Stalking is defined as willfully engaging in conduct that causes reasonable feelings of fear, terror, or intimidation in the victim. It places a victim in fear for his or her safety or the safety of family or household members. Following a person, making threats, or continually contacting a person may be considered stalking.
Stalking may be related to domestic violence if it is alleged to have been committed against a family member, spouse, ex-spouse, cohabitant, or person the defendant is or was in a romantic relationship with. If you face allegations such as these, a Las Vegas stalking defense attorney with De Castroverde Criminal & Immigration Lawyers understands the harsh penalties a domestic violence conviction brings and will help. We can help you consider your legal options during a free consultation.
Penalties for Stalking in Nevada
The penalties imposed for a stalking conviction in Nevada may include up to six months in jail and/or a fine of up to $1,000. Enhanced penalties will apply for a second or subsequent conviction, stalking in violation of a protective order, or stalking that causes fear of death or serious bodily injury.
The Key Difference Between Stalking and Aggravated Stalking
Stalking is a serious crime that carries serious penalties upon conviction. According to NRS § 200.575, Nevada defines stalking as willful or malicious conduct that makes an otherwise reasonable person fear for their immediate safety or that of a member of their immediate family or household.
It defines aggravated stalking as similar or worse behavior that causes an otherwise reasonable person to fear for their life. Aggravated stalking is a Category B felony punishable by:
- Up to 15 years of imprisonment
- Fines of up to $5,000
Crossing the line from stalking to aggravated stalking largely depends on the alleged victim’s perceptions. That means you can cross that line without being aware. When our Nevada criminal defense lawyer represents you, we leverage this information so that we can minimize the charges you face.
Our stalking defense lawyer in Las Vegas may be able to negotiate plea bargains so that you could face lesser charges and reduced penalties.
Understand the Stalking Charges You Face in Las Vegas
Stalking can encompass a wide range of criminal offenses in Nevada, including harassment. NRS § 200.571 defines harassment as threatening to harm or unlawfully restrain another person or their property. The state also allows parents to file protective orders for their minor children if they are victims of stalking, harassment, or threats of intimidation. When handling your case, we explain the penalties you face if an alleged stalking victim is a minor.
According to NRS § 207.180, you might also face charges if you are convicted of threats made in any written form. Additionally, Nevada law prohibits you from using the internet to cyberstalk the alleged victim. Being charged with stalking does not have to completely derail your life. Our Las Vegas criminal defense lawyer will build a strong case for you and help you start rebuilding your life.
What to Do if You Believe You Are Being Stalked
If you are a victim of stalking, you might feel intimidated and fearful all the time. Those continual feelings of anxiety can quickly take a toll on your physical and emotional health.
Victims of stalking in Las Vegas can get help, support, and resources from Crisis Support Services of Nevada. They provide services, host events, and offer emergency and ongoing advice and assistance.
Another resource for victims of stalking is the Victim & Witness Services program. An advocate with the program meets with victims and people who have witnessed violence to hear their stories and guide them through the court process and answer their questions.
Restraining Orders in Las Vegas Stalking Cases
Victims of stalking can seek to have a judge issue a temporary or extended protection order. These orders are also referred to as restraining orders. A temporary order requires victims to testify and provide the court with their application and evidence that stalking or domestic violence has occurred.
If the judge reviews the evidence and determines domestic violence or a threat of domestic violence has occurred, they should issue a temporary order within one judicial day after receiving the application (NRS § 33.020). These orders can last up to a 45-day period. Extended orders of protection make the time the order is in effect longer. However, one can be granted only after a judge hears from the accuser and the accused.
Each side will have an opportunity to present their evidence and tell their version of what happened before the judge decides whether to extend the protective order. Our lawyer can you present your side of the story and argue against an order or protection if one has been issued against you. If you are charged with violating a temporary protective order in Las Vegas, we can defend you in this matter as well.
Charged With Stalking in Las Vegas?
These cases may involve false or exaggerated allegations, and with a complete understanding of the Nevada legislature and case law on the subject, an experienced lawyer can protect your interests. A skilled Las Vegas criminal defense attorney from our firm can offer you a confidential review of your legal matter, at which point you can get helpful information in regard to your legal rights and options in dealing with your charges.
If you’ve been accused of or arrested on charges of stalking or any form of harassment, you should remember that you have the right to legal counsel. You are innocent until proven guilty, and a competent stalking defense attorney in Las Vegas can help you by aggressively challenging your charges and seeking to avoid a conviction.
Get Support From Our Las Vegas Stalking Defense Attorney
At De Castroverde Criminal & Immigration Lawyers, our Las Vegas criminal attorneys are skilled litigators ready to provide you with the vigorous defense you need in the face of stalking or domestic violence charges of any kind.
Find out how you can challenge allegations or charges of stalking by contacting a Las Vegas stalking defense lawyer at our offices today! We offer a free consultation so you can get the legal counsel that specifically addresses your situation and helps you figure out your next steps.