Forcing or stopping someone from doing
something through the use of threats or physical violence is coercion. Coercion
is typically found among the violent
crimes that perpetrate in Nevada. Know that this can be can be penalized
with a misdemeanor or a felony depending on the scale of the offense.
Coercion according to the Nevada Revised Statutes (NRS)
The NRS Section 207.190
describes coercion as the use of violence to “to compel another to do or
abstain from doing an act which the other person has a right to do or abstain
from doing…”
Basically, coercion is two things.
First, it is forcing someone to NOT do something that is within their right to
do. For example, a woman wants to break off a relationship but the man is threatening
to kill her and/or harm her family if she breaks up with him.
The second type of coercion is
forcing someone to DO something that he or she has the right to refuse to. An
example is a company head forcing an employee to submit to his sexual
advancements through threats to her life or her family.
Notice that these elements can be
found in the worst violent crimes in Nevada such as domestic battery,
kidnapping, and can even be precursors to manslaughter or murder homicide.
Standard coercion or when no
physical force was used is a misdemeanor in Nevada which should warrant up to
six months in jail and a fine of $1,000.
Now, if physical force took pace and
one that caused injury, a category B felony should be faced by the defendant.
This consists of six years in prison and a fine of $5,000.
Using coercion as a defense
While coercion is an element in
violent crimes that could convict you, it also could be your defense
to avoid charges altogether. Once facing a prosecutor, you could state that
you only did the violent crime because you were the first one to be coerced.
For example, your spouse was threatening you verbally and even held you at
knifepoint because he or she wants to do something you do not want. You just
happened to fought back by using the same method.
To better understand coercion and
how you can use it as a defense, get the counsel of a Las Vegas criminal defense lawyer who
understands the important factors in violent crimes in Nevada.