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Can I Get Arrested for Protesting in Nevada?

Can I Get Arrested for Protesting in Nevada?

The death of George Floyd by Minneapolis police officers has caused national outrage and reignited the conversation about the injustices of the U.S. criminal justice system and other institutions against African Americans. Loud calls for change and reform have mainly come in the form of ongoing protests throughout the country. 

However, police departments' response to many demonstrations has been standing their ground in riot gear, firing tear gas at protesters, and aggressively detaining and arresting them. Although the right to protest is at the core of the First Amendment, can you get arrested for it? 

In Nevada, protesters could be arrested for “unlawful assembly,” which occurs when at least two people gather in one place to commit a crime but then disassemble without having committed the intended offense. For example, if a group of protesters had the intention of looting a retail store but leave without doing so since the police are in the area. In other words, you can get arrested even if you did not commit the intended crime. 

Unlawful assembly is a misdemeanor, punishable by a jail sentence of up to six months and a fine not exceeding $1,000. Additionally, in order to seal a criminal record, the defendant must wait at least one year before doing so. 

But if a criminal defense attorney can get the entire case dismissed or obtain an acquittal at trial, the defendant can file a petition for record sealing immediately. Common legal defenses include no assembly taking place because only one person showed up, no intent to commit a crime, or lack of evidence establishing intent. 

If you have been arrested for unlawful assembly or any other criminal charges related to the recent protests, The Draskovich Law Group can protect your rights and freedom. Contact us today at (702) 381-6590 to schedule a free consultation to learn how we can help. 


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