Nevada fraud charges can be misdemeanors or felonies depending on the circumstances. And in many cases, prosecutors have difficulty proving fraud because it is hard to show you had “intent to defraud,” which is an intangible thing.
Our Las Vegas fraud attorneys know how best to raise a “reasonable doubt” that any deception occurred. And we can often succeed in getting these cases lessened to minor charges or dismissed completely.
1. How do I fight Nevada fraud charges?
The most common defense to fraud charges in Nevada is that you had no intent to defraud. Making an innocent mistake is not a crime, even if it results in you receiving money you were not entitled to.
In order to show you lacked any fraudulent intent, a Las Vegas fraud lawyer would rely on such evidence as:
- texts, emails, voicemails, and other recorded communications;
- eyewitness accounts;
- surveillance video (if available).
Depending on the facts of the case, other potential fraud defenses are that:
- you were falsely accused,
- no fraud or misrepresentation occurred, and/or
- the police committed misconduct, such as finding evidence through an illegal search.1
Ultimately, the District Attorney/Attorney General is required to prove guilt beyond a reasonable doubt. So a fraud defense attorney would fight to show the state’s evidence is too inadequate and problematic to meet this burden of proof.
A key element in fraud crimes is “intent to defraud.”
2. What are the penalties for fraud?
The penalties for fraud depend on the specific criminal charge:
| Nevada fraud offense | Penalties (generally) |
| Misdemeanor:
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Gross misdemeanor:
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| Category E felony: Probation. But if you have 2 or more past felony convictions, the judge may impose:
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| Category D felony:
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| Category C felony:
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Category C felony
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| Category B felony:
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| Category B felony:
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Category B felony:
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Also see our articles about federal level fraud crimes:
- bank fraud
- bankruptcy fraud
- computer fraud
- immigration fraud
- mail fraud
- Medicare fraud
- money laundering
- securities/investment fraud
- wire fraud
The fraud penalties under federal law tend to be more serious than those under Nevada state law.
3. What is the statute of limitations for bringing fraud charges?
In most cases, Nevada prosecutors have three years to file criminal charges for fraud. But the criminal statute of limitations is four years in the following cases:
- fraudulent offer, sale, or purchase of securities in violation of NRS 90.570
- third or successive offense of deceptive trade practices in violation of NRS 598.0999
- Multiple transactions involving fraud or deceit in course of enterprise or occupation in violation of NRS 205.3772
In federal court, the statute of limitations can be as much as ten years after the alleged fraud crime.3
4. Can I stay out on bail?
In many cases, Nevada fraud defendants can get released on bail or possibly house arrest while the case is pending.
Most fraud crimes are prosecuted as felonies.
5. Can a Las Vegas fraud lawyer get my case dismissed?
The goal of our Las Vegas criminal defense lawyers is to convince prosecutors that their case is too weak to sustain a guilty conviction so that they will agree to a favorable plea bargain or outright dismissal. We do this by:
- conducting a thorough investigation of all the evidence;
- impeaching the credibility of any accusers; and
- hiring a forensic expert (if necessary).
And in the rare event we cannot come to an out-of-court resolution, we will put on the most strategic and compelling defense possible in pursuit of a full acquittal by a jury.
Contact our Las Vegas, NV law firm for legal advice on your fraud case. Our trial lawyers have a long track record of getting criminal cases reduced or dismissed.
Our experienced Las Vegas criminal defense attorneys appear in state and federal courts in Clark County and throughout the state. Our law office’s practice areas include all criminal legal issues from DUI to domestic violence.
See our related articles on other types of fraud and white collar crimes: odometer fraud, embezzlement, identity theft, service dog fraud, straw buyer schemes/real estate scams, and Ponzi schemes.
Legal References
- See, for example, State v. Hancock (1998) ; Davidson v. State (2008) .
- NRS 171.085.
- 18 USC 3282.