The charge of Battery First Degree Constituting Domestic Violence is one of the most unsettling, emotionally and mentally difficult ones to be faced with. It most often leads to counseling, anger management and substance abuse classes, restraining orders and fees and most likely jail time. You can even lose your right to own a firearm.
In Nevada, it does not matter whether the alleged victim presses charges or not; once the police make their decision on on-scene evidence, probable cause and speculation and have arrested a person with domestic violence, the prosecutors will most likely go forward with the case because they tend to have a zero-tolerance policy when it comes to these types of cases. In addition, there is no bail for twelve hours which can ruin careers, custody battles and family relations.
If you have been arrested and charged with domestic battery you must call us today to ensure your rights are protected.
What is Battery in of Itself?
A battery is when someone intentionally inflicts unwanted physical force on any of the following people in his or her life with whom they live and have a close and intimate relationship with—even if no injury comes about as a result: Current or former spouse; any relative by blood or marriage; another person living in the same house; a significant other; a co-parent of a child; a person’s minor child.
The key word here is intentionally. An accident cannot be prosecuted, but that doesn’t mean the DA won’t try. This is why you need us to fight them head-on so you can get the charges dismissed and your life back on track. We have decades of experience defending against these kinds of charges with a high degree of success.
What is Meant by First Degree?
This refers to the level of the offense with First Degree being the most egregious. Generally, domestic violence with battery is labeled a misdemeanor broken up into different levels such as: First Time, Second Time, and Third Time each based on number of DV incidents within seven years, but a BDV case can be raised to a Class C Felony depending on the circumstances.
For example, when one spouse strangles the other during the altercation this is considered especially harmful due to the fact it can easily lead to death. A domestic violence battery that involves strangling of the victim can result in a prison sentence of 1 to 5 years and fines up to $15,000. If there is substantial bodily harm caused then this too is a Class C Felony with 1 to 5 years in prison and a substantial fine.
Substantial bodily harm means: Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ; or 2. Prolonged physical pain.
A broken finger is considered substantial harm. A broken fingernail not so much. This is why you must call us today if you have been charged with domestic violence that involves alleged strangulation or great bodily injury. Your life as you know it is in peril.
Reclaim your peace of mind and call us today for a free consultation.