Stalking Defense Lawyer in Las Vegas

Facing criminal charges of stalking can turn your life upside down. With so much at stake, you need the help of an experienced stalking defense lawyer who can protect your reputation and rights. Working with a Las Vegas criminal defense lawyer at the Law Office of Joel M. Mann can seek to protect you from the harshest consequences of a stalking conviction in Nevada. Contact us today for a free consultation.

How a Criminal Defense Lawyer Can Help If You Are Facing Stalking Charges

If you have recently been charged with stalking in Nevada, you are probably feeling overwhelmed and anxious about your future. In addition to the serious penalties you may face if convicted, you may also be dealing with consequences that affect your reputation, relationships, and employment. However, a charge does not mean a conviction is a foregone conclusion.

Working with a Nevada criminal defense attorney can help you understand your rights and explore your legal options. Our legal team can thoroughly investigate the facts and circumstances surrounding your case. We can collect evidence in your defense. Anything we discover that can create the possibility of a reasonable doubt of guilt can be the key to your freedom. If it is in your best interest, we can negotiate a plea bargain or seek a reduction of charges against you.

Don’t leave your fate to chance. Let an experienced Las Vegas criminal defense attorney fight for you.

What Is Stalking?

According to Nevada stalking law (NRS 200.575), stalking is a crime that involves continuous and repetitive behavior that frightens, harasses, or intimidates another individual. Stalking can take many forms, including the following:

• Pursuing another person, whether on foot or by vehicular transportation
• Regularly showing up uninvited at a person’s place of residence, work, or social activity
• Repeatedly making unwelcome attempts at communication, including phone calls, texts, social media messages, or letters
• Sending multiple unwanted gifts
• Seeking personal information from the individual’s friends, family, or colleagues
• Defacing the property or belongings of another individual

Regardless of the specific form this behavior takes, it is crucial to remember that Nevada courts take stalking seriously. Anyone who faces stalking allegations needs to engage the services of an experienced attorney as soon as possible to protect their rights.

Types of Stalking

Under Nevada law, there are several types of stalking offenses, each with its own specific elements and penalties. Here’s an overview:

• Stalking – The basic stalking offense involves a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed, or fearful for their immediate safety or the safety of a family or household member. The person must also actually experience such fear.
• Domestic Violence Stalking – This offense, as outlined in NRS 200.591, involves stalking behavior committed against a victim with whom the offender has or had a dating relationship or intimate relationship or a person with whom the offender has a child in common. It can also be charged if the alleged victim is your child, your ward in the case of a guardianship, or your relative by blood or marriage.
• Aggravated Stalking – Stalking is considered aggravated if it involves the use of threats of violence, the violation of a restraining order or temporary protective order, the use of electronic means to surveil the victim, or if the offender has a prior conviction for similar behavior.
• Cyberstalking – This offense involves the use of electronic communication, such as emails, texts, or social media, to engage in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed, or fearful for their immediate safety or the safety of a family or household member.

Penalties for Stalking

The penalties for stalking offenses in Nevada can vary depending on the specific charge and the presence of aggravating factors. Here’s an overview of the potential penalties:

• Stalking – A first offense is classified as a misdemeanor, carrying a potential penalty of up to six months in jail and a fine of $1,000. A second offense is a gross misdemeanor, punishable by up to 364 days in jail and a fine of up to $2,000. A subsequent offense, or if the stalking involves the use of threats or violence, is classified as a category C felony, punishable by one to five years in prison and a fine of up to $5,000.
• Domestic Violence Stalking – This crime is a gross misdemeanor if the court order is temporary, carrying a punishment of up to 364 days in jail and a fine of up to $2,000. If the order is permanent, it is classified as a category C felony, punishable by one to five years in prison and a fine of up to $5,000.
• Aggravated Stalking – This is a category B felony, punishable by two to 15 years in prison and a fine of up to $5,000.
• Cyberstalking – If the offense involves a credible threat of violence or using electronic means to surveil the victim, it is classified as a category C felony, punishable by one to five years in prison and a fine of up to $5,000.

Stalking Defenses in Nevada

There are several potential defenses to stalking charges that an experienced criminal defense attorney may be able to assert on your behalf. Some common defenses include:

• Conduct Not Objectively Harassing or Frightening – In some cases, the alleged victim’s perception of the defendant’s behavior may not align with what a reasonable person would consider harassing or frightening.
• False Accusations – False allegations of stalking often occur in cases involving domestic disputes or personal conflicts.
• Misidentification – In some cases, the defendant may have been mistakenly identified as the perpetrator, particularly if the alleged stalking behavior involved anonymous communications or surveillance.
• First Amendment Protections – Certain forms of speech and expression, such as peaceful protests or political activism, may be protected under the First Amendment, even if they are perceived as unwanted or intimidating by the alleged victim.
• Prosecution Has Not Met the Burden of Proof for All Necessary Elements – In any criminal case, the prosecution must prove every element of the crime beyond a reasonable doubt. If the evidence presented by the prosecution fails to establish one or more of the required elements of stalking, such as a credible threat or a course of conduct, this could be grounds for dismissal or acquittal.

Contact an Experienced Criminal Defense Attorney for Help

If you are facing stalking allegations in Las Vegas, the gravity of your situation requires immediate action. Prosecutors will swiftly begin building their case against you. You need the support of a skilled and knowledgeable stalking defense lawyer to counter the state’s resources.

The Law Office of Joel M. Mann has many years of experience fighting on behalf of accused clients in all of Nevada’s state and federal trial and appeals courts. Joel’s knowledge of the legal landscape can help you explore all possible avenues for safeguarding your liberty and reducing the severity of the consequences you may face. Call our office today or contact us online for a free consultation to learn more about how we can help.