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Malicious prosecution

Malicious Prosecution Explained by Nevada Defense Lawyer

The criminal justice system must protect the rights of the accused within the state of Nevada. Involvement with the criminal justice system can be frightening for defendants accused of wrongdoing, and defendants can face damage to their reputation as well as a financial burden in navigating this system and trying to prevent themselves from facing serious consequences if they are charged and convicted of a crime.

Because it is imperative that the criminal justice system operate fairly and because defendants involved in the criminal justice system can face consequences even if not convicted in the form of lost money and a damaged reputation, it is imperative that no individual be accused of wrongdoing or charged with wrongdoing if there is not probable cause to pursue legal action against that individual.

Preventing unlawful criminal action against defendants is so important, the stare of Nevada actually has laws against malicious prosecution. If you have been accused of violating these laws, you could face serious legal consequences.

A Vegas defense attorney at LV Criminal Defense can help you to understand how best to respond to charges to reduce the chances of facing these consequences and to fight the accusations against you. Give us a call today to find out how we can help.

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Nevada Laws on Malicious Prosecution

Nevada prohibits malicious prosecution in Nevada Revised Statute section 199.310. This statute is found within Chapter 199, which is the chapter of Nevada’s criminal code that defines all different types of crimes against public justice.

According to N.R.S. 199.310, a person can be found guilty of malicious prosecution if that individual maliciously, and without probable cause, causes or attempts to cause another person to be arrested or to face legal proceedings in connection with a crime for which the accused is actually innocent.

Making a false police report alleging the occurrence of any crime that did not actually happen and falsely pointing the finger at an innocent person are both examples of a situation where an individual could potentially be charged with malicious prosecution if the false report was made with the goal of having the accused person prosecuted.

The penalty for malicious prosecution will depend upon the nature of the offense for which the defendant attempted to have someone maliciously prosecuted. If a defendant attempted to have another individual prosecuted for a felony without probable cause, the defendant could be charged with a Category D felony and could be imprisoned and fined. If a defendant maliciously attempted to have another person prosecuted for a misdemeanor offense or for a gross misdemeanor offense, then the defendant could be charged with a misdemeanor crime. While a misdemeanor is not as serious as a felony offense, it could still potentially result in a term of imprisonment and would result in a convicted defendant having a permanent criminal record.

Contact a Las Vegas Criminal Defense Attorney

A Las Vegas criminal defense attorney at LV Criminal Defense can provide the assistance that you need to respond to allegations that you caused or attempted to cause someone to be subject to malicious prosecution.

Our legal team can help you to identify different options for responding to charges, including raising defenses or introducing doubt as to whether you committed the offense. If the prosecutor cannot prove every element of a crime — including proving that you acted with malice and without probable cause — then the prosecutor should not be able to secure a conviction and you should be acquitted on the charges you face. We can also help you to negotiate a plea agreement with the goal of reducing the penalties that could be imposed upon conviction.

To find out more about how a Las Vegas criminal defense attorney can help you, give us a call today.

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