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Bigamy & Incest Defense Lawyer In Las Vegas, NV
In Nevada, both bigamy and incest are classified as serious felonies, punishable by imprisonment. These crimes often involve continuous illegal behavior and can span across county lines, leading to complexities in determining the appropriate jurisdiction for prosecution. Nevada’s legal framework provides clear guidelines on where these sex crimes can be prosecuted, and it’s crucial for defendants to understand these provisions to anticipate where charges might be filed against them.
At Spartacus Criminal Defense Lawyers, our team of seasoned Las Vegas criminal defense attorneys is well-versed in the intricacies of Nevada law regarding incest, bigamy, and other criminal acts. We possess a deep understanding of how Nevada’s prosecutors decide on case venues, and we’re committed to vigorously defending our clients in both state and federal courts. If you need legal assistance with a case in Clark County, Nevada, or its surrounding areas, contact us today for a consultation and expert support.
What Is Incest?
Nevada law categorizes incest as engaging in marriage, fornication, or adultery with a relative more closely related than a second cousin, including half-blood cousins. For instance, a father marrying his daughter would constitute incest for both parties involved. It’s crucial to understand that charges of rape and incest can coexist. Should a mother sexually assault her son without consent, she is guilty of both incest and rape.
Incest Charges In Nevada According To NRS 201.180
Persons being within the degree of consanguinity within which marriages are declared by law to be incestuous and void who intermarry with each other or who commit fornication or adultery with each other shall be punished for a category A felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of life with the possibility of parole, and may be further punished by a fine of not more than $10,000.
Penalties For Incest Charges In Las Vegas, NV
In Nevada, incest is classified as a Category A felony, placing it among the most severe criminal offenses. The court may consider probation if a psychosexual evaluation of the defendant indicates a low risk of reoffending. However, absent such findings, the penalties for incest can be significant.
- 2 years to life in Nevada State Prison, and
- A fine of up to $10,000 (at the court’s discretion)
Additionally, being convicted leads to mandatory lifetime supervision in accordance with NRS176.0931, alongside the requirement to register as a sex offender. There is, however, the potential for early release from lifetime supervision, contingent on the specifics of the case. When deciding on the ultimate sentence, a judge in Nevada will take into account several key factors.
- The degree of kinship between the two individuals involved
- The age of the parties, specifically whether they are both adults (over 18 years of age), both minors or one of each
- The consensual nature of the marriage and/or sexual relations
For instance, if adult first cousins once removed engaged in consensual intercourse, they might face a lenient sentence, as it could be considered a victimless crime with no harm done to either party. Conversely, an adult male committing rape against his minor sister would undoubtedly face a stricter sentence, given the involvement of an underage victim and the coercive nature of the act.
Defenses To Incest Charges In Las Vegas, NV
- No Sexual Relations Took Place. If the prosecution fails to demonstrate that you engaged in sexual relations with a relative, a charge of incest is not applicable.
- Absence of Familial Connection. If there is no blood relation or if the individuals are distant relatives, an incest charge cannot be sustained.
Should you or someone you know face charges of incest in Nevada, securing representation from a seasoned Las Vegas criminal defense lawyer is crucial. Spartacus Criminal Defense Lawyers stand out from the other firms with their dedication and experience. Our team is well-equipped to handle incest cases as well as other sexually related criminal charges. Contact our office today to schedule a consultation and learn more about how we can help.
Frequently Asked Questions
Can The Record Of Incest Crimes Be Sealed?
In Nevada, convictions for incest can never be sealed, highlighting the crucial importance for defendants to engage an experienced Las Vegas invest defense lawyer to represent them. The aim is to reduce or drop the charge, as dismissed charges are eligible for immediate sealing.
Where Are Defendants Prosecuted For Incest Charges?
To face charges of incest or bigamy, legal prosecution for the said offenses is a requisite. Typically, the prosecution unfolds in the jurisdiction where the crime took place. However, in Las Vegas, the scenario might get complex due to the presence of multiple counties with vested interests in prosecuting a defendant.
The Nevada Revised Statute 171.055 lays down clear guidelines for cases where a defendant commits either bigamy or incest in one county but gets arrested in another. According to the statute, prosecution is viable in either county, as both hold substantial interest in pursuing the charges.
Despite the possibility of being prosecuted in either county, a defendant is protected from being tried in both counties for the identical charge. Once a defendant is convicted or acquitted in a county, N.R.S. 171.075 ensures that this verdict acts as a shield against any further criminal proceedings in any other county for the same offense.
How Can Spartacus Criminal Defense Lawyers Help?
Nevada’s incest law is highly technical, limiting its prohibitions to a specific range of actions. As a result, there’s potential for an incest charge to be dismissed if the defense attorney can demonstrate that the defendant’s actions fall outside the scope of these banned behaviors. Here are three possible defenses:
- No Fornication: Nevada’s incest laws strictly prohibit sexual relations between closely related individuals. The term “fornication” traditionally refers to sexual intercourse specifically between a man and a woman, excluding other forms of sexual activity or conduct. Therefore, if it cannot be conclusively proven that the accused engaged in sexual intercourse, the criminal charges may be dismissed.
- No Marriage: Additionally, Nevada’s incest laws bar closely related individuals from entering into marriage. If a defense attorney can demonstrate that the accused presented themselves as a married couple without undergoing a legal marriage, the strength of the prosecution’s case could be substantially diminished.
- No Relations: Often, individuals might refer to each other as cousins, siblings, or use other familial terms, even when they are not biologically related, or in cases where one party was adopted or born to someone outside of the immediate family. If a defense lawyer can prove that the accused is not actually blood-related to the complainant or that their familial connection is distant (e.g., second cousins or beyond), the charges should ideally be dropped.
Other potential defenses involve law enforcement agency misconduct, such as coercing a confession or performing an unlawful search.
Contact Our Las Vegas Incest Defense Lawyer Today
At Spartacus Criminal Defense Lawyers, we recognize that a deep understanding of criminal procedure is crucial for effectively defending our clients. Too many lawyers fail to give proper attention to critical aspects such as venue and jurisdiction, which can significantly impact client representation.
Our legal team diligently examines each aspect of criminal procedure to ensure our clients receive the fairest possible trial and to minimize the risk of conviction and severe penalties. If you’re seeking a meticulous and informed Las Vegas criminal defense team to advocate on your behalf, reach out to Spartacus Criminal Defense Lawyers today for more information.