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WHAT IS OBTAINING MONEY BY FALSE PRETENSES (FRAUD) IN NEVADA?
Fraud in Nevada — obtaining money or property by false pretenses — involves knowingly making a false representation of fact with intent to defraud another person, causing them to part with money or property.
WHAT THE PROSECUTION MUST PROVE
To convict you of Obtaining Money by False Pretenses (Fraud) in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant made a false representation of a material fact
The defendant knew the representation was false
The defendant intended to defraud the victim
The victim relied on the false representation
The victim suffered a financial loss as a result
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR OBTAINING MONEY BY FALSE PRETENSES (FRAUD) IN NEVADA
Fraud (Under $650)
Misdemeanor. Up to 6 months in jail.
Fraud ($650 - $3,500)
Category D felony. 1 to 4 years in prison.
Fraud ($3,500 - $100,000)
Category C felony. 1 to 5 years in prison.
Fraud ($100,000+)
Category B felony. 1 to 10 years in prison.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending obtaining money by false pretenses (fraud) charges
Intent to defraud is the critical element. A bad business deal, broken promise, or failed investment is not fraud — the prosecution must prove you knew your representation was false when you made it.
Civil disputes that turn sour sometimes get referred to prosecutors as fraud. The line between a civil breach of contract and criminal fraud is often litigated — and the defense frequently wins on the intent element.
Fraud cases are document-intensive. Emails, contracts, bank records, and communications are all central to the case. Preserve all documentation that supports your version of events.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO OBTAINING MONEY BY FALSE PRETENSES (FRAUD)
Every case is unique, but these are the defenses most commonly raised in obtaining money by false pretenses (fraud) cases in Nevada:
No intent to defraud — you believed your representations were true
Civil dispute — breach of contract, not fraud
Victim did not actually rely on the representation
No financial loss resulted
Insufficient evidence of knowledge or intent