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Under Nevada law, domestic violence can involve several different criminal acts, including assault. These offenses may involve spouses or former spouses, relatives by blood or marriage, people who share a child, current or former dating partners, and certain children or legal guardians.
A dating relationship also has a specific meaning under Nevada law. It involves regular, intimate contact generally characterized by an expectation of affection or sexual involvement. A casual friendship or ordinary social relationship is not enough. The law also contains exceptions for siblings and cousins unless a custodial or guardianship relationship exists.
Under NRS 200.471, assault involves either an unlawful attempt to use physical force against someone or intentionally causing another person to reasonably fear immediate physical injury.
An assault can happen without physical contact or an injury. For example, attempting to strike someone but missing may qualify as assault. So may a threatening action that intentionally creates a reasonable fear of immediate bodily harm. However, not every argument, angry statement, or disagreement meets Nevada’s legal definition.
Domestic violence can be committed through an assault when there is a relationship between the defendant (accused) and the victim (alleged), as defined in NRS 33.018. To prove domestic violence, the prosecutor will need to demonstrate that the assault took place and that the relationship was present.
The differences between an assault charge and a domestic battery charge are substantial. An assault charge does not require that there be any type of physical contact. However, a battery charge will always involve some form of unlawful physical contact. If physical contact occurred at the time of the incident, then prosecutors can decide to bring charges of domestic battery.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
If you are accused of assault constituting domestic violence in Las Vegas, a defense attorney can review the alleged conduct, the relationship involved, and the evidence supporting the charge.
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Under NRS 200.471, an assault that does not involve a deadly weapon or another statutory aggravating circumstance is ordinarily a misdemeanor.
A conviction can result in:
An important distinction is that a prior criminal record does not automatically convert assault against a domestic partner into a felony.
Nevada does provide enhanced penalties when certain assaults are committed against protected individuals, such as law enforcement officers or specified public employees, under circumstances described in NRS 200.471. An assault against one of those individuals by a probationer or parolee can be classified as a Category D felony. That enhancement does not automatically apply to an assault against a spouse or dating partner.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
The penalties can become substantially more serious when a deadly weapon is involved.
If the assault is committed with the use of a deadly weapon or the present ability to use one, it is generally a Category B felony, punishable by:
The presence of a weapon somewhere nearby does not automatically prove felony assault. The circumstances must support the statutory requirement involving its use or the present ability to use it.
LV Criminal Defense can examine the allegations and explain which penalties may apply to the specific charge.
A domestic violence investigation often begins when someone contacts the police during or after an argument or confrontation.
Officers can interview those involved in the incident; interview witnesses; review photos and/or videos; and determine if there is sufficient evidence (probable cause) to indicate a crime was committed. Per NRS 171.1227, officers who investigate possible domestic violence must write a report, regardless of whether an arrest is made.
An arrest is not always required when someone reports being assaulted in a domestic violence situation.
NRS 171.137, Nevada’s mandatory arrest law for suspected domestic battery, requires officers to determine who was the primary physical aggressor based on specific criteria if there are two people involved in a battery. Similarly, the 12-hour limit on bail/release (NRS 178.484) applies to arrests made for domestic battery and should not be considered an automatic detention requirement for all allegations of domestic assault.
Nevertheless, police may arrest someone accused of assault when the applicable legal requirements are satisfied.
A criminal investigation may also lead to a request for a temporary or extended protective order. Such orders involve separate proceedings and may restrict communication or contact even before the criminal charge is resolved.
Once prosecutors file charges, the defendant must respond through the criminal court process.
For a misdemeanor assault case, the initial proceedings generally include an arraignment, at which the defendant is informed of the accusation and may enter a plea of guilty, not guilty, or no contest.
The consequences of entering a plea should be understood before making that decision.
When the charge is a felony, such as assault involving a deadly weapon, the process may also involve a preliminary hearing before the case proceeds to district court, unless that hearing is waived or the prosecution proceeds through another authorized procedure.
The case may proceed to pre-trial conference, disclosure of evidence, negotiation, motion(s) to address disputed legal issues.
A negotiated resolution may be offered by the prosecutor based upon the evidence, the seriousness of the charge, the defendant’s criminal history, and any other relevant factors. However, any such agreement is subject to applicable legal requirements and the court’s approval.
Nevada has some very strict laws regarding how much time you serve in prison and other types of punishments for domestic violence. However, these laws should not be used to punish someone who was charged with an assault simply because the two people were in a relationship.
A defense lawyer will look at the evidence against the client to see if it supports the original charge; he/she may also consider if a plea bargain is in the best interest of the client, or if going to trial is the best way to protect the client’s rights.
If the case proceeds to trial, the prosecution must prove every element of the charged offense beyond a reasonable doubt.
Several defenses may be available depending on what actually happened.
Self-defense can be a factor if the defendant had reasonable belief that use of force was required to defend against an illegal threat. The context and the degree of force used should be evaluated.
Disagreements among witnesses as to what occurred can lead to false or exaggerated claims. Statements made in the heat of an emotional confrontation may need to be compared to messages, recordings, and other witness accounts.
If the charge is based upon intentionally placing another person in reasonable apprehension of immediate bodily harm, lack of criminal intent may be significant. A mistake or a misinterpretation do not automatically meet the requirements.
Another potential issue is whether the alleged conduct legally amounted to assault at all. An angry statement about something that might happen in the distant future, for example, is not necessarily the same as an immediate threat under NRS 200.471.
The alleged relationship may also be disputed. To characterize the incident as domestic violence under NRS 33.018, the facts must support one of the relationships covered by the statute.
Your attorney may examine police reports, witness testimony, text messages, security footage, and other evidence to identify weaknesses in the prosecution’s allegations.
A conviction can affect more than the immediate jail sentence or fine.
Criminal records may influence employment, professional licensing, and other opportunities. However, Nevada law provides procedures through which certain convictions may eventually be sealed.
Under NRS 179.245, an eligible misdemeanor assault conviction may fall under the general one-year waiting period. The statute sets a seven-year waiting period for misdemeanor domestic battery. The applicable waiting period depends on the offense of conviction.
Record sealing isn’t automatic and is based upon both the conviction itself and the relevant law.
Criminal convictions and/or protective orders may also impact an individual’s right to possess firearms. The determination of whether a specific misdemeanor assault conviction will result in a firearm prohibition is dependent upon the applicable state or federal requirements; the domestic relationship alone doesn’t create every prohibition.
Allegations or convictions can also have ramifications in child custody cases. When children are involved, family courts assess evidence regarding domestic violence to determine what is best for the child.
Because these consequences depend on the facts and the precise offense, they deserve consideration before accepting any proposed resolution.
An accusation of assault constituting domestic violence should be taken seriously, even when no physical contact or injury occurred.
Nicholas Wooldridge, a Las Vegas criminal defense attorney, represents individuals accused of serious misdemeanor and felony offenses throughout Clark County. His role is to investigate the allegations, challenge unsupported evidence, protect the defendant’s rights, and pursue an appropriate defense strategy.
If you are under investigation or already facing charges for assault constituting domestic violence, contact LV Criminal Defense to discuss your circumstances and available defense options.
