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Domestic Battery by Strangulation

Nevada Domestic Battery with Strangulation Laws

domestic battery with strangulationDomestic Battery with Strangulation is one type of domestic violence in Nevada. All domestic violence charges are serious, but strangulation allegations can increase the charges and enhance the penalties. The crime of Domestic Battery with  Strangulation is a felony.

Domestic violence with Strangulation charges will likely impact your right to custody of children in the future, the ability to own a gun, or to get employed, so it is important that you contact a Las Vegas criminal defense attorney right away.

What is the Nevada Legal Definition of Strangling?

Strangling does not have to result in death to support a domestic violence battery with strangulation charge in a Nevada court. Instead, intentionally blocking the normal

  • Breathing, or
  • Blood flow

of another person by applying pressure to their:

  • throat,
  • neck,
  • nose or mouth

is enough. It must create the risk of death or substantial bodily harm.

The Nevada Supreme Court has found that placing the hands on another person’s collarbones and applying pressure is enough to support a charge for domestic battery with strangulation. LaChance v. State, 130 Nev. Op. 29 (2012). This view by the Nevada Supreme Court will be used in a domestic violence battery with strangulation trial; the prosecutor will have to show that the hands were placed on the victim’s collarbones or neck with the intention of blocking normal breathing or blood flow.

 

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How is Domestic Battery with Strangulation punished in Nevada?

A domestic violence battery that involves strangling of the victim can result in a prison sentence of 2 to 15 years and fines up to $15,000. Domestic violence with strangulation is a Category C felony.

As you can see, this punishment is much higher than that for a domestic violence without strangulation.

Why is this type of domestic violence punished so harshly in Nevada?

The most common and obvious type of domestic violence involves a physical injury to the victim from a physical altercation. The less obvious types of domestic violence, like emotional, financial, and sexual abuse, are perceived to be worse because the injuries can be inflicted without the outside world knowing about the injuries.

Domestic violence battery with strangulation is receiving increased attention from Nevada because it combines elements of physical injury with the ability to hide this type of violence against a victim. Strangulation can be deadly but not show any outward injuries. Combined with a lack of training and little awareness of this in the law enforcement and medical communities, it can go unnoticed. This makes the state extra concerned with harsh punishments to deter people from engaging in this type of domestic violence.

More Information

Contact Las Vegas domestic battery defense lawyer LV Criminal Defense if you have been charged with domestic violence of any kind, including domestic violence battery with strangulation. It is important to start protecting your rights as soon as possible.

If you are a victim of domestic violence, the state of Nevada and the city of Las Vegas has many agencies and organizations available to help you.

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