According to Nevada Revised Statute 200.485, battery domestic violence is the intentional infliction of unlawful physical contact against certain family members or current, or former, spouses or dating partners.
For example, if there are allegations that you pushed or slapped an ex-husband or ex-wife, you could be charged with domestic battery. Similarly, if there are allegations that you punched or strangled a spouse or child, you could be charged with domestic battery.
Potential Penalties for a Domestic Battery Conviction
In Nevada, being charged with domestic battery is quite common. It is actually one of the most frequently charged crimes, according to public data. For a first-time conviction, you are looking at a misdemeanor on your record, but you probably will not have to serve time in jail. Instead, you could be ordered to pay a fine between $200 and $1,000, complete community service, and attend counseling session to address behavioral issues.
However, if you were convicted of committing domestic battery against a female who was pregnant, the offense escalates to a gross misdemeanor.
Multiple Convictions Mean Harsher Penalties, Including a Felony on Your Record
Having multiple convictions on your record will mean harsher penalties for a domestic battery conviction. For example, if you are convicted of domestic battery and have one prior conviction on your record that occurred within seven years, you will be ordered to serve up to 20 days in jail.
If you are convicted of domestic battery and have two prior convictions on your record, you could be looking at a felony and the possibility of having to serve up to six years in Nevada State Prison.
Also, if the domestic battery involved the use of a deadly weapon (e.g., a firearm), strangulation, or substantial bodily harm to the alleged victim, the offense converts to an automatic felony.
Legal Defenses to a Domestic Battery Charge
If you have been charged with committing domestic battery, do not delay in speaking to an attorney. It is extremely important to protect your rights and have an advocate on your side.
There are numerous strategies for defending against a domestic battery charge. Here are some examples:
- You were acting in self-defense;
- The altercation was an accident and you did not intend to harm your spouse or other loved one;
- The alleged victim was being dishonest and made up the alleged abuse
- The police conducted an illegal search of your home or other procedural issue that results in the suppression of any incriminating evidence.
Charged with Domestic Battery? Contact an Experienced Criminal Defense Lawyer Today
Retaining the services of an experienced Las Vegas criminal defense attorney is extremely important if you have been arrested for an allegation of battery domestic violence. The ramifications of a conviction are serious and can haunt you for years, especially if you are charged with a felony offense. You owe it to yourself to have a skilled and effective advocate on your side.
Contact LV Criminal Defense today to schedule a free, confidential case review.