Battery Constituting Domestic Violence

Nevada Charge of Domestic Battery – (NRS 200.485)

Battery committed on a family member (a crime known in Nevada as Battery Constituting Domestic Violence or Domestic Violence Battery) commonly appears on TV and in the media, which can lead to misconceptions about what domestic violence is, what the punishments are, and what rights the parties have in Nevada cases.

A Las Vegas domestic violence lawyer understands the law and your defenses to a domestic violence battery. We can represent you if you have been accused of a crime and will work diligently to reduce the charges or even have them dismissed if possible.

Nevada Legal Definition of Domestic Violence

Domestic violence can occur in these types of relationships in Nevada:

• Between spouses and ex-spouses,
• People who are related to one another by blood or marriage,
• People who live together or lived together in the past,
• People who have a child together,
• Guardians of a child,
• People who are dating or dated in the past, or
• Similar family and intimate relationships.

If one person in this relationship commits battery on the other person, Nevada considers the act the crime of Domestic Violence Battery.

What is Battery?

Battery is an intentional use of unlawful physical force against another person. It is any unwanted touching. For example, behavior such as:

• Hitting,
• Pushing,
• Biting, and
• Other kinds of physical force that are not legal, even if there is no physical injury,

Even throwing a drink on someone or pulling on their clothes can constitute battery if the action is violent or unwanted. The Nevada courts look at any touching, “however slight,” as battery.

Strangulation is a special type of Domestic violence battery with increased penalties.

What is the sentence for a first time offense of domestic violence battery charge in Nevada?

Domestic violence battery is a misdemeanor for a first time offense in Nevada if no weapon was used in the incident or there were no serious or lasting physical injuries. The sentence will likely be:

• 2 days to 6 months in jail (can be served intermittently, such as on the weekends only);
• 48 to 120 hours community service;
• $200-$1000 fines; $100 program assessment fee; and/or
• 6-12 months of weekly counseling of 1.5 hours each at the defendant’s expense.

If a weapon is used, the charge for a first time domestic violence battery is a Category B felony.

What is the sentence for a second offense of domestic violence battery charge in Nevada?

A second domestic violence battery offense will also be a misdemeanor assuming no serious or lasting physical injuries to the victim and no use of a deadly weapon. The sentence can include:

• 10 days to 6 months in jail;
• 100-200 hours of community service;
• $500 to $1,000 in fines;
• An administrative fee of $35; and/or
• 2 months of weekly counseling sessions of 1.5 hours each at the defendant’s expense.

Sentences for Multiple Domestic Violence Charges in Nevada

Usually the first two domestic violence convictions in Nevada are on misdemeanor charges as long as they were committed without the use of a deadly weapon and did not cause serious injuries.The third offense in seven years, however small, will be charged as a Category C felony. It can result in 1 to 5 years in prison and up to $10,000 in fines.