Groups » What You Need to Know about Nevada Battery Domestic Violence

According to the Violence Policy Center, Nevada is one of the worst states for domestic violence. The state has been witness to so many such unfortunate cases involving rich and poor, famous and commoners alike. Remember the series of domestic violence arrests of the celebrated boxer Floyd Mayweather Jr that occurred between 2002 and 2011! Vegas Metro Police estimate that they receive around 60,000 calls every year related to domestic violence.

However, many people mistakenly think that young women are usually the victims of domestic abuse, mostly by their husbands or male partners. But this is far from the reality. An abused person can be anyone – a wealthy neighbor afraid of social repercussions and therefore hiding the truth or a shy, quiet husband being abused by his wife repeatedly. Domestic violence also has nothing to do with the gender of the victim and accused. Even a woman can be abused by her female partner or a man by his male partner. Neither the age nor relationship between the two people can determine the risk of domestic violence; there are so many examples where a 60-year old mother has been abused mentally or physically or both by her impatient son.

Besides, it is not just physical assault; domestic abuse also includes emotional and verbal abuse and the number of such incidents that include physical violence is stunning.

Battery Domestic Violence – A Rising Threat

Battery domestic violence and abusing relationships is a shadow crime, making it extremely difficult to track the exact numbers as many victims never speak publicly or make any official complaints of such heinous crimes. And in places like Las Vegas, Nevada it is even more difficult to track such issues especially when the place lacks no catalysts, from clashing work schedules and a tough economy to booze, gambling, drugs, and sex.

Besides, not all domestic violence incidents end with an arrest. This is especially applicable for cases related to mental or emotional abuse. The charges are legally pursued only if there’s evidence of physical cruelty, despite that domestic violence in Nevada usually provides the heaviest caseloads, with the number often rising to 10 to 20 new cases per day. And the fear of reprisals is so high that victims are often unwilling to cooperate, making it even more difficult to prosecute. Even witnesses like relatives, friend or neighbors hesitate to report a suspected domestic violence case as they are not always sure that the hunch is correct, while others may prefer not to interfere with the personal affairs of the couple.

Battery Domestic Violence in Nevada

Battery domestic violence is defined as a deliberate and unlawful act of force/violence upon either:

• Your spouse/former spouse


• A person related to you by blood or marriage


• Someone in which you are having or have had a romantic/dating relationship


• Someone in which you are or were sharing a room/residing with


• Someone in which you have a child in common


• Your/your (ex or present) partner’s minor child

Committing domestic violence willfully or deliberately requires more than accidental or incidental force or touching. Also note, if the act of force/violence happens in self-defense of yourself, someone else, or on your property, it is considered a lawful act. You also need to understand that an act of force/violence also includes minor force like pushing, spitting, or grabbing ones arm.

Punishments of Battery Domestic Violence, If Found Guilty

In Nevada, a first domestic violence offense is considered an enhanceable misdemeanor within a timespan of 7 years. This means that the state has a mandatory statutory set of punishments if you are convicted of a domestic violence offense for the first time. However, for a second misdemeanor conviction within the given timespan of 7 years, punishments are increased statutorily; in fact, they are essentially doubled in Nevada. In the case of a third-time conviction within the given time-period, it is considered a felony and the punishment includes a mandatory prison term.

The punishments for battery domestic violence in Nevada include:

Misdemeanor – 1st offense within 7 years

• $200 to $1000 fine


• 2 days to 6 months of jail time


• 48 hours to 120 hours of community service


• 26/52 weekly battery domestic violence counseling classes of an hour and a half each at your own expense


• Discretionary program for Alcohol/drug treatment


• Therapeutic counselling (discretionary) for child/minor victims at your expense

Misdemeanor – 2nd offense within 7 years

• $500 to $1000 fine


• 10 days to 6 months of jail time


• 100 hours to 200 hours community service


• 52 weekly battery domestic violence counseling classes of an hour and a half each at your own expense


• Discretionary program for Alcohol/drug treatment


• Therapeutic counselling (discretionary) for child/minor victims at your expense
  

Category C Felony – 3rd offense within 7 years

• A non-probationable offense where you are likely to be sentenced to 1 to 5 years of mandatory jail time


• Fine (discretionary) not above $10,000

Limited Dismissal Rights

According to Nevada law, a battery domestic violence charge cannot be reduced or dismissed by the prosecutor in exchange for a nolo contendere, a plea of guilty or guilty but mentally ill or for any other reason that is not backed by sufficient evidence. In other words, if convicted, you are allowed to plea bargain only if your attorney can prove to the court that there is not enough evidence beyond a reasonable doubt to convince a jury of your guilt for the original charge. This means that you must never plead guilty when convicted of a battery domestic violence charge in an attempt to get out of jail.

A battery domestic violence conviction is a very serious charge and you cannot carry a firearm (even if it is licensed) if you get such a conviction. Once convicted, you lose your Second Amendment right to keep and bear arms. If you still carry a firearm after being convicted for such a crime, you are likely to be prosecuted for a felony.

Conclusion

Considering all the complexities of battery domestic law in Nevada, it is essential to hire a knowledgeable and aggressive criminal defense attorney to represent you in the court of law. Also, stay away from any attempt to negotiating a battery domestic violence charge brought against you through your lawyer or otherwise prior to the day of your trial as it will be considered as evidence against you.