How Domestic Violence Can Be Charged as a Misdemeanor or Felony

The decision to charge you with a misdemeanor offense or felony offense carries major ramifications in terms of potential penalties you could face, if convicted.

For example, if you are a first-time offender and the incident did not involve a deadly weapon, strangulation, or serious injury, then you will likely be charged with a misdemeanor and can avoid the risk of serving significant jail time.

On the other hand, if another individual was seriously harmed, there was strangulation or deadly weapons involved, then you could potentially be convicted of a felony offense which carries a potential multi-year prison sentence.

Overview of Nevada Domestic Violence Laws

If you were involved in an incident of domestic violence in a seven-year period and it is your first offense, then you will likely be charged with a misdemeanor. If convicted, the potential punishment includes the following:

• Serving between two days and six months in jail;
• Serving between 48 and 120 hours of community service;
• Having to pay between $200 and $1,000 in fines, along with a $100 program assessment fee; and
• Attending weekly domestic violence counseling classes at the defendant’s expense for at least six months, but possibly up to one year.
• It is worth noting that, in many cases, a judge will suspend the jail sentence requirement as long as you comply with all other sentencing terms.

If you were involved in a second incident involving domestic violence within a seven-year period, it is also a misdemeanor offense, but the penalties are harsher. For example, the potential penalties include:

• Having to serve between 20 days and six months in jail;
• Having to serve between 100 and 200 hours of community service;
• Having to pay a fine of at least $500 but up to $1,000; and
• Having to attend weekly domestic violence counseling classes at the defendant’s expense.

When Domestic Violence Can Be Charged as a Felony

If you are involved in a third incident of domestic violence within a seven-year period, you will likely be charged with a category B felony, even if the third incident was considered to be relatively minor. If you are convicted of a Category B felony, the potential penalties include:

• Having to serve between one and six years in Nevada State Prison; and
• Having to pay at least $1,000, but up to $5,000 in fines.

If you have a prior conviction for a felony domestic violence or domestic violence with a deadly weapon, then a subsequent domestic violence charge will automatically be charged as a Category B felony.

The penalty, if convicted, is having to serve between two and fifteen years in prison and paying a fine of between $2,000 and $5,000.

If the Domestic Violence Involved Strangulation

If you are convicted of committing an act of domestic violence involving strangulation, it is a category C felony which could entail having to serve between one and five years in Nevada State Prison, along with paying a fine of up to $10,000.

If Domestic Violence Resulted in Serious Bodily Injury

If you are involved in a domestic violence incident where another individual suffered substantial bodily harm, then you will likely be charged with a category C felony. The potential penalties include having to serve between one and five years in Nevada State Prison, along with having to pay a mandatory fine of $10,000.

If Domestic Violence Involved a Deadly Weapon

If you were involved in an incident of domestic violence where a deadly weapon was involved, then you could be charged with a category B felony. The potential punishment includes serving between two and ten years in Nevada State Prison, along with a mandatory fine of $10,000.

If Domestic Violence Involved Both a Deadly Weapon and the Victim was Seriously Harmed

If you were involved in an incident of domestic violence where a deadly weapon was used and the victim suffers substantial bodily harm, you could be charged with a category B felony. The potential penalties include:

• Serving between one and six years in Nevada State Prison; and
• Having to pay between $1,000 and $5,000 in fines.

Charged with Domestic Violence in Nevada? Contact an Experienced Las Vegas Defense Attorney Now

If you were charged with allegedly committing an act of domestic violence, now is the time to retain the services of a skilled and experienced Las Vegas criminal defense attorney. You owe it to yourself to have the best defense possible to protect your rights and personal freedom.

Contact LV Criminal Defense today to schedule a free, confidential case evaluation.