10. Obtains fuel or automotive products which are available only for sale, without paying for it.
In addition, NRS 205.08345 lists participation in organized retail theft as a felony in Nevada.
What should I do if I am charged with theft?
Theft is a serious crime in Nevada because of many forms of theft crimes are felonies. If you were to be charged with theft, you have to immediately consider hiring a Las Vegas criminal defense lawyer experienced in handling this type of crime. A lawyer with a comprehensive understanding of the law of theft can provide sound representation during a difficult time.
Las Vegas lawyer Paul J. Adras, Esq., and Las Vegas lawyer Steven M. Altig, Esq. have over 27 years of combined legal experience in representing clients charged with offenses such as theft. They know and understand the current state of the law of theft, and the history of the law. They can represent you immediately if you have been charged with the crime of theft in Las Vegas or in Nevada.
In Las Vegas and in Nevada, if you are convicted of theft, you may very well be facing substantial felony penalties. You will also have a very tough time finding or keeping employment, because theft is thought of as a crime of dishonesty. Attorney Paul J. Adras, Esq. and attorney Steven M. Altig, Esq. will provide you with all the information to help you understand the consequences of being charged with or being convicted of theft in Las Vegas and in Nevada.
What are my rights?
You have the right to a speedy and public trial. The prosecuting attorney/agency has to prove each element of the offense(s) against you beyond a reasonable doubt. You have the right to confront and cross examine any and all witnesses against you. You have the right to subpoena witnesses to testify and the right to compel their attendance at the trial. In addition, you have the right to remain silent, and you cannot be compelled to testify at the trial. Finally, you have the right to appeal the conviction following a trial.
Have you been arrested and charged with theft in Las Vegas and in Nevada?
If so, you should consult with and hire a Las Vegas criminal defense lawyer, who can explain these rights.
Should I go to trial?
Las Vegas criminal defense lawyers Paul J. Adras, Esq. and Steven M. Altig, Esq. are trial lawyers. They have conducted many felony jury trials and misdemeanor bench trials. When you hired Adras & Altig, Attorneys at Law, you made the right decision. Each of them have extensive experience as professional and aggressive advocates.
In order to make the right decision, you need to understand the facts and issues involved in your case. Mr. Adras and Mr. Altig will guide you through this legal process. You meet with them personally. They give you a full explanation of your rights. They explain the legal issues involved in your case based upon the facts surrounding your arrest for theft.
Mr. Adras and Mr. Altig also explain the risks involved, and make recommendations to you. It is only when you have all of the information that you are able to make the best possible decision. The final decision regarding going to trial is always yours.
What if I plead guilty to theft?
You will discuss your case with experienced Las Vegas theft defense lawyers before entering a guilty plea to this crime. If you plead guilty to theft in Las Vegas and in Nevada, you are admitting your guilt in a serious matter. In addition, if you are not a citizen of the United States at the time of the conviction, you may, in addition to other consequences, be removed, deported or excluded from entry into the United States. You may also be denied naturalization. A Las Vegas and Nevada criminal theft defense lawyer can advise you regarding your rights if you are not a United States citizen and you are charged with theft in Las Vegas and in Nevada.
Sentencing in a Las Vegas theft matter is always within the judge's discretion, regardless of the negotiations you may have entered into. An experienced criminal law lawyer in Las Vegas and in Nevada can fully explain the court process and sentencing process to you, and can properly prepare you for this phase of your case, if you are found guilty of theft.
What are the penalties if I am convicted of theft in Las Vegas and in Nevada?
Well, if the value of the property or services involved in the theft is less than $650.00, then the theft is considered a misdemeanor crime.
However, if the value of the property or services involved in the theft is between $650.00 and $3,500.00, then the theft is considered to be a category C felony in Nevada. A category C felony is punishable by a term of imprisonment from 1 to 5 years in prison, and up to a $10,000.00 fine.
Finally, if the value of the property or services involved in the theft is $3,500.00 and up, then the theft is considered to be a category B felony in Nevada. A person convicted of theft of property or services with a value of $3,500.00 and up will be punished by a term of imprisonment from not less than 1 year to a maximum of 10 years, and by a fine of up to $10,000.00.
In addition to the penalties as stated above, the court will also order the person convicted of theft to pay restitution.
It must also be noted that a person who participates in an organized retail theft, as mentioned above, is guilty of a category B felony in Las Vegas and in Nevada. If the combined value of the property or services involved in all of the theft crimes committed in the organized retail theft over a period of 90 days is between $3,500.00 and $10,000.00, then the sentencing range is from a minimum of 1 year and a maximum of 10 years in prison, and a fine of up to $10,000.00. However, if the combined value of the property or services involved is $10,000.00 or more, then the sentencing range is from a minimum of 2 years and a maximum of 15 years in prison, and by a fine of up to $20,000.00.
If you need a Las Vegas criminal law lawyer then call us today. Paul J. Adras, Esq. is an experienced and aggressive Las Vegas criminal defense lawyer. Steven M. Altig, Esq. is also an experienced and aggressive Las Vegas criminal defense lawyer. Adras & Altig are Las Vegas criminal defense lawyers, North Las Vegas criminal defense lawyers, Henderson criminal defense lawyers, Boulder City criminal defense lawyers, Moapa Valley criminal defense lawyers, Goodsprings criminal defense lawyers, Searchlight criminal defense lawyers, Laughlin criminal defense lawyers, Pahrump criminal defense lawyers, Tonopah criminal defense lawyers, and criminal defense lawyers in many other cities in Southern and Northern Nevada. If you've been charged with any crime then you need to get experienced and aggressive legal representation. You need to hire Adras & Altig, Attorneys at Law.
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