Domestic violence is a serious crime and one of the most common reasons for arrest in Nevada. While the domestic violence laws of the state are rather broad and cover a variety of actions, battery domestic violence (BDV) gets to the heart of the more lethal or harmful side of the crime.
If you have been charged under the BDV laws of Nevada, you probably have some questions. The best thing you can do is hire an experienced domestic violence attorney so they can protect your rights and make sure you get the best outcome possible for your case. In the meantime, this overview may help.
In This Article:
- What is the Difference Between Domestic Violence and Domestic Battery in Nevada?
- Nevada’s Battery Domestic Violence Laws
- What are the Penalties for Battery Domestic Violence in Nevada?
What is the Difference Between Domestic Violence and Domestic Battery in Nevada?
The law defines domestic violence as violence that is committed against a person who has an intimate relationship with you such as a spouse, former spouse, a person you have or are dating, a child, legal guardian, or anyone related to you by marriage or blood. The domestic violence acts include several offenses such as assault, threatening force to make someone do something that they have a right to refuse to do, forcing someone to do something they can legally refuse, harassing behavior, stalking, false imprisonment, sexual assault, unlawful entry into someone else’s residence, trespassing, destruction of property, and more.
Battery on the other hand is the unlawful and willful use of violence or force against another person. Battery domestic violence cases carry harsher penalties which include incarceration, community service, a fine, and counseling. Subsequent convictions carry increasingly harsh penalties.
Nevada’s Battery Domestic Violence Laws
Under Nevada law, battery domestic violence is the intentional infliction of unlawful physical force against a current or former person with whom they share or shared an intimate, familial, or with whom you have or had a domestic relationship. While several laws can come into play with a BDV charge, two primary ones carry the most weight the majority of the time.
NRS 33.018 – Acts which constitute domestic violence; exceptions
- Battery
- Assault
- Coercion
- Sexual assault
- False imprisonment
- Pandering
- Intentional harassment of the other person, including but not limited to
- Stalking
- Arson
- Trespassing
- Larceny
- Destruction of private property
- Carrying a concealed weapon without a permit
- Injuring or killing an animal
- Burglary
- Invasion of the home
This law more fully explains the offense of BVD and describes the penalties. This law provides two criteria that an offense must meet to be battery domestic violence:
- Both the offender and the victim must have been in a domestic relationship together, and
- The offender committed an act of battery against the alleged victim
The types of relationships that fall under the domestic violence laws include:
- Spouse (divorced, separated, or current)
- Domestic partner (separated or current)
- Significant others (exclusive or non-exclusive)
- Dating partner (former or current)
- Co-parents of a minor child
- Minor children
- Relatives by marriage or blood, not including siblings or cousins who are not in a custodial or guardianship arrangement with the accused
- Anyone the accused has been appointed guardianship over
NRS 200.481 – Battery: Definitions; penalties
Nevada law defines battery as deliberately touching another person in a way that is unwanted, aggressive, violent, or hostile. This can include:
- Slapping
- Kicking
- Punching
- Choking
- Cutting
- Grabbing the victim in any way
- Shoving
- Throwing objects at the victim
It is important to note that the victim does not have to be injured by the act. They don’t even have to feel physical pain for the act to qualify as battery domestic violence. If the physical touching is unwanted or unlawful, it is battery.
What are the Penalties for Battery Domestic Violence in Nevada?
The penalties for BDV in Nevada typically involve jail time, fines, community service, and counseling. Nevada law prohibits the courts from being able to legally grant probation for a BDV conviction. However, it is legal to suspend the jail sentence provided the accused completes the other terms of their sentence.
BDV penalties include:
- 1st Offense BDV within a 7-year period
- Misdemeanor (typically)
- Minimum 2 days to Maximum 6 months in jail
- Minimum $200 to Maximum $1,000 fine
- Court costs
- Minimum 48 to Maximum 120 hours of community service
- Domestic violence counseling for no less than 1.5 hours a week for a minimum of 6 months
- Misdemeanor (typically)
- 2nd Offense BDV within a 7-year period
- Misdemeanor (typically)
- Mandatory minimum 20 days in jail to Maximum 6 months
- Minimum $500 to Maximum $1,000 fine
- Court costs
- Minimum 100 to Maximum 200 community service
- Domestic violence counseling for no less than 1.5 hours a week for a minimum of 12 months
- Misdemeanor (typically)
- 3rd Offense BDV within a 7-year period
- Category B Felony (even if the victim has no injuries)
- Minimum 1 year to Maximum 6 years in prison
- Minimum $2,000 to Maximum $5,000 fines
- Court costs
- Category B Felony (even if the victim has no injuries)
- BDV with a deadly weapon or if the victim sustained substantial bodily harm
- Category B Felony
- Substantial bodily harm with no weapon
- Minimum 1 year to Maximum 6 years in prison
- Minimum $1,000 to Maximum $5,000 fines
- Court costs
- With a deadly weapon but no substantial bodily harm
- Minimum 2 years to Maximum 10 years in prison
- Maximum $10,000 fine
- Court costs
- With a deadly weapon and with substantial bodily harm
- Minimum 2 years to Maximum 15 years in prison
- Maximum $10,000 fine
- Court costs
- Substantial bodily harm with no weapon
- Category B Felony
- BDV involving strangulation
- Category C Felony (if the offended did not use a deadly weapon or cause serious bodily injury)
-
- Minimum 1 year to Maximum 5 years in prison
- Maximum $10,000 fine
- Court costs
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- Category C Felony (if the offended did not use a deadly weapon or cause serious bodily injury)
- 1st offense BDV against a pregnant victim
- Gross misdemeanor
- Maximum 364 days in jail
- Maximum $2,000 fines
- Court costs
- Gross misdemeanor
- Subsequent offenses of BDV against a pregnant victim
- Category B Felony (even if the victim has no injuries)
- Minimum 1 year to Maximum 6 years in prison
- Minimum $2,000 to Maximum $5,000 fines
- Category B Felony (even if the victim has no injuries)
What to do if I’ve been charged with battery domestic violence
If you have been charged with battery domestic violence in Nevada, you need legal representation now. Even if the alleged victim does not want to press charges against you, the case can still move forward because the state can choose to prosecute you anyway.
Call ATAC Law today and get the representation you deserve. Our experienced domestic violence attorneys will help ensure that you have the best possible outcome for your case and that your rights are protected. Don’t wait, call today.
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