Penalty for misdemeanor by corporations when not fixed by statute

Las Vegas Defense Lawyers Explain Penalties for Corporate Misdemeanors

Nevada law outlines illegal behaviors in Title 15 of the state code. Many of the crimes that are defined within Title 15 will carry specific penalties that are detailed in the statute that makes the conduct illegal. In some cases, however, the crimes that are committed do not specify a specific penalty under Title 15 that is to be imposed if a defendant has been found guilty.

Sometimes, the defendant who is found guilty of an offense in the state of Nevada is not an individual, but is instead a corporation. Corporations are legally viewed at as “people” with a separate legal identity and with separate rights and obligations under the law. If a corporation breaks the law in the state of Nevada, it is important to determine what specific penalties will be imposed after the company has been tried and found guilty of an offense.

Nevada Revised Statute section 193.160 is the part of Nevada law that details the general penalty for misdemeanors that are committed by a corporation when the crime the corporation has been accused of committing doesn’t have a penalty fixed by statute. A Las Vegas defense attorney can help you to determine if the penalties in N.R.S. 193.160 will apply in your situation and can assist you in fighting charges against you or your company.

LV Criminal Defense represents both individuals and organizations accused of wrongdoing. If you want to protect your business from being found guilty of a crime or if you want to reduce the possible penalties your business could face, you should give us a call as soon as your company has been accused of wrongdoing.

Penalties for Corporate Misdemeanors Not Otherwise Established by Statute

According to N.R.S. 193.160, a corporation can face penalties for the commission of a misdemeanor if a natural person would be punished for that same misdemeanor. The penalty for a misdemeanor that has been committed by a corporation is a maximum fine of $1,000 under N.R.S. 193.160. This penalty will apply unless the statute under which the corporation’s crime was established specifies a different penalty to be imposed.

In many cases, when a corporation commits a misdemeanor or another crime, only the company is punished. Executives and investors may be protected by laws like the business judgment rule and by maintaining separate legal identities from the corporation.

However, there are circumstances in which people who work for corporations have found themselves being personally charged with criminal offenses, even when those offenses were technically committed by the “company” itself. For example, there have been a few cases in which corporate CEOs were personally charged with criminal offenses when a worker for their companies died on the job because the CEO’s were considered responsible for the safety lapses that resulted in the fatalities.

Because both a corporation and individuals at the corporation could face criminal charges and penalties, it is important to secure proper legal advice as soon as possible after a company has been accused of wrongdoing.