Help! I’m Facing Aggravated Stalking Charges in Nevada – What Should I Expect?

Getting charged with aggravated stalking in Nevada can be an incredibly scary and stressful situation. I know the feelings of anxiety, fear, and confusion you must be going through. But don’t worry – this article will walk you through what to expect and provide some guidance on how to handle these serious accusations.

What is Aggravated Stalking in Nevada?

Let’s start by making sure we understand what constitutes aggravated stalking under Nevada law. The legal definition is:

• Engaging in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed or fearful for their safety or that of a family member. This is considered regular stalking.
• Making threats to the victim with intent to put them in reasonable fear of death or substantial bodily harm. This pushes it into aggravated stalking territory.

Some examples could include repeated unwanted contacts through calls, texts, emails, showing up uninvited, sending disturbing gifts, threats of violence, etc.

Penalties and Punishment

The potential punishments for an aggravated stalking conviction are severe:

• Category B felony charge
• 2-15 years in Nevada State Prison
• Up to $5,000 in fines

This is much harsher than the penalties for misdemeanor stalking charges. The prosecutor will sometimes offer plea bargains to reduce the charges, but you can’t count on it.

The Legal Process and What to Expect

If you’ve been accused of aggravated stalking, here is a basic overview of what you can expect to happen:

• Arrest and Booking: If police have probable cause, they can arrest you and take you to jail for booking. This involves collecting fingerprints, photos, etc. You may be able to bond out, or bail may be set requiring payment for release.
• First Appearance: This hearing comes within 72 hours of arrest. This is not the time to enter a plea, but the judge will address bail terms.
• Preliminary Hearing: The prosecutor must show probable cause for the charges at this hearing. Your lawyer may argue weaknesses in their case.
• Arraignment: This is when you enter a formal plea of guilty, not guilty or no contest. Not guilty is the typical plea at this stage.
• Plea Bargaining: Your defense lawyer will negotiate with the prosecutor to try to get charges reduced or dismissed.
• Trial: If no plea agreement is reached, the case will go to trial. The prosecution bears the burden of proving all elements of aggravated stalking beyond a reasonable doubt.
• Sentencing: If found guilty at trial, the judge will impose sentencing within the statutory guidelines. Your lawyer will argue for leniency.

This process can take many months to conclude. Make sure you have a skilled criminal defense attorney helping you through every step.

Building a Strong Defense Against the Charges

While aggravated stalking cases can be challenging to defend, there are strategies an experienced lawyer may use to get charges reduced or dismissed:

• No unlawful conduct occurred – If the allegations are false or exaggerated, this could show your actions did not rise to the level of stalking under the law.
• Misidentification – Mistaken identity is possible if you were not the person engaging in the alleged conduct.
• Constitutional protections – The First Amendment protects free speech rights, which could apply if your actions were simply verbal.
• No true threat of harm – In aggravated cases, proving you did not actually threaten or intend harm could help get charges lowered to misdemeanor stalking.
• Mental health factors – Diagnosed conditions like mental illness may explain inappropriate behaviors.
• Victim credibility issues – If the alleged victim has made false accusations, their credibility can be challenged.
• Unlawful police conduct – If your arrest involved procedural errors or constitutional violations, evidence may be suppressed.

Steps to Take to Help Your Case

Here are some important steps to take after being accused of aggravated stalking:

• Remain silent – Do not try to explain yourself to police. Anything you say can be used against you. Invoke your right to an attorney.
• Hire an experienced lawyer – Aggravated stalking is a felony charge, so you need a skilled Nevada criminal defense lawyer. Be wary of lawyers making unrealistic promises. Vet credentials carefully.
• Follow pretrial release terms – If you bond out of jail, comply with all conditions like staying away from the alleged victim. Any violations could land you back in jail and hurt your case.
• Avoid contact with the accuser – Do not try to talk to, approach, call or text the alleged victim. This could worsen the charges against you.
• Gather evidence in your defense – Your lawyer can collect cell phone records, emails, surveillance video or other evidence to challenge the allegations.
• Get character statements – Written letters from people vouching for your good character can help at sentencing if convicted.
• Seek counseling – Seeing a therapist and addressing any mental health or behavioral issues looks good to the court.

Possible Outcomes and Consequences

I wish I could tell you that the charges will definitely be dropped or reduced, but there are no guarantees when facing felony stalking accusations. Here are the possible outcomes:

• Dismissal – If the evidence is weak, prosecutors may dismiss the charges. This is the best outcome.
• Reduced charges – The prosecutor might lower the charge to a misdemeanor to secure a plea deal.
• Plea bargain – Pleading guilty to aggravated stalking in exchange for a lighter sentence recommendation.
• Conviction at trial – If found guilty, you face 2-15 years in prison and a felony record.
• Acquittal – If the jury finds you not guilty at trial, you walk free and clear the charges.

If convicted, you will also face consequences like:

• Having a felony record
• Prison time
• Difficulty finding employment
• Bars on possessing firearms
• Restraining orders
• Probation terms
• Sex offender registration
• Deportation if not a U.S. citizen

Conclusion – There Are Options

Being arrested for aggravated stalking feels devastating, but know that there are options and a path forward. With an experienced criminal defense lawyer guiding you, it is possible to get charges reduced or dismissed. Be patient and let the legal process work. Make smart choices and avoid any further questionable behaviors. Listen to your lawyer’s advice every step of the way. And know there are people rooting for you and hoping for the best. You can get through this!