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Attorney Chandon S. Alexander is a Las Vegas lawyer who is an active member of the National Trial Lawyers Association and has been recognized as one of the Top 10 Attorneys under 40. He is a member of the Clark County Bar Association, American Bar Association, and the Nevada Justice Association.
In the state of Nevada, resorting to force or threats in order to compel someone into doing something they have a legal right not to do is strictly prohibited. If you engage in such illegal activity and are found guilty of coercion, you may be subject to criminal charges.
If you are accused of coercion, the punitive stakes could be severe, including felony charges. Therefore, it is essential to employ every measure available to protect your legal rights and reduce any potential penalties that may ensue. For this reason, enlisting a qualified and experienced Las Vegas criminal defense lawyer can provide invaluable assistance in navigating these difficult waters.
At the Spartacus Law Firm, we are passionate about providing our clients with the best possible legal guidance and representation. We understand that criminal charges can be intimidating and will work closely with you to assess all of the evidence against you while evaluating your specific case. With expertise in coercion laws, our Las Vegas coercion attorney is exceptionally equipped to provide comprehensive defense services for those facing any type of accusation. Let us help ensure that your rights remain protected throughout this process.
Within Nevada, NRS 207.190 states that coercion is a punishable offense when an individual deliberately forces someone to act (or refrain from acting) by either:
In short, coercion consists of two elements:
1. It is unlawful for a person, with the intent to compel another to do or abstain from doing an act which the other person has a right to do or abstain from doing, to:
(a) Use violence or inflict injury upon the other person or any of the other person’s family, or upon the other person’s property, or threaten such violence or injury;(b) Deprive the person of any tool, implement or clothing, or hinder the person in the use thereof; or
The severity of the Nevada crime of coercion is based on whether force was utilized or not. If no physical force is involved, then this offense only amounts to a misdemeanor with penalties including:
But if the defendant applied or threatened to use physical contact, then coercion is classified as a Category B Felony and will be met with penalties that include:
According to NRS 207.193, the process of determining whether coercion was sexually motivated requires a hearing. Furthermore, according to subsection 6 of this statute, an offense can be considered “sexually motivated” if one of the primary intents for committing it is sexual gratification.
When a defendant has been found guilty of coercion or attempted coercion, the prosecutor can request that the court convenes an additional hearing to establish whether or not the offense was driven by sexual motivation. Sex crimes are serious and must be vigorously combatted with the help of a skilled Las Vegas coercion attorney.
Prosecutors must submit and serve a written notice to the defendant at least 72 hours before any hearing, or else they will be prohibited from requesting the hearing. This notification must be delivered in writing prior to the commencement of the trial.
At the hearing, the prosecution is entitled to present evidence of whether or not the offense was sexually motivated. At this point, it becomes incumbent upon the defense to rebut that argument and for the prosecuting attorney to prove definitively that sexual motives were at play beyond a reasonable doubt. Subsequent to the court hearing, either a stipulation by the accused admitting that sexual coercion was present or a set of findings must be documented in legal records.
1. Except as otherwise provided in subsection 4, if a person is convicted of coercion or attempted coercion in violation of paragraph (a) of subsection 2 of NRS 207.190, the court shall, at the request of the prosecuting attorney, conduct a separate hearing to determine whether the offense was sexually motivated. A request for such a hearing may not be submitted to the court unless the prosecuting attorney, not less than 72 hours before the commencement of the trial, files and serves upon the defendant a written notice of the intention to request such a hearing.3. At the hearing, only evidence concerning the question of whether the offense was sexually motivated may be presented. The prosecuting attorney must prove beyond a reasonable doubt that the offense was sexually motivated.4. A person may stipulate that his or her offense was sexually motivated before a hearing held pursuant to subsection 1 or as part of an agreement to plead nolo contendere, guilty or guilty but mentally ill.
NRS 199.305 declares that if a person intimidates or threatens a crime victim, representative of the victim, or witness with the intention to prevent them from reporting an offense to law enforcement officers, initiating prosecution proceedings, or causing an arrest; they are guilty of dissuading a witness’ offense. An example would be Gonzales v State (2012), which saw this particular provision applied in practice. Coercion and dissuading a witness offenses often overlap or can be charged in the place of one another. Additional charges that may appear coupled with these accusations include domestic violence or assault allegations.
1. A person who, by intimidating or threatening another person, prevents or dissuades a victim of a crime, a person acting on behalf of the victim or a witness from:
or who hinders or delays such a victim, agent or witness in an effort to carry out any of those actions is guilty of a category D felony and shall be punished as provided in NRS 193.130.
A plethora of strategies can be employed to overcome a coercion charge in Nevada, and below are only some probable methods that could lead to the complete dismissal of your alleged crime or lesser charges being brought up instead.
In Nevada, coercion is considered an intent crime because it requires that the defendant deliberately and knowingly act. If the prosecution cannot demonstrate that the accused purposely intended to take away from the victim their ability to make a certain decision — or lack thereof — then these accusations are invalid. To illustrate this point further, witnesses who have seen events unfold and text messages exchanged can all be used as evidence of the absence of criminal intent on behalf of the defendant.
It is unfortunately frequent for people to make false accusations against others due to revenge, jealousy, or mental illness. If the defense lawyer can demonstrate that either the accuser was not telling the truth or there is insufficient proof of coercion, then it stands to reason that this case should be thrown out.
If the prosecution fails to establish that the defendant utilized violence or violent threats in order to coerce another individual, then their felony charge should be downgraded to a misdemeanor. Additionally, if physical force was only employed for lawful self-defense purposes, then their felony charge may also be appropriately reduced.
The defendant can also dispute the claims of coercion by arguing that their actions were legitimate and misinterpreted. After all, coercing someone is a rather abstract accusation, making it difficult to distinguish what defines this violation in the eyes of the law. If you’re facing coercion charges in Nevada, it’s critical that you reach out to an experienced Las Vegas coercion attorney as soon as possible.
Contract coercion is an illegal practice used to force someone into a contract under conditions of fear or actual harm. Any agreement that results from this threat will be null and void, as it goes against the law. While being coercive can also be seen as a criminal offense, not all cases are connected with contractual obligations.
In Nevada, criminal coercion is the commission of an illegal act that attempts to or actually forces another person out of their rights. Perpetrators may engage in coercions such as threatening physical harm, extortion, blackmailing with reputation-damaging information, and other forms of psychological pressure on victims.
An individual may go to jail for criminal coercion, depending on the facts and circumstances. Criminal coercion is typically classified as a misdemeanor if no force was used or if there was not any immediate threat of force. As noted above, the punishment for a misdemeanor conviction may include:
Criminal coercion, which is the use of force or a threat of force to attempt to coerce a victim, can be classified as a Category B felony. The possible penalties for this type of crime may include:
If you have been charged with felony coercion, it is strongly recommended that you seek legal counsel in an effort to get the charges reduced to a misdemeanor or dismissed. Fortunately, individuals convicted of misdemeanors for coercion may seal their records one year after the case has ended; while those convicted of felonies must wait five years. Although cases that are dismissed can be sealed immediately, note that the record-sealing process itself will take multiple weeks. Learn more about how to seal your criminal record by contacting our Las Vegas coercion lawyer now.
If you have been arrested or are in need of answers to your questions, call our Las Vegas coercion attorney today. We can arrange a meeting to discuss how we may be able to get your charges lessened or thrown out through negotiation. But if necessary, we will take your case all the way to trial and pursue a not-guilty verdict. Reach out to the Spartacus Law Firm now for your free consultation and to learn more about how we can help you.
