How a School Threat Lawyer in Las Vegas Can Help Your Family

When your child is accused of making threats, bringing weapons, or engaging in cyberbullying at school, the stakes are high. School threat lawyers in Las Vegas play a crucial role in protecting your child’s rights, future, and freedom. Here’s how they can help:

Having an experienced school threat lawyer on your side can make the difference between a future defined by a mistake and one with a second chance.

The Role of School Threat Lawyers in Las Vegas

School threat lawyers in Las Vegas serve as advocates for students and families facing allegations of threats, weapons, or bullying at school. Their roles include:

Having a knowledgeable attorney ensures your child’s rights are protected at every stage, from school investigations to court proceedings.

What Counts as a “Terroristic Threat” in a Las Vegas School?

Legal Definition

This is the most common charge we are seeing right now. And it is terrifying for parents because the word “terroristic” sounds like something from the news.

Under Nevada Revised Statute 202.448, it is a Category B Felony to make a threat to cause bodily harm or damage to a school, with the intent to cause panic.

Definition: Under NRS 392.915, it is illegal in Nevada to threaten bodily harm or death to a pupil or school employee through any means. Such threats can be classified as a misdemeanor or a gross misdemeanor, and students making terroristic threats can face serious criminal charges under Nevada law.

Under Nevada Revised Statutes § 202.448, making a terrorist threat is a felony offense in Nevada. This offense is classified as a category B felony and carries severe penalties, including up to 20 years in prison. Even if no one is injured, merely communicating a threat with the intent to cause injury, panic, profit, or destruction qualifies as criminal activity and can result in prosecution. Prosecutors must prove beyond a reasonable doubt that the threat was issued with malicious intent in order for a person to be found guilty of this offense. Making a terrorist threat is also a deportable offense for non-U.S. citizens, as it is considered a crime involving moral turpitude. Judges may consider the specific circumstances surrounding the alleged threat, such as the emotional state or environment, when determining the sentence. If the charge is dismissed, there is no waiting period to pursue a seal of the record. Additionally, the context of a statement—such as if it was made during a therapy session—can protect it from prosecution if it falls under First Amendment protections.

Weapons on Campus: Zero Tolerance in Clark County

Bringing a weapon to school is a fast track to expulsion and arrest. Violations of firearm laws can result in severe penalties, especially if improper storage or access leads to injury or if a death resulted from such access.

6.1 Legal Definition

Nevada law generally prohibits minors from possessing firearms on school property or in other restricted areas. However, a child aged 14 or older may have a firearm in his or her possession under specific circumstances, such as hunting, sport shooting, or attending a safety course, provided they have parental permission. Nevada law also allows a child to possess a firearm if they are traveling to or from a hunting area in a motor vehicle and the firearm is not loaded, as long as they have parental permission.

There are exceptions to firearm storage violations if the firearm was accessed as a result of unlawful entry onto the property. If a violation of firearm storage laws occurs and a death resulted from improper access, the penalties may be significantly more severe.

Legal Definition

Under NRS 202.265, it is a crime to possess a firearm, knife, or other dangerous weapon on school property.

In Nevada, minors (children under 18) are generally prohibited from possessing a firearm unless accompanied by a parent or guardian, or an adult person authorized by a parent or guardian. Adults who knowingly permit a child obtained firearm possession can face criminal charges: the first offense is a gross misdemeanor, while a subsequent offense is a category C felony, punishable by a minimum term and maximum term of imprisonment in state prison. If an adult person knows there is a substantial risk that a child will use a firearm to commit a violent act and still permits it, the adult can be charged with a category C felony. A child who violates the firearm possession law may be treated as having committed a delinquent act, similar to a felony for adults, and may be prosecuted in the same manner.

Vandalism and Property Crimes: More Than Just Pranks

Tagging a bathroom stall. Breaking a window. Setting off a fire extinguisher. To a teenager, it might seem like a prank. To the law, it is Malicious Destruction of Property.

The Two Battles: Criminal Court vs. School Expulsion

When your child gets in trouble at school, you are fighting a war on two fronts.

Definition: Expulsion is the permanent removal of a student from their regular school, often resulting in placement at an alternative or behavioral school.

Important: The school process moves much faster than the court process. Your child can be expelled before they even see a judge. While we primarily focus on the criminal defense, we can advise you on how the outcome of the criminal case affects the school hearing. Often, getting the criminal charges dropped is the best way to argue against expulsion.

Transition: In addition to physical threats and property crimes, online behavior such as cyberbullying can also result in serious legal and school consequences.

Fighting Cyberbullying and Online Harassment Charges

Bullying isn’t just “kids being kids” anymore. It is a crime.

9.1 Legal Definition

Under Nevada law, cyberbullying and online harassment are defined as using electronic communication to threaten, intimidate, or harm another person. Electronic communication includes text messages, emails, and social media platforms, all of which are recognized as means through which bullying or harassment can occur. Nevada anti-bullying laws, however, do not cover off-campus conduct, so incidents that happen outside of school property may not fall under these statutes. Additionally, Nevada Revised Statutes prohibit minors from electronically disseminating images depicting bullying incidents with the intent to encourage further bullying.

Legal Definition

NRS 200.900 defines cyberbullying as using electronic communication to frighten, intimidate, or distress another person.

Under Nevada anti-bullying laws, schools are required by state laws to provide a safe and respectful learning environment free from bullying and cyberbullying. These laws prohibit bullying behavior based on actual or perceived characteristics such as race, religion, and sexual orientation, and are designed to protect the well-being of every victim. Nevada anti bullying laws also require schools to implement policies to prevent and report incidents of bullying and cyberbullying, and to notify parents when bullying incidents occur.

Why Choose The Law Offices of Michael I. Gowdey, Ltd.?

There are hundreds of lawyers in Vegas. Why us?

Transition: To help you further, here are some key takeaways and answers to common questions.