Battery Domestic Violence Penalties in Las Vegas, Nevada

Domestic violence is a serious problem in our society today. While there are legitimate victims, there are also people who use DV charges to get revenge. Battery domestic violence is a serious form of DV and a crime that Nevada does not take lightly.

What is Battery Domestic Violence (BDV)?

Battery domestic violence, BDV, is an offense under Nevada law NRS 200.485  Battery which constitutes domestic violence: Penalties; referring child for counseling; restriction against dismissal, probation, and suspension; notice of prohibition against owning or possessing firearm; order to surrender, sell or transfer firearm; penalty for violation concerning firearm; definitions. To be charged with BDV, the defendant must meet two criteria:

1. The defendant and the victim were in an intimate, familial, or domestic relationship
   • Spouse (current, divorced, or separated)
   • Domestic partners (current or separated)
   • Significant others (even if the relationship is not exclusive)
   • Co-parents of a minor child
   • The defendant’s minor children
   • Minor children with a spouse, domestic partner, or significant other
   • Relatives by marriage or blood, excluding siblings or cousins (exception: they are in a custodial or guardianship arrangement with you)
   • The defendant is the guardian of the victim
2. The defendant committed battery against the victim
   • Hitting
   • Shoving
   • Kicking
   • Cutting
   • Choking
   • Throwing things at the victim

Even if the victim is not injured or doesn’t even experience any pain, a person can still be convicted of battery. The only qualification for battery is that there was unwanted or unlawful physical touching. The consequences of that touching do not matter.

BDV does not apply to physical violence that occurs between neighbors, friends, strangers, or acquaintances. That falls under NRS 200.481.

What are the Penalties for Battery Domestic Violence in Nevada?

The penalties for BDV are based on several factors including the amount of time between incidents, if the victim is pregnant, and if a deadly weapon was used, among others.

First-time BDV within seven years

• Misdemeanor (unless there are aggravating factors)
  • Minimum $200 to Maximum $1,000 fine
  • Court costs
  • Minimum 48 hours to Maximum 120 hours community service
  • Domestic violence counseling for a minimum of 1.5 hours a week for a minimum of 6 months
  • Minimum 2 days to Maximum 6 months in jail (Probation not available for BDV)

Second-time BDV within seven years

• Misdemeanor (unless there are aggravating factors)
  • Minimum $500 to Maximum $1,000 fine
  • Court costs
  • Minimum 100 hours to Maximum 200 hours community service
  • Domestic violence counseling for a minimum of 1.5 hours a week for a minimum of 12 months
  • Minimum 20 days to Maximum 6 months in jail (Probation not available for BDV)

Third-time BDV within seven years

• Category B Felony
  • Minimum $1,000 to Maximum $5,000 fine
  • Court costs
  • Minimum 1 year to Maximum 6 years in Nevada State Prison (Probation not available for BDV)

Any future BDV charge after a felony BDV conviction, even if the charge is minor

• Category B Felony
  • Minimum $2,000 to Maximum $5,000 fine
  • Court costs
  • Minimum 2 years to Maximum 15 years in Nevada State Prison (Probation not available for BDV)

BDV with aggravating factors

• Category B Felony
  • Substantial bodily harm but no deadly weapon
    • Minimum $1,000 to Maximum $5,000 fine
    • Court costs
    • Minimum 1 year to Maximum 6 years in Nevada State Prison (Probation not available for BDV)
  • With a deadly weapon but no substantial bodily harm
    • Maximum $10,000 fine
    • Court costs
    • Minimum 2 years to Maximum 10 years in Nevada State Prison (Probation not available for BDV)
  • Substantial bodily harm with a deadly weapon
    • Maximum $10,000 fine
    • Court costs
    • Minimum 2 years to Maximum 15 years in Nevada State Prison (Probation not available for BDV)
  • The victim was pregnant or the defendant should have known the victim was pregnant
    • First-time BDV
      • Gross Misdemeanor
        • Maximum $2,000 fine
        • Court Costs
        • Maximum 364 days in jail
    • Subsequent offenses
      • Category B Felony
        • Minimum $1,000 to Maximum $5,000 fine
        • Court costs
        • Minimum 1 year to Maximum 6 years in Nevada State Prison (Probation not available for BDV)
• Category C Felony
  • Strangulation with no bodily injury and no deadly weapon
    • Maximum $10,000 fine
    • Court costs
    • Minimum 1 year to Maximum 5 years in Nevada State Prison (Probation not available for BDV)

Depending on the specific circumstances of the case, the victim may also take out a restraining order against the defendant. A BDV may also affect the defendant’s child custody or visitation as well.

What Happens if the “Victim” Does Not Want to Press Charges?

Even if the victim does not want to press charges against the defendant or changes their mind, the case can still move forward. It is not uncommon for a victim of BDV to recant due to threats made to them by the defendant, they lied about the BDV, or other ulterior motives. In those cases, the prosecutors will continue to prosecute even if the victim does not want it.

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