In Nevada, being accused of stalking can cause immense personal, professional, and emotional damage, long before any trial begins. Stalking allegations are serious, and the law surrounding them is complex. Whether the accusation stems from a misunderstanding, a failed relationship, or a misinterpreted series of interactions, knowing where the legal line is—and how to respond—is critical.
What Qualifies as Stalking in Nevada?
Under NRS 200.575, stalking is defined as repeatedly engaging in behavior directed at a specific person that would cause a reasonable individual to feel frightened, intimidated, or harassed. Unlike a one-time comment or action, stalking involves a pattern of behavior. This may include:
- Repeated phone calls or messages
- Showing up at someone’s home or workplace uninvited
- Using social media to monitor or contact someone
- Sending unwanted gifts or letters
- Using GPS or other tracking tools
In Nevada, stalking becomes aggravated when it involves credible threats, use of a weapon, or violation of a restraining order.
Intent and Perception: The Gray Area
One of the most difficult aspects of stalking cases is the gap between intent and perception. A person may believe they are expressing concern or trying to reconcile, while the recipient may feel threatened. The law focuses largely on how a reasonable person would interpret the behavior, not how the accused meant it.
This means that even actions you consider benign or well-intentioned could lead to criminal charges if someone else interprets them differently. This gray area makes legal defense particularly nuanced.
Penalties for a Stalking Conviction
In Nevada:
- First offense (no aggravating factors): Misdemeanor punishable by up to 6 months in jail and/or fines up to $1,000.
- Second offense within 7 years: Gross misdemeanor with stiffer penalties.
- Stalking with threats (aggravated stalking): Felony punishable by up to 15 years in prison.
Stalking convictions can also lead to restraining orders, loss of employment, gun rights restrictions, and long-term reputational damage.
How to Defend Against a Stalking Charge
There are several legal defenses that an experienced criminal defense attorney in Las Vegas may explore:
- Lack of intent: If the behavior wasn’t willful or meant to harass, that could weaken the prosecution’s case.
- False accusation: Sometimes, stalking charges stem from personal vendettas or contentious breakups.
- No credible threat: Even if behavior occurred, it may not meet the threshold of harassment or fear required by law.
- Violation of constitutional rights: If law enforcement obtains evidence unlawfully, it could suppress key elements.
What You Should—and Shouldn’t—Do
- Do not contact the accuser. Even to apologize or explain. This could be used as evidence.
- Do not post about the situation on social media. Anything you say publicly can be used in court.
- Do consult an experienced criminal defense attorney. This isn’t a situation you can resolve on your own.
Criminal Defense Firm in Las Vegas
If you are facing charges in Las Vegas, NV, contact Goodman Law Group for a consultation. Expert legal guidance is a step away, and their dedicated team can assist you in navigating your unique circumstances with the legal insight you need. Contact us today at (702) 825-7854 to get started.