One of the most emotionally stressful types of cases to deal with is domestic violence. Domestic violence occurs when a violent crime is committed by a person who shares a “domestic” relationship with another. Nevada domestic battery laws apply to the following domestic relationship:
- family members (blood or marriage)
- spouses (current or former)
- partners in a dating relationship (former or current)
- housemates or cohabitants (former or current)
- people who have a child in common
- the minor child of any of these people,
- or a person appointed legal guardian for the minor child of any of these persons
Domestic battery is an offense categorized under a general class of domestic violence. Domestic violence occurs when any of the following offenses is committed between persons in domestic relationships:
- forcing the victim to perform an act that the victim has a right to refuse performing
- sexual assault
- harassment including:
- destruction of private property,
- carrying a concealed weapon without a permit,
- injuring or killing an animal
- false imprisonment
- unlawful entry into the victim’s residence with a foreseeable threat to the victim.
Penalties for Domestic Violence in Nevada
If a defendant is convicted of domestic violence (battery), with no other domestic violence (battery) convictions within seven years, they are charged with a misdemeanor. A misdemeanor conviction imposes a minimum sentence of 2 days up to 6 months in jail, 48-120 hours of community service, and a $200 – $1,000 fine.
A second conviction for a domestic violence (battery) within a seven-year period is also a misdemeanor. The penalty is a minimum sentence of 10 days up to 6 months in jail, 100-200 community service hours, and a $500 – $1,000 fine.
A defendant convicted of domestic violence (battery) for the first or second time within a seven-year period must also participate in domestic violence counseling. A judge may also require the defendant to pay for a child under the age of 18 to attend treatment if necessary.
A third or subsequent conviction for domestic violence battery in a seven-year period is considered a Class C felony. Class C felonies carry a sentence of 1-5 years in prison and a fine up to $15,000.
Domestic violence – Class C Felony
Strangulation 1-5 yrs in prison $15,000
Substantial bodily harm w/o a weapon 1-5 yrs in prison $10,000
Domestic violence – Class B Felony with a weapon
No substantial bodily harm 2-10 yrs in prison $10,000
Substantial bodily harm 2-15 yrs in prison $10,000
An officer is required to arrest anyone suspected of committing a domestic violence (battery) within 24 hours. If two (or more) people accuse each other committing domestic violence battery, the primary aggressor must be arrested. (Nev. Rev. Stat. § 171.137)
Ensuring you know the possible outcomes of your case is important to us. Being charged with domestic violence is a crime with serious implications. If you or someone you know has been arrested for domestic violence, contact The Pariente Law Firm at (702) 966-5310 to review your case today!