Domestic violence charges are treated seriously in Nevada. But when you already have prior domestic violence convictions, the potential penalties upon conviction increase dramatically.
Prosecutors do not view repeat allegations as isolated incidents, and they do everything they can to convince the court that they are evidence of a pattern that Nevada law is structured to punish harshly.
How Nevada Counts Prior Domestic Violence Convictions
Under Nevada law, domestic violence offenses are tracked using a seven-year lookback period. This rule means prior convictions within the last seven years can be used to enhance a new charge.
Importantly, prior offenses do not have to be identical. Many different crimes can qualify as domestic violence if they involve a qualifying relationship, including battery, assault, coercion, stalking, or threats.
Prosecutors will examine a person’s criminal history after an arrest. If prior domestic violence convictions exist, they often adjust the charge level before the case even reaches court.
First and Second Domestic Violence Offenses
A first domestic violence offense is usually charged as a misdemeanor, assuming there was no deadly weapon and no substantial bodily harm. Penalties can include jail time, fines, counseling, and a criminal record.
A second offense within seven years is still technically a misdemeanor, but the penalties can increase notably. Judges will be less willing to be lenient, and jail time becomes far more likely.
Penalties for a second domestic violence offense may include:
- Mandatory jail time
- Increased fines
- Extended domestic violence counseling
- Stricter probation conditions
- Longer protective orders
A Third Domestic Violence Offense is an Automatic Felony
In most cases, a third domestic violence offense in Nevada is charged as a Category B felony, regardless of whether the alleged incident caused serious injury. This is one of the most critical thresholds in Nevada domestic violence law. Once a case reaches this level, the prosecution’s posture changes. Negotiations become more difficult, bail may be higher, and the risk of prison time becomes very real.
A felony domestic violence conviction can result in:
- 1 to 6 years in Nevada State Prison
- Fines, possibly up to $10,000
- Mandatory counseling or treatment
- Permanent felony record
- Lifetime firearm restrictions under state and federal law
Other Aggravating Factors That Can Enhance Penalties
Certain factors can push penalties for a domestic violence conviction even higher, such as:
- Domestic violence in front of a child
- Strangulation allegations
- Substantial bodily harm
- Use of a deadly weapon
- Violations of protective orders
Each of these can independently elevate a charge or add new criminal counts. When combined with prior convictions, prosecutors often pursue the harshest penalties available.
Protective Orders After Multiple Domestic Violence Convictions
When prior domestic violence convictions exist, courts are far less forgiving about protective order violations. Even accidental or indirect contact can result in new criminal charges.
Protective orders may:
- Bar contact with the alleged victim
- Remove you from your home
- Restrict contact with children
- Affect custody or visitation
Violating these orders while a repeat domestic violence case is pending can turn a bad situation into a catastrophic one for your future, finances, and freedom.
Repeat Domestic Violence Cases Move Fast
Domestic violence cases involving prior convictions are often fast-tracked by prosecutors. Police reports are scrutinized closely, bail arguments are aggressive, and the state may push for early resolutions that heavily favor the prosecution.
Statements made early, especially to police or criminal investigators, can be used to justify felony charges or harsher sentencing. Once those statements exist, they are difficult to undo. This is why repeated domestic violence allegations should only be met with immediate, strategic legal action from a trusted criminal defense lawyer.
Charged with Domestic Violence in Las Vegas? Call Immediately.
If you are facing a domestic violence charge and have prior convictions, your case is already on shaky ground. The difference between a misdemeanor and a felony and between probation and prison may come down to how the case is handled in its earliest stages.
Come to Goodman Law Group for all the legal help you need in such a difficult situation. Attorney Ross C. Goodman is a Las Vegas local and trial-focused criminal defense attorney who is always ready for a tough case.
As one of only two board-certified criminal defense lawyers in the state, he has defended clients in high-stakes domestic violence cases involving prior convictions and understands how prosecutors prepare defenses for repeat-offense cases.
In other words, you can trust him with your case, no matter what your prior criminal record includes.
Get your defense moving. Dial (702) 825-7854 and schedule your initial case review now.