Nevada Defense Attorney Explains Coercion Crimes
In the state of Nevada, it is illegal to use force, threats, or other unlawful tactics in order to compel someone to do something or to compel or cause someone to refrain from doing something he has a legal right to do. If you use illicit means to cause another person to act or to refrain from acting, you could be charged with a coercion crime.
Coercion is taken seriously and if you are accused of engaging in coercive behavior, you could face felony charges. You need to make certain you have done everything possible to reduce the risk of being convicted of coercion or to get help finding ways to lessen the penalties that could be imposed upon you. This means hiring a committed, knowledgeable Vegas criminal defense attorney.
LV Criminal Defense is here and ready to help. Our firm can work closely with you to identify the evidence against you, to evaluate the nature of the charges you are facing, and to determine the best response to serious accusations. Our Nevada criminal law firm has extensive experience providing representation to defendants accused of coercion and we can bring our knowledge of this complex area of law to your case.
To find out about the ways in which our legal team can provide assistance in responding to coercion charges by helping you to build a strong legal strategy, give us a call today.
Nevada Laws on Coercion
The state of Nevada addresses the crime of coercion in Chapter 207 of Title 15, which is the part of the state’s penal code that deals with miscellaneous criminal offenses. The statute within Chapter 207 that defines coercion is Nevada Revised Statute section 207.190.
According to N.R.S. 207.190, it is illegal to take certain actions with the intent to compel another person to do an act that the individual has a right to abstain from doing. It is also illegal to take certain actions with the intent to compel another person to refrain from doing an act that person has the right to do.
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The actions that are prohibited and which could constitute coercion include using violence; inflicting injury upon the person who is being compelled to act or refrain from taking action; using violence or inflicting injury on a family member of a person who is being coerced; or harming the property of the person who is being coerced. Threatening to use violence, inflict injury, harm family members, and harm property are also all acts of coercion that can result in a defendant being charged under N.R.S. 207.190.
Punishment for Coercion in Las Vegas
Attempting to intimidate anyone by means of force or threat, or trying to compel someone to act or refrain from acting by depriving a coercion victim of a tool, implement, or clothing, can also constitute unlawful coercive behavior as can any attempt to use threat of force to intimidate.
If a defendant is convicted of coercion, the penalties will vary depending upon what type of coercive conduct occurred leading to the arrest. If there was physical violence used in coercion or if there was an immediate credible threat of physical force, the violent or threatening person could be charged with a category B felony.
Conviction for a category B felony under N.R.S. 207.190 requires that a defendant who is convicted be sentenced to a minimum of one year imprisonment and a maximum of six years in state prison. A defendant could also be fined up to $5,000 in circumstances where the defendant is found to have committed felony coercion.
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If a defendant is found to have engaged in coercive activity but there was no physical force used and there was no immediate threat of physical force, under these circumstances, the defendant could be convicted of a misdemeanor crime.
What is Coercion Sexually Motivated in Nevada
Under Nevada Revised Statute section 207.193, the state of Nevada also sets forth procedures for determining of coercion is sexually motivated. Under the relevant statute, if a person is convicted of coercion, the prosecutor can request a separate hearing be conducted to determine if the coercive behavior was motivated by sex.
When requested, such a hearing must occur before a sentence is imposed upon the defendant and before a sentencing hearing is conducted. The only evidence presented at the hearing will be focused on whether the defendant’s conduct was sexually motivated or not. Defendants also have the opportunity to stipulate that the offense was sexually motivated so no hearing will be held. If a hearing does take place, a decision on whether the offense was sexually motivated will be entered into the court record.
Getting Help from a Vegas Criminal Defense Attorney
A Nevada defense attorney at LV Criminal Defense can provide representation if you have been accused of coercion and are facing misdemeanor charges or felony charges under the law in the state of Nevada.
Because there is a minimum one year sentence imposed if you are convicted of felony coercion, there is little leeway for you to be given a lesser sentence once you have been tried and found guilty of this offense. You want to ensure you develop the right legal strategy from day one so you can try to ensure that this does not happen and try to ensure that you are able to maximize your chances of staying out of jail.
Our dedicated and experienced legal defense team has extensive experience helping defendants to fight against accusations that they engaged in coercive behavior. We also provide representation to defendants accused of related offenses, such as dissuading a witness or trying to influence public officials.
Whatever the circumstances of your specific case, if you have been accused of engaging in coercive behavior or accused of engaging in coercive activity, our firm can provide the help and support you need to fight charges of coercion. Just give us a call today to talk with a Las Vegas criminal lawyer who can help you.