In the state of Nevada, any physical confrontation taking place between members of a family, people who live or have lived under the same roof, or individuals either currently or formerly involved in a dating relationship, may constitute domestic violence (NRS 200.485). The definition does not include friends or co-workers who do no cohabitate.
The Penalties for Domestic Violence in Nevada
The state of Nevada treats Battery Domestic Violence as an enhanceable crime for which the penalties will increase with each subsequent conviction. A first offense within seven years is a simple misdemeanor, and punishment can include:
- A mandatory jail sentence of two days, with a maximum discretionary sentence of up to six months.
- From 48 to 120 hours of community service.
- A fine of $200 to $1,000, in addition to court fees and assessments.
- Six to 12 months of counseling at the offender’s expense.
For those convicted of Battery Domestic Violence involving the abuse of drugs or alcohol, the judge may additionally order an assessment followed by treatment or counseling. Other potential consequences of misdemeanor Battery Domestic Violence include deportation of non-U.S. citizens and permanent loss of gun rights.
Second Domestic Violence Offense Within Seven Years
While Nevada still considers a second Battery Domestic Violence offense in a span of seven years of the first conviction to be a misdemeanor, state law increases the range of punishment. Those convicted face a mandatory jail sentence of 10 days with a maximum discretionary sentence of up to six months, and a minimum fine of $500.
In addition, the community service proviso escalates to between 100 and 200 hours, and anyone convicted of this offense for the second time within seven years will undergo 12 months of battery domestic violence counseling.
Third Battery Domestic Violence Offense Within Seven Years
A third offense within a seven-year period of the first two convictions will be charged as a felony. The punishment for this serious crime includes a prison term of from one to five years. If convicted, the law does not permit probation nor suspension of this sentence, and a maximum fine of $10,000 may be assessed.
Your Battery Domestic Violence Defense
The state of Nevada does not take domestic violence lightly, and anyone convicted of such charges stands to lose more than freedom. Many people also forfeit their employment or lose custody of their children.
It is incumbent upon anyone facing such charges to obtain the best possible legal defense, as early as possible.
A successful defense may include one or more of these issues:
- Your actions took place as a means of self-defense against a perceived physical threat.
- You acted out of necessity to ensure the protection of another.
- You did not commit battery upon the other person.
- The police either failed to read you your rights, interfered with your access to counsel, or forced you to submit to an illegal search and seizure.
Don’t Try to Defend Yourself Alone
When accused of Battery Domestic Violence, you stand against law enforcement, prosecutors, and even judges that may assume your guilt before you’ve had a chance to tell your side of the story. To make matters worse, the police report may contain errors, and a court may decide to proceed with the charges against you even when the alleged victim requests that they be dropped.
That’s why expert legal defense is vital, and you can trust Almase Law to go the extra mile for you. Police reports are thoroughly checked, witnesses are re-interviewed, and all investigatory techniques at our disposal are used to build a defense for you.
While charges of Battery Domestic Violence in Nevada are never minor, a strong defense can get them lessened, dismissed, or result in a not guilty verdict.
If you’re facing charges of Battery Domestic Violence, contact Almase Law today at 702-463-5590. Your future could depend on it.