In the state of Nevada, certain types of threatening conduct that cause fear among members of the public have been classified as acts of terrorism. If you are accused of terrorism, you do not actually have to physically cause anyone harm in order to be convicted of serious offenses. You can face conviction and a lengthy prison sentence, and the mere accusation can have a very profound impact upon your life.
Criminal charges related to terrorism can be complicated and the stakes are very high because of the serious penalties that could be imposed upon you if you are found guilty of an offense related to terrorism. It’s imperative you get legal help from an experienced attorney who understands terrorism cases and who can provide the guidance and support you need to fight to clear your good name in response to life-changing accusations.
LV Criminal Defense can provide help in fighting accusations of terrorism. Acts of terrorism and related offenses are defined within Chapter 202 of Title 15 of Nevada code, which is the chapter of Nevada’s penal code that details crimes against public health and safety. We have provided representation to many defendants accused of various types of conduct made illegal because it is considered to be a risk to public health. We know how prosecutors pursue cases related to terrorism and we can help you to protect your rights during an investigation and respond strategically to serious charges.
To find out more about how our firm can help you to fight accusations related to terrorism, weapons of mass destruction, and other behaviors made illegal in Chapter 202, give us a call today.
Within Chapter 202, different kinds of criminal offenses are divided into different subcategories based on the nature of the offense. There is a subcategory for terrorism offenses, which includes Nevada Revised Statute Section 202.441 through Nevada Revised Statute section 202.449.
Within these statutes there are definitions of key words including acts of terrorism, biological agent, chemical agent, delivery system, hoax substance, material support, radioactive agent, terrorism, toxin, and weapons of mass destruction.
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These definitions are important, because a person could face serious penalties for activities that are considered to be an act of terrorism and because possession of certain substances such as biological or chemical agents could also result in serious criminal charges. Having a clear definition is key so it can be determined if a defendant’s conduct causes him to fit within that definition. A prosecutor seeking a conviction would have to prove, beyond a reasonable doubt, that the defendant’s conduct met the criteria to be defined as unlawful.
Statutes within the subsection of Chapter 202 that define terrorism offenses not only provide detailed information on things like who can be a terrorist, the statutes also define specific kinds of criminal conduct and impose penalties for that particular conduct. For example, N.R.S. 202.466 details prohibited actions related to weapons of mass destruction, lethal agents, toxins and hoax substances.
According to N.R.S. 202.466, it is unlawful to develop, manufacture, produce, assemble, transfer, transport, retain, test, possess, or otherwise interact in any way with biological agents, chemical agents, radioactive agents, other lethal agents, or any toxins or delivery systems for use as a weapon. It’s also unlawful to send, deliver, disperse, discharge, or otherwise disseminate or use any weapon of mass destruction, biological agent, chemical agent, toxin, or delivery system.
In order for a defendant to be convicted of unlawful involvement with biological agents, chemical agents, radioactive agents, or other lethal agents, a prosecutor must prove that these prohibited items are possessed by the defendant with the intent to cause harm. The defendant can be convicted if the prosecutor proves intent even if no harm actually occurs to the defendant.
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The defendant could also be convicted if the prosecutor proves that the defendant possesses the dangerous weapons of mass destruction or toxin or dangerous substances under circumstances that are reasonably likely to cause harm. If the defendant possesses the item under circumstances likely to cause harm, the defendant can be convicted regardless of his or her intent. The defendant can also be convicted regardless of whether or not any harm actually occurs.
A violation of the law in N.R.S. 202.466 connected with possession or involvement with weapons of mass destruction or other prohibited toxins is a category A felony .
The penalties for this category A felony differ depending upon whether substantial bodily harm or death occurs in connection with the dangerous substances. If no substantial bodily harm or death occurs, the defendant can be sentenced to life in prison with the possibility of parole, with eligibility for parole after 10 years imprisonment or could be sentenced to 25 years imprisonment with the possibility of parole after 10 years. If substantial bodily harm or death occurred, the defendant can be sentenced to life in prison without the possibility of parole; to life in prison with the possibility of parole after 20 years; or to 40 years imprisonment with the possibility of parole after 20 years.
Attempting to become involved with weapons of mass destructions or lethal agents, or conspiracy to become involved with such weapons can also be considered a violation of N.R.S. 202.466 if the prosecutor proves intent or if the prosecutor proves that the actions were taken under circumstances likely to cause harm. However, in these cases, the defendant could be charged with a Category B felony and faced with a minimum of two years imprisonment and a maximum of 15 years imprisonment.
This is just one of several statutes found within the terrorism section of Chapter 202. You should make certain you understand the specific laws you’ve been accused of breaking and get the right legal help to fight charges.
LV Criminal Defense can represent you if you have been accused of involvement with weapons of mass destruction or other acts of terrorism. To find out more about how our Vegas defense attorneys can fight for you when you’re faced with serious charges, give us a call today.