Friday, March 21, 2014

Domestic Violence - Coercion


What is the crime of coercion?  It is included in the definition of Domestic Violence in Nevada as part of NRS 33.018:
1. Domestic violence occurs when a person commits one of the following acts against or upon the person's spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person is or was actually residing, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person's minor child or any other person who has been appointed the custodian or legal guardian for the person's minor child:
(a) A battery.
(b) An assault.
(c) Compelling the other person by force or threat of force to perform an act from which the other person has the right to refrain or to refrain from an act which the other person has the right to perform.
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Although the word coercion is not used in NRS 33.018, the definition is covered in section (c).  Coercion is further defined in NRS 207.190.

1. It is unlawful for a person, with the intent to compel another to do or abstain from doing an act which the other person has a right to do or abstain from doing, to:
(a) Use violence or inflict injury upon the other person or any of the other person's family, or upon the other person's property, or threaten such violence or injury;
(b) Deprive the person of any tool, implement or clothing, or hinder the person in the use thereof; or
(c) Attempt to intimidate the person by threats or force.
2. A person who violates the provisions of subsection 1 shall be punished:
(a) Where physical force or the immediate threat of physical force is used, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
(b) Where no physical force or immediate threat of physical force is used, for a misdemeanor.
As seen, coercion with physical force is a very serious crime, and if convicted, a person could go to prison.  In the municipalities in Clark County, misdemeanor coercion is a crime regularly charged in addition to a count of battery constituting domestic violence because no physical touching is needed for the conviction.  For example, if a defendant has been charged with trying to stop someone from calling 911 by threatening them and then grabbing their arm to stop them, the defendant could be charged with both coercion and battery domestic violence.
If you have been charged with BatteryBattery Domestic Violence, or any crime related to a Domestic incident like coercion, or if a protective order (TPO or EPO) has been issued against you, please visit gerobinsonlaw.com or call 702-233-4225 for help.


1 comment:

  1. Management of domestic violence may occur through medical services, law enforcement, counseling, and other forms of prevention and intervention. Important measures include lethality assessment to determine the extent to which an abuser is likely to murder and safety planning so that the victim have tools and plans to protect themselves..
    Hunter Law Group

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