Nevada has declared many different types of behaviors to be unlawful. Offenses that are illegal because they are considered crimes against property are defined within Chapter 205 of Title 15. Within Chapter 205 are different subcategories of offenses that are considered property crimes. One of those subcategories relates to extortion.
Extortion crimes are considered to be serious offenses and harsh penalties are imposed upon defendants who engage in extortion. If you have been accused of extortion, you have legal rights. You must be treated as innocent until proven guilty and you have the option to raise defenses or try to introduce reasonable doubt to be acquitted of the charges that you are facing. You could also try to negotiate a favorable plea agreement aimed at lessening the penalties that could result from conviction of an extortion related offense.
LV Criminal Defense can provide you with help if you have been accused of extortion. Our legal team will work closely with you to identify the evidence that the prosecutor has that you engaged in extortion so we can help you to determine how to plead.
Depending upon the legal strategy that is right for you, we can provide representation in court or negotiate a plea agreement on your behalf. To find out more about how our firm can help you to fight charges, give us a call today to talk with a Vegas criminal defense attorney.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
The Nevada subsection of Chapter 205 that relates to extortion offenses contains two statutes: Nevada Revised Statute section 205.320, which deals with threats, and Nevada Revised Statute section 205.322, which deals with extortionate collection of debt.
According to Nevada Revised Statute section 205.320, it is illegal to engage in certain actions with the intent to extort or gain any monetary advantage or other property. It’s also illegal to engage in these actions with the intent to make, subscribe, execute, alter, or destroy any valuable security, instrument or writing or to act to affect a cause of action or a defense. Finally, it’s illegal to engage in these actions to influence the action of a public officer, to procure an illegal or wrongful act, or to attempt to procure an illegal or wrongful act regardless of whether or not the act is accomplished.
The acts you cannot do to secure an advantage, alter instruments, influence officers, or procure wrongful acts include threatening, directly or indirectly, to accuse someone of a crime; to injure a person; to injure property; to publish libel or attempt to have libel published; to disgrace someone or expose a deformity; or to expose a secret.
If you engage in any of these actions that are considered extortion under Nevada Revised Statute section 205.320, you could be found guilty of a category B felony offense under the statute. The penalty for conviction of this category B felony offense could include a minimum of one year of jail time and a maximum of 10 years of imprisonment.
Penalties could also include a fine of up to $10,000 and in addition to these other penalties, a convicted defendant could be ordered by the court to make restitution. This would mean repaying any money or giving back any property taken through extortion, or otherwise providing money to compensate the extorted victim and put him back into the position he was in before the extortion occurred.
The other statute under the extortion subcategory within Chapter 205, which relates to the extortionate collection of debt, prohibits certain actions in connection with trying to recover money owed. According to N.R.S. 205.322, it is illegal to cause a debtor to experience a reasonable apprehension that delaying in payment of the debt could result in the use of violence or could result in criminal acts being committed involving harming the debtor or another person or involving causing damage to any property that belongs to the debtor or that is in the custody of the debtor.
If anyone violates these rules and makes threats in the collection of debt, the defendant could be charged with a category B felony under N.R.S. 205.322. A category B felony is a serious crime and the penalties as set forth within the statute include a minimum of one year of imprisonment and a maximum term of six years imprisonment. The minimum one year prison term means there is little opportunity for leniency and defendants who have been convicted of extortionate debt collection will likely end up having to serve at least some prison time. The fact the offense is a felony also means a defendant will be left with a criminal record that impacts many rights and opportunities going forward.
Conviction for extortionate collection of debt could also have serious financial consequences. As a part of the penalty associated with this criminal offense, a defendant could be ordered to pay a fine totaling as much as $10,000. And, separate from the fines and other penalties, a defendant convicted under N.R.S. 205.322 could also be required to make restitution. Making restitution means providing repayment to the alleged victim of the extortion offense and making that victim whole by putting him back into the financial position that he would have been in had the extortionate collection of debt not occurred.
Avoiding these penalties is important to defendants concerned about their future and about the possibility of financial loss.
Nevada defense attorneys at LV Criminal Defense are familiar with all of the different types of extortion crimes criminalized in Chapter 205 of Title 15 of Nevada code. Our firm is ready to help you take action to fight against the charges that you are facing so you can reduce the impact an extortion accusation has on your reputation and so you can fight to protect your future. To find out more about the ways in which our firm can help you, give us a call today.