Coercion Charges in Las Vegas
Under the laws of the State of Nevada, it is against the law to commit an act of coercion or conspiracy to commit coercion. The penalties are enhanced if physical force or an immediate threat of physical force is used. In many of these cases, the prosecutor will allege that the act of coercion was “sexually motivated” which triggers a special hearing.
Las Vegas Coercion Defense Lawyer
If you were arrested for a felony or misdemeanor version of Nevada’s coercion statute then contact an experienced criminal defense attorney at the Law Office of Joel M. Mann. Attorney Joel Mann represents men and women charged with coercion and related crimes of violence throughout Clark County, including Las Vegas, North Las Vegas, and Henderson, Nevada. Call to discuss ways to fight the charges and defend yourself against these serious criminal allegations.
Elements of Coercion
The following elements of the crime of coercion are set out in N.R.S. 207.190 including:
- It is unlawful for a person with the intent to compel another to do or abstain from doing an act involving;
- the use of violence or inflicting injury upon the other person or any of the other person’s family, or upon the other person’s property, or
- the threaten use of such violence or injury;
- depriving the person of any tool, implement or clothing, or
- hinder the person in the use thereof; or
- an attempt to intimidate the person by threats or force.
Penalties and Punishments for Coercion
The penalties and punishments for coercion depend on whether physical force or an immediate threat of physical force was used. If not, then the offense is charged as a misdemeanor punishable by a statutory maximum sentence of 6 months in jail and a $1,000 fine.
Where physical force or the immediate threat of physical force is used, the criminal offense of coercion is classified as a category B felony punishable by one to six years in prison and a fine of up to $5,000.
Sexually Motivated Coercion under Nevada Law
NRS 207.193 provides for the procedures to conduct a hearing to determine whether the crime of coercion was sexually motivated. NRS 207.193(6) provides that for purposes of this section, an offense is “sexually motivated” if one of the purposes for which the person committed the offense was his or her sexual gratification.
If a person is convicted of coercion or attempted coercion then the prosecuting attorney can request that the court conducts a separate hearing to determine whether the offense was sexually motivated.
The prosecutor is not permitted to request the hearing unless he or she has filed and served upon the defendant a written notice of the intention to request such a hearing. The written notice must be filed and served not less than 72 hours before the commencement of the trial.
At the hearing, the prosecutor is permitted to present evidence concerning the question of whether the offense was sexually motivated may be presented. The defense is permitted to present evidence to rebut that showing. The burden is on the prosecuting attorney to prove beyond a reasonable doubt that the offense was sexually motivated.
After the hearing, the court must enter in the record its findings or a stipulation by the defendant that the act of coercion was sexually motivated.
Dissuading a Witness under NRS 199.305
NRS 199.305 provides that a person commits the crime of preventing or dissuading a witness when, through intimidation or threats, he or she prevents, dissuades, or delays a victim of a crime, a person acting on behalf of a victim, or a witness from reporting a crime or possible crime, commencing a prosecution, or causing an arrest. See e.g., Gonzales v. State, 56726, 2012 WL 642603 (Nev. Feb. 24, 2012).
Criminal charges for coercion and dissuading a witness are often closely related or charged in the alternative. Related charges can also include domestic battery or assault.
Finding a Defense Attorney for Criminal Coercion Charges
If you were charged with any felony or misdemeanor offense for coercion or conspiracy to commit an act of coercion, then contact Law Office of Joel M. Mann, an experienced criminal defense lawyer in Las Vegas, Nevada, to discuss your case.