Domestic Violence Charges in Las Vegas

DOMESTIC VIOLENCE IN LAS VEGAS

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)

Michael Pariente is a Las Vegas Criminal Defense Attorney his website is https://parientelaw.com

Blog originally posted at https://parientelaw.com/blog/2016/06/01/domestic-violence-las-vegas/