NRS 199.305: Preventing or Dissuading A Victim—Definition, Penalties & Common Defenses

In movies, particularly mob films set in Las Vegas like Casino, we often see how intimidation and threats are used to silence individuals. Whether it’s to prevent them from reporting a crime or testifying, these tactics play a central role in the story’s tension and drama. 

This means not only has the victim of the crime been violated by the person who committed the crime against them, but they also were the victim again when someone used intimidation and threats to prevent them from reporting the crime, starting a prosecution, or causing an arrest. Basically this law prohibits trying to discourage a victim from cooperating with law enforcement by using coercive tactics. 

These crimes are separate and apart from the original crime committed against another person. This charge focuses on the threat or intimidation of a victim to prevent them from cooperating with law enforcement.

These charges are serious and can land a defendant in jail for a long time.

If you are charged with this offense then you need to seek legal representation. The Defenders will come up with a plan to defend the charges against you.

Contact our office today for a free consult on your case.

What Does Preventing or Dissuading a Victim Mean?

NRS.199.305 States “ 1. A person who, by intimidating or threatening another person, prevents or dissuades a victim of a crime, a person acting on behalf of the victim or a witness from:

1. Reporting a crime or possible crime to a:
2. Judge 
3. Peace Officer 
4. Parole or Probation Officer
5. Prosecuting Attorney 
6. Warden or other employee at an institution of The Department of Corrections; or 
7. Superintendent or other employee at a juvenile correctional institution;

           (b) Commencing a criminal prosecution or a proceeding for the revocation of a parole or probation or seeking or assisting in such  prosecution or proceedings 

          (c)   Causing the arrest of a person in connection with a crime, who hinders or delays such a victim, agent or witness in an effort to carry out any of those actions is guilty of a category B felony and shall be punished.

“Victim of a crime” means a person against whom a crime has been committed.

In Nevada, the statute prohibits intimidating or discouraging a crime victim from reporting the offense or assisting law enforcement in their investigation.

What Are the Penalties for Preventing or Dissuading a Victim?

If found guilty of this crime, you can be charged with a category D felony.

Category D felonies carry the following penalties in Nevada:

• One to four years in state prison
• Fines of up to $5,000

In addition, you may be required to pay restitution to the victim for any damages or losses they incurred as a result of your actions. This can include medical bills, therapy expenses, and lost wages.

The severity of these consequences highlights the importance of not preventing or dissuading a victim from reporting a crime. By doing so, you are not only obstructing justice but also potentially causing further harm to the victim.

What Are the Common Defenses to NRS 199.305

Having a legal defense team who can develop a strategic plan to defend against criminal charges is essential.

Lawyers who have been in business in Nevada for years know the laws and what works to get charges dismissed or reduced. In the case of NRS 199.305, there are a few defenses that our team at The Defenders will use to defend against the charges against you. 

Lack of intent

Dissuading or preventing a victim is a crime of intent. You have to deliberately and knowingly act.

If the defense can prove that the defendant didn’t knowingly or deliberately prevent or dissuade a victim then the charges should be dismissed. The prosecution must prove beyond a reasonable doubt that the defendant committed this crime with intent.

False Allegations

False allegation charges happen all the time, wasting time of law enforcement and anyone else involved. These allegations arise out of jealousy, revenge, or mental illness.

If your legal team can prove that the accuser is not telling the truth or there is insufficient proof of coercion then the case should be dismissed.

No Assault or Battery

Intimidation and threats are usually the way crime victims are dissuaded or prevented from reporting a crime or cooperating with law enforcement. Usually people are threatened with violence to coerce the victim into keeping quiet.

If your lawyer can demonstrate that no violence was committed against the victim, the felony charges may be reduced to a lesser offense. Similarly, if it can be proven that any physical force was used solely in self-defense, such as during a fight, the charges could be re-evaluated accordingly.

Your lawyer can also argue that the actions were legitimate and misrepresented. 

Since coercing someone is an abstract accusation, it makes it almost impossible to define what is coercion and what is not in the eyes of the law. 

This is why it’s crucial to consult an experienced Las Vegas defense team as early as possible. Their expertise and strategic approach can make all the difference in building a strong defense for your case.

Other Related Crimes

The charges of preventing or dissuading a victim is a crime against public justice. 

There are many other related offenses that fall under these laws. Some of these are as follows:

• NRS 199.300: Intimidating public employees, jurors, referees, public officers, or other similar officials.
• NRS 199.310: Maliciously prosecuting someone or causing someone to be maliciously prosecuted.
• NRS 199.320: Causing a meritless lawsuit to be induced.
• NRS 199.330: Purchasing or promising a reward by a justice or a constable.
• NRS 199.340: Disobeying a court order and being held in criminal contempt.
• NRS 199.360: Fraud in connection with the birth of an infant, or making a false report in connection with the estate of someone who is deceased.
• NRS 199.460: Extorting a confession from a defendant or refusing to allow an accused individual to communicate with an attorney or with friends.

These offenses encompass a broad spectrum of charges and penalties tied to ensuring fairness in the justice system. Having a defense team that deeply understands the nuances of crimes against public justice is essential for effective representation.

Your attorney needs to have specific knowledge of these laws and charges to draw up a strategic plan to fight the charges against you. You need a legal team that are both good litigators as well as good negotiators. If getting the charges dismissed is not an option your team should be able to negotiate with the prosecution to get you the best possible outcome in a plea deal to get the penalties minimized.

What Should I Do if Charged With NRS.199.305

If you’ve been charged with preventing or dissuading a victim, it’s crucial to know the right steps to take—and the mistakes you must avoid.

Any good lawyer will tell you to follow a few rules to help yourself and your attorneys:

1. Stay Silent and Request a Lawyer

If arrested, remain calm and cooperate peacefully. The only thing you should say is that you want to speak to your lawyer. Never answer questions without legal representation. Even if you’re innocent, it’s natural to want to explain yourself or help the police, but anything you say can and will be used against you. The Miranda Warning explicitly states this. Bottom line: say nothing until you have legal representation.

2. Post Bail If Possible

If bail is an option and you can afford it, do what you can to secure your release. Jail is not a pleasant experience and can delay progress on your case. Your attorney can recommend a reputable bail bondsman. If the bail amount is reasonable, consider posting it directly. Being out of jail allows you to better prepare your defense.

3. Hire a Defense Attorney

While the state will provide a public defender if you can’t afford one, or you may choose to represent yourself, neither option is ideal. Public defenders are often overburdened with cases and may not have the time to dedicate to your situation. Representing yourself is risky unless you have legal expertise. Hiring a defense team, like The Defenders, ensures you have dedicated professionals working for the best possible outcome.

4. Provide Evidence to Your Legal Team

If you hire a defense team like The Defenders, they will conduct a thorough investigation into the charges against you. If you have any evidence proving your innocence, gather and share it with your legal team. They will use every resource available to build a strong defense on your behalf.

5. Attend All Court Appearances

Failing to appear in court can lead to additional charges under laws pertaining to crimes against public justice. Always attend your court appearances on time and dressed appropriately. If you cannot make an appearance, notify the court as soon as possible to avoid further complications. Showing up is essential to resolving your case effectively.

Facing Criminal Charges? The Defenders Can Help

If you are facing any criminal charge, the best thing you can do for yourself is hire an experienced legal team to help you navigate the complex legal system in Nevada. 

Even if you don’t live in Nevada but are charged with or arrested for a crime in Nevada you need a Nevada lawyer. This is usually the case for tourists visiting Las Vegas.

Only lawyers who are licensed in Nevada can represent you in court in Nevada.

The Defenders represent clients from all over, not just Nevada who have been charged with a crime in Nevada. 

We represent clients facing charges ranging from DUI to murder. We take great care to get our clients the best outcome we can based on the evidence and investigation.

If we take your case, you will be given a case review where we will go over what you should expect and what the possible outcome is. Call The Defenders today for a case review if you have been charged with a crime in Nevada.

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