Review: Defending Yourself Against a Stalking Charge in Las Vegas

 Stalking in Las Vegas is no small matter. It is a distressingly common case, fueled by the city’s sizable population and vibrant nightlife. Whether it is related to private individuals, marital issues, local business and staff, or famous personalities, stalking has the tendency to have severe negative effects on both the plaintiff and the defendant. In some cases it can even be worse on the defendant whether they are guilty or not; having the reputation of a stalker throws a shade on the person’s background and can adversely affect his life far into the future.

Facing a stalking charge in Las Vegas can be a harrowing experience for a first-time defendant. Fortunately, domestic violence attorneys handle stalking charges on the regular, and know some of the appropriate methods to avoid a conviction. Let’s review methods of defending yourself against a stalking charge in Las Vegas.

Part of The Job

Celebrity stalkers are fairly common fodder for entertainment gossip segments on television or online. People are familiar with the paparazzi horror stories: invasive photographers going as far as scaling high walls, using high-end telephoto lenses, or going on high-speed pursuits just to get a tabloid-worthy shot. Unfortunately, it can be easy to generalize these kinds of acts when they’re talked about so often. Many news photographers take quite the beating due to stalking and harassment claims, even if some of them are just earnestly doing their jobs. This plea is one of the more commonly-used defense claims in cases involving popular individuals, but take note: it only works if the defendant can prove that they were acting well within the limits of their legal employ. If the prosecution can prove that the defendant overstepped their boundaries, this defense can be turned against them.

Mistaken Identity

In a sea of faces, one can just be spotted in the wrong place at the wrong time and find themselves facing possible prison time and high fees. This is usually the case when someone is accused of stalking, especially in busy urban centers; a paranoid individual can just point you out in public and mistakenly call you out as a stalker. You can claim back that you were only mistaken for a stalker, and you being in the situation at the time can be considered pure coincidence. For example, you regularly take the same route as the plaintiff as part of your work routine. If they are legitimately being stalked, you can claim that you and the stalker just happen to be taking the same route as well.

This defense is equally usable in cyberstalking cases due to the uncertainty of identifying online personas. In addition, your profile may match the stalker’s persona by pure luck, which can falsely put you under hot water.

First Amendment Right

Someone can also be charged with stalking if the plaintiff believes they are being harassed verbally or in writing. Maybe it’s a series of comments made in person, or a few public criticisms on the plaintiff’s online profile. Whatever the case, an innocent post can be misconstrued as a malevolent attempt to harass a person and bring them down. A defendant can often claim that the comment was made with their right to free speech in mind. The First Amendment claim is often cited in stalking cases that involve messages or statements made in public, or towards a public individual with a prominent profile.

No Intention to Distress or Harass

Most cases of stalking come about because of miscommunication. A simple set of messages checking on a person’s health or what they’ve been doing for the day may be mistaken as intrusive and overly familiar, leading to charges of harassment and stalking. In such cases, the defendant must prove that their messages, statements, or acts had no intention of distressing or harassing the plaintiff, and that they were done in good faith. A variation would be a claim that no sensible individual would find the alleged acts or messages to be distressing or worthy of a stalking charge. The defendant can claim that the plaintiff was merely overreacting to entirely innocent acts, and any other person would not have found these acts intrusive.

Act of Spite

Sometimes there really isn’t any stalking or harassment involved. In such cases, the plaintiff may simply have disagreements with the defendant, or are seeking to deface the defendant’s reputation. In such cases, they would stage supposed incidents and frame them as acts of stalking on the defendant’s part.

In such situations, the defendant can claim that the charge was made against him or her as an act of spite on the part of the plaintiff. He or she can claim that the plaintiff is merely resentful of the defendant for certain reasons, and are using the stalking charge to ruin them. This defense works best if the plaintiff is a competitor, or someone who is against the defendant’s principles. It is also sometimes invoked in marital cases when one spouse accuses another.

These are just some of the commonly-invoked defenses against stalking charges in Las Vegas. Other defenses may apply for unique stalking conditions, and in many cases attempting to use any of the above claims may put you in an even more difficult legal situation. Always discuss your situation with your domestic violence lawyer in order to make informed decisions for your case.

Nevada Domestic Violence Statistics

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

Phone: (702) 383 – 5088

Fax: (702) 385 – 5088

Nevada Network Against Domestic Violence (NNADV) is an organization that provides assistance to domestic violence victims. Every year, they collect and produce an annual report of domestic violence cases in Nevada. In this article, we will break down the important points in their annual report.

Here are the statistics provided by NNADV:

Total number of primary victims: 38042
Age	Female	Male
0 – 12	30	21
13 - 17	348	53
18 - 29	6439	508
30 - 44	12100	950
45 - 64	3391	752
65	825	167
Unknown Age	12431	27
Total	35564	2478

Location	Number of Victims
Carson	1347
Churchill	287
Clark	25349
Douglas	175
Elko	191
Esmeralda	1
Eureka	4
Humboldt	45
Lander	11
Lincoln	0
Lyon	176
Mineral	16
Nye	125
Pershing	19
Storey	13
Washoe	9674
White Pine	8
Unkown	421
Out of State	180
Total	38042

Let us break down the facts:

• The statistics say that there are over 38,000 of reported cases of domestic violence in Nevada.
• Women are more prone to the cases of domestic violence.
• Most of the domestic violence cases are committed by people in the “30 – 44” age bracket, with over 12,000 cases.
• There are over 12,000 people who do not want to disclose their age.
• For some reason, Clark County has the most number of reported cases. Lincoln has no reported case of domestic violence.

It is important to take note that the statistics are based on reported cases. There are victims who chose not to report their case. If you know someone who is a victim or charged with domestic violence, please contact a domestic violence lawyer in Las Vegas.

Hire Atty. Ross Goodman

Atty. Ross Goodman has an extensive experience with domestic violence cases. He also provides the best legal advises for his clients in Las Vegas. Call Ross Goodman at (702) 383 – 5088 for a free consultation.

Penalties of Battery Domestic Violence in Nevada

Domestic violence happens when people deliberately commit “battery” against their cohabitants, former or current spouse/partners, or family. Battery means any willful and unlawful use of force or violence upon the person of another. Common examples of battery are pushing, any kind of hitting, burning, poisoning, strangling or any other type of unlawful force.

The penalties of battery domestic assault in Las Vegas depend on the case that a defendant is facing.

1^st Offense Penalties

A first offense of battery domestic violence within seven years includes penalties of:

·         A fine of $200 to $1,000

·         Jail imprisonment of 2 days to 6 months

·         48 to 120 hours of community service

·         A counseling about domestic violence at the defendant’s cost, for a minimum of 1 ½ hours/week (for 6 to 12 months)

2^nd Offense Penalties

A second battery domestic violence within seven years includes greater penalties than the 1^st offense.

·         10 days up to 6 months jail detention

·         a fine of $500 to $1,000

·         For 6 to 12 months, a required attendance to a domestic violence counseling for a minimum of 1½ hours/week paid by the defendant

·         community service of 100 to 200 hours

The first and second offense penalties are considered as misdemeanor provided that no deadly weapons, strangulation or any substantial bodily harm was involved.

3^rd Offense Penalties

The third offense penalties within the seven year period fall under the category C felony in Nevada law.

·         An imprisonment of 1 to 5 years

·         Up to $10, 000 fines

If the battery case involves strangulation, substantial bodily harm, or any deadly weapon, it constitutes a felony and the defendant might face greater punishments.

Battery With Strangulation (Category C Felony)

·         one to five years jail time

·         Obligatory fine of $15, 000

Battery With Deadly Weapon but Without Substantial Bodily Harm (Category B Felony)

·         Jail detention of two to ten years

·         Obligatory fine of $10,000

Battery With No Deadly Weapon but with Substantial Bodily Harm (Category C Felony)

·         Up to five years of stay in prison

·         $10,000 obligatory fine

Battery With Deadly Weapon and Substantial Bodily Harm (Category B Felony)

·         Two to ten years jail imprisonment

·         $10, 000 mandatory fine

Note: All penalties include an administrative assessment fee of $35 

Domestic Violence Crimes

Domestic Violence Crimes

Unfortunately crimes happen at home, in a family and close relationship setting. 

Here are some chilling facts: 

40-70% of women related homicides are directly caused by someone they are intimate with. 

While countries like Bangladesh, Peru, Tanzania and Ethiopia showed signs that the violence was almost close to 50% of female members, The UK and US were close to about 30% and 22% respectively.

In the US, women in a household of larger income brackets are subject to domestic violence much less than those who are not doing very well. The age of women subject to this in the US are usually 16-24yr olds. 

(source:http://www.overcomingviolence.org/en/resources/campaigns/women-against-violence/week-6-stories-from-around-the-/domestic-violence-facts.html)

All domestic violence acts are manifestations of the accused trying to dominate and have more power over the other person and it could be sexual, physical and verbal. 

Throughout the years, parents, husbands, cargeivers, caretakes and who have you been involved in violence at home. Many customs in some countries were acceptable. 

Here are a few types of violence that goes beyond just battery or physical assault. 

Acid throwing - done by a jealous partner, especially seen and heard of in Asia and in the Middle east.

Dowry deaths and Bride burning - prevalent social problem in parts of Asia especially India where the family compels the bride to suicide through persistent humiliation in order to extort dowry money. 

Honor killing - Justification of killing someone who brings dishonor to the family name. 

Marital rape - forced and coerced sex with unwilling spouse.

Foot Binding - painful binding of feet of young girls by parents to make them grow smaller. 

(http://en.wikipedia.org/wiki/Outline_of_domestic_violence)

In Nevada, there have been much debate about the actual figures of domestic violence but Nevada has been a hot zone for this kind of crime. Read more here.

The truth is that this crime is out there and most often goes unnoticed.  You can find out more about the statutes, penalties and legal definition of domestic abuse here.  If you are in Las Vegas, Henderson and surrounding areas in Clark County, you need to know what the law says about the victim and to the aggressor.

If you need legal help :
Contact Attorney Ross Goodman
Criminal Defense Lawyer
520 South 4th Street, Las Vegas, NV 89101-6593
Phone: (702) 383-5088 / Fax: (702) 385-5088