Attorney James C. Gallo represents clients charged with “harassment” and related charges for stalking, cyberstalking, harm to minors, and violation of protective orders. Many of these cases involve statements made online on websites or social media platforms. If you were arrested for "harassment" under NRS 200.571, then contact an experienced criminals defense attorney today at Gallo Law Office.
The harassment statute is relatively vague in the sense that it cover a wide range of conduct related to making a threat of bodily injury, property damage or subjecting a person to confinement or restraint. A catch-all provision within the statute covers “any act which is intended to substantially harm the person threatened or any other person with respect to his physical or mental health or safety.”
Under Nevada's harassment statute, the threatening words or conduct must place the other person in “reasonable fear” that the threat will be carried out. The courts have found that the crime of harassment does not necessarily require an intention to carry out the threat — it is the making of the threat that violates the statute, so long as the words place the recipient in reasonable fear the threat will be carried out.
Harassment is generally considered to be a form of domestic violence when it involves an alleged victim who is domestically related to the person accused such as relatives, dating partners or former lovers. An increasing number of these cases, however, are made between people who are merely roommates, neighbors, former friends or co-workers. Because the statute is so broadly worded, the potential for false or exaggerated accusations resulting in an unjust arrest or prosecution are high.
Article last updated on Friday, June 19, 2015.
Penalties for the Crime of Harassment in Las Vegas, NV
NRS 200.571(2) provides the penalties and punishments for harassment. The crime of harassment can be charged as either a misdemeanor or a felony depending on the facts of the case. The potential penalties and punishments include:
- For a first offense, crime of harassment is a misdemeanor punishable by up to six (6) months in jail and/or up to a $1,000 fine;
- For a second or subsequent offend, the crime of harassment is a gross misdemeanor which has more serious penalties including up to 364 days in jail and/or a $2,000 fine;
- If the harassment occurred online, through a website, text messaging or other electronic means, then the harassment offense can be charged as a category C felony which is punishable by 1 to 5 years in prison and a possible $5,000 fine; and
- The crime of harassment can also be charged as a felony if the threat involved putting the alleged victim in fear of death or substantial bodily harm. In those cases, the offense can be charged as a category B felony which carries a term of imprisonment for 2 to 15 years and a possible $5,000 fine.
NRS 200.571 - Harassment under Nevada Law
Nevada law sets out the elements of the crime as well as the penalties and punishments for harassment in NRS 200.571. Harassment is defined in NRS 200.571 as a prohibition against:
(a) Without lawful authority, the person knowingly threatens:
(1) To cause bodily injury in the future to the person threatened or to any other person; or
(2) To cause physical damage to the property of another person; or
(3) To subject the person threatened or any other person to physical confinement or restraint; or
(4) To do any act which is intended to substantially harm the person threatened or any other person with respect to his physical or mental health or safety; and
(b) The person by words or conduct places the person receiving the threat in reasonable fear that the threat will be carried out.
Finding an Attorney for Harassment in Las Vegas
If you were arrested for the misdemeanor of harassment in Las Vegas, Nevada, or the surrounding areas of North Las Vegas, or Henderson, then contact an experienced criminal defense attorney in Las Vegas, NV, to fight to protect you against this serious charge. Although many of these allegations are between family members or loved ones in a domestic relationship, these charges can be made by anyone against anyone. Officers are often required to make an arrest even when they have serious reservations about the truth of the allegations.
Related charges include stalking, cyberstalking, harm to minors and violation of an order for protection. James C. Gallo represents clients on domestic violence charges, harassment, and related charges. Call (702) 385-3131 today for a free consultation with Gallo Law Office to discuss the case.