Las Vegas Domestic Violence Attorney

Types of Domestic Violence Charges

Battery With Use of a Deadly Weapon

A deadly weapon enhances a domestic battery conviction to a Category B felony with possible penalties including: a prison sentence for a minimum term of 2 years and a maximum term of 10 years, and/or a fine of not more than $10,000. Per NRS 200.481(2)(e)(1), maximum prison terms can increase to up to 15 years if the victim sustains substantial bodily harm or the battery is committed by strangulation. 

Coercion 

In many domestic battery cases in Las Vegas, a defendant may try to prevent the victim from getting help or escaping by taking away phones, keys, or blocking exit routes. The crime of coercion is defined by NRS 207.190. Prosecutors must prove that there was intent by showing:

• The use or threat of violence or injury upon the victim, victim’s family, or property;
• The defendant intended to deprive or hinder the victim from using tools or clothing; or
• The defendant attempted to intimidate the victim via threats or force. 

Coercion can be charged as a misdemeanor if there is no actual or threat of physical force. Otherwise, it is a Category B felony which carries a minimum prison term of one to six years when physical force or the immediate threat of physical force is used. 

Domestic Battery by Strangulation

Many people mistakenly believe that strangulation only occurs when the victim is strangled with something wrapped around the neck. However, as defined under NRS 200.481(1)(h), strangulation can occur when one intentionally impedes normal breathing or blood circulation to create a risk of death or substantial bodily harm. This can involve both the application of pressure on the neck or throat or neck or blocking the nose or mouth of an alleged victim.

Strangulation is a sentence enhancement that can increase the charge to a Category C felony, which carries a one-to-five-year prison sentence. 

Self-Defense, Lawful Resistance, and Consent

Self-defense is justified under NRS 200.275 when one has a reasonable belief that they are about to be attacked and responds with reasonable and necessary force. Likewise, “lawful resistance” allows for the defense of oneself during a public offense when injury is likely. 

Consent is important to a conviction, as a person can consent, both through words and action, to assault and/or battery, and charges cannot stand when injury was accidentally inflicted and/or there was no intent. 

Domestic Battery Causing Substantial Bodily Harm (SBH)

A domestic battery which results in substantial bodily harm is enhanced to a Category C felony. SBH, as defined by NRS 0.0600, occurs when the injury causes:

• A substantial risk of death
• Serious or permanent disfigurement 
• Prolonged impairment or loss of function of any limb or organ
• Prolonged pain 

Possession of a Firearm in a Domestic Violence Conviction

A person who has possession of a firearm after a domestic violence conviction is guilty of a Category B felony under NRS 202.360 regardless of whether the firearm is loaded or operable. It is also important to note that one is also guilty of a Category B felony under NRS 33.030 if they possess a firearm when bound by the terms of an extended protection order.  

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Facing domestic violence charges in Las Vegas or Clark County? Contact us today at (702) 825-7854.