Las Vegas Theft Attorney
In Nevada, the crime of theft generally means that you deprived someone of property or converted (stole) money from someone. Crimes that could be considered theft include, but are not limited to:
- receiving or possessing stolen property
- obtaining property by false pretenses
- issuing a check without sufficient money (NFS) or credit
The penalties or punishment for theft is dependent on the “value” or the “fair market value” of the property or service that was deprived or stolen. Fair market value usually means the retail value of an item or property. In other words, if you stole some clothes that were on sale and cost less than $650, but their retail value would have been over $650 the fair market value would likely be the retail price and NOT the sale price. Because the penalties of theft are dependent on the “value” – it could mean the difference between a misdemeanor and felony conviction, in addition to restitution.
If convicted, here are the penalties:
- If the value of the services or property is less than $650, then it would be considered a misdemeanor (up to 6 months in prison, not more than $1,000 fine, and restitution)
- If the value of the services or property is between $650 and $3,500, then it would be considered a Class C felony (1-5 years in prison, not more than $10,000, and restitution)
- If the value of the services or property is $3,500 or more, then it would be considered a Class B felony (1-20 years in prison, a fine of not more than $10,000, and restitution)
Cashing A Check With Insufficient Funds (NSF)
Cashing a check knowing there are no funds to cover the value of the check (or passing a “bad” check) is considered theft and is punished harshly. If you try to cash multiple checks within a 90 period that total over $650, you may be facing a Class D felony.
If you passed a NSF check in order to get a marker or credit at a casino, then you could also be facing a Class D Felony if the casino marker was for more than $650. For more information on casino markers, please read this.
When someone thinks of forgery, you are probably thinking of signing someone else’s signature on a document or blank check in order to obtain money.
When someone thinks of counterfeiting, you are probably thinking of actually trying to create bills that look like real money.
In Nevada, however, both are considered “forgery” and if convicted you are facing a Class D felony. Any person who falsely “makes, alters, forges or counterfeits any record” with the intent to defraud (steal or take something of value) is guilty of forgery. These records include, but are not limited to:
- Any Contract
- Wills, Trusts, and/or Codicils
- Check and/or Draft
- Promissory Notes
- Power of Attorney
Because this statute is all encompassing, the following crimes could be considered “forgery”:
- Cashing a check with a forged signature
- Cashing a stolen check
- Passing counterfeit money
- Uttering a forged instrument
Embezzlement in Nevada is treated like a theft case and the punishments are the same. The difference between embezzlement and larceny is that there needs to be an element of entrustment. In other words, you as an employee, for example, are entrusted to take in money. If that money goes missing and you were last one handling that cash, you could be charged with embezzlement.
Shoplifting, today, is generally considered burglary. It doesn’t matter whether you try to steal $6.50 or $6,500 (in cash or merchandise) in addition to theft, you will probably be charged with burglaryand are facing a class B felony conviction. A class B felony conviction could mean anywhere from 1-10 years in prison, a fine and restitution.
Being convicted of any of the above crimes is very serious. It does not matter whether it is a misdemeanor or felony. They are all crimes that are considered disparaging and against “moral turpitude,” in other words you are deemed a liar and you cannot be trusted. It can forever be used against you and may hinder you in a getting a good paying job, entering any law enforcement agency or even entering the military. Any testimony you give later in life (whether civil or criminal) will always be suspect as being untrustworthy. Your credibility will always be questioned. If you have been convicted of any of the above crimes you may want to consider getting your record sealed.
If you are charged, arrested, or questioned by the police for any of the above crimes, please call us immediately at (702) 405-0001. We are available 24/7 and have over 20 years of experience in criminal law. All initial consultations are free and confidential.