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

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:

  • assault
  • battery
  • forcing the victim to perform an act that the victim has a right to refuse performing
  • sexual assault
  • harassment including:
    • stalking,
    • arson,
    • trespass,
    • larceny,
    • 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.

(Nev. Rev. Stat. § 33.018)

Penalties for Domestic Violence in Nevada

Misdemeanor

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.

Felony

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!


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