The crime of harassment includes a broad range of potentially criminal acts, making it a common offense in Nevada. Though this offense typically comes up in workplace or domestic violence settings, the legal definition of harassment is so broad that potential offenders may not realize they have allegedly committed a crime. Furthermore, the penalties for a harassment conviction can have severe, long-term repercussions for defendants, making it imperative to work with an experienced and skilled attorney if you’ve been charged with this crime.
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The Las Vegas criminal defense attorneys at the De Castroverde Law Group believe anyone accused of harassment deserves a robust defense. As a family-run, family-first law firm, we put everything into every case because we know what’s at stake for you. We have decades of legal experience and have won numerous awards for our services, including a Best of Las Vegas award from the Las Vegas Review-Journal. We don’t do this for the prestige, though; we do it because we care about the community we serve. Call us today or complete our contact form for a free consultation.
Definition of Harassment in Nevada
Unlike some laws, the baseline definition of harassment in Nevada law is short and straightforward. According to the Nevada Revised Statutes (NRS), someone commits the crime of harassment if they knowingly threaten to:
- Hurt the person they make the threat to or any other person
- Damage someone else’s property
- Physically confine or restrain the person they threaten or any other person
- Commit any act intended to substantially harm the target of the threats or any other person concerning their physical or mental health and safety.
Crucially, it doesn’t matter whether the person who makes the threats carries them out or means them. All that matters is whether the person threatened has a “reasonable fear” that the threats will be carried out.
Penalties for Harassment in Nevada
In most cases, harassment is a misdemeanor offense for a first conviction. In Nevada, the penalties for a misdemeanor include up to six months in jail, a fine of up to $1,000, or both. A second or subsequent conviction for harassment is a gross misdemeanor, which means the potential penalties increase to up to 364 days in jail, a fine of up to $2,000, or both.
There are some circumstances in which harassment is a felony offense. Under Nevada’s stalking laws, if the person threatened has a reasonable fear of “substantial bodily harm,” the charge escalates to a Category B felony, which carries much harsher penalties than a misdemeanor. According to the NRS, the baseline penalties for a Category B felony include a minimum of 1 year in prison and can go up to 20 years, depending on the offense and facts of the case.
Everyday Situations Involving Harassment Charges
Nevada has a broad definition of harassment so these charges can arise in many situations. There are some situations where these charges are more common, though. Those situations include:
- Workplace harassment: Both Nevada and federal laws prohibit harassment in the workplace. This includes sexual harassment (regardless of the target’s gender) and harassment based on other protected characteristics, including race, religion, age, national origin, and disability.
- Domestic violence: People often think of domestic violence as assault or battery against a spouse, dating partner, or someone in their household. However, Nevada’s domestic violence law explicitly mentions a “knowing, purposeful or reckless course of conduct intended to harass” in its definition of the offense. This statute also specifically includes stalking as a form of domestic violence, and stalking is a form of harassment under Nevada law.
- Violation of a protective order: If a judge issues a protective order in a harassment or domestic violence case, violating the order is a severe offense. Violating a temporary protective order is a gross misdemeanor while violating an extended order is a Category C felony. The penalties for a Category C felony include up to 5 years in prison and a fine of up to $10,000.
Defense Strategies Against Nevada Harassment Charges
Facing harassment charges in Nevada can be daunting, but knowing your defense options can make a significant difference. At De Castroverde Law Group, our approach to your defense is as unique as your case. We carefully assess the details to tailor a strategy best suits your situation. Here are some potential defense strategies we might consider:
- Lack of Intent: We may argue that the alleged actions were not intended to harass, annoy, or alarm the other person, a critical element of harassment charges in Nevada.
- Insufficient Evidence: If the evidence against you is weak or circumstantial, we’ll push for the charges to be reduced or dismissed. We scrutinize every piece of evidence to find gaps or inconsistencies.
- Mistaken Identity: Sometimes, the wrong person gets accused. We’ll look into alibis, witness statements, and any available footage to prove you were not involved.
How We Can Help If You Face Harassment Charges
The De Castroverde Law Group team is dedicated to providing robust support and guidance at every step of the legal process. Here are some ways we can help you with your case:
- Personalized Legal Representation: We take the time to understand your situation and tailor our defense strategy to your specific needs. You’re not just another case to us; you’re a person in need of a strong defense.
- Thorough Investigation: We dive deep into the evidence, scrutinizing every detail of the case against you. We build a solid foundation for your defense by gathering critical information and interviewing witnesses.
- Courtroom Representation: With our extensive experience in Nevada’s courtrooms, we can confidently represent you and make sure your voice is heard. We’ll argue fiercely to protect your rights and pursue the best possible outcome.
- Negotiation with Prosecutors: We have a strong track record of negotiating with prosecutors to reduce or dismiss charges when possible. Our understanding of legal nuances allows us to advocate effectively on your behalf.
- Support and Guidance: Facing harassment charges can be stressful. We provide constant support and clear communication at every step, so you’re never in the dark about your case. Our team is always here to answer your questions and ease your concerns.
Contact Our Nevada Harassment Defense Lawyers Today
At De Castroverde Law Group, we’re more than just your attorneys; we’re your allies in this challenging time. Let us take on the legal challenges while you focus on moving forward. Call us today or reach out online for a free case evaluation.