A Guide to "Battery Domestic Violence" Laws in Nevada (NRS 200.485)

by Las Vegas Criminal Defense Lawyers

Using force or violence against anyone is a crime in Nevada. But if the alleged victim is a family member, dating partner or someone you live with, then prosecutors will probably charge you with the crime of "battery domestic violence."

Getting convicted of domestic violence is serious business. You could go to jail. You could lose your job. You could lose custody of your kids. You could get a permanent criminal record.

But our Las Vegas Nevada criminal defense lawyers are here to help. We know that innocent people get arrested for battery domestic violence all the time. We can help you fight back! Call us at (702) DEF-ENSE (702-333-3673) for help.

In the sections below, we will explain everything you need to know . . . .

(Click on a topic to go directly to that section)

1) The definition of "battery constituting domestic
    violence" in Nevada (NRS 200.485)

2) How to fight the case

3) Penalties, punishments, pleas and restraining
    orders in Nevada battery domestic
    violence cases

4) When the "victim" wants to drop the charges

5) Extradition information for out-of-state residents

6) Sealing criminal records in cases of battery
    constituting domestic violence in Nevada

7) Immigration issues

8) Brief legal history of battery domestic violence
    in Nevada

9) Battery Domestic Violence-related crimes
    in Nevada

10) Additional Resources

11) How California battery domestic violence laws
      differ from Nevada's

Also join our Shouse Law Group Facebook fan page and follow us on Twitter to get updates and stories on Nevada and California criminal law issues.

1) The definition of "battery constituting
    domestic violence" in Nevada (NRS 200.485)

When people hear "battery domestic violence" (BDV), they generally think of spouses hitting each other. That's certainly part of it. But to really understand BDV from a legal standpoint in Nevada, let's break it down into its two components: 1) battery, and 2) domestic violence.

Nevada battery law

The definition of criminal battery in Nevada is the willful and unlawful use of force or violence on another person . . . An example is purposely punching someone. Therefore, Las Vegas battery law itself has two elements: 1) unlawful force on another person, and 2) intent to use the force.²

Unlawful force or violence

Unlawful force or violence means touching someone else's body in an aggressive (or even just an unwanted) way. Some common examples of what may constitute acts of battery in Nevada are:

• any kind of hitting such as punching, slapping, crushing, or pinching



• pushing or shoving



• choking, biting or cutting



• burning or poisoning



• even minor unwanted touching, such as intentionally spilling a drink on a person



• tugging on the person's clothes

Even indirect unlawful touching can violate Nevada battery law as well, such as hitting a car with a bat while someone's inside.

Furthermore, batteries don't have to result in physical injury for someone to be convicted of it in Las Vegas. As long as someone intentionally uses unlawful physical force on someone else, that person may be charged with violating Nevada battery law.

Intent to use unlawful force or violence

People may be convicted of battery in Nevada only if they intended to use unlawful physical force on another. North Las Vegas criminal defense attorney Neil Shouse illustrates this intent requirement with an example:

George is playing pool at a Laughlin bar. George looks behind him to make sure no one's there. Then while George is making his next shot Gina quietly walks behind him and gets struck by George's cue stick.

Even though George willfully wielded the cue stick, he reasonably believed no one was behind him. Even if Gina gets hurt, George shouldn't be charged with violating battery law in Laughlin because it was an accident.

Therefore, honest accidents don't qualify as battery because there was no intent to use unlawful force. However, some accidental situations still may result in Nevada battery charges if the touching should have been reasonably foreseeable considering the circumstances. For example:

Ethan and Eli are arguing in their Boulder City home. Ethan gets so mad he grabs a vase and hurls it against the floor. When it shatters from the impact, some of the pieces slice Eli's legs.

Even though Ethan had no intention of hurting Eli, he should have foreseen that throwing a vase on the floor with him right there could easily result in Eli getting hurt. A cop watching the incident would probably arrest Ethan for committing the crime of battery in Boulder City.

So in order to be convicted of the Nevada crime of battery, prosecutors don't have to show that you specifically intended to break the law. They instead need to prove that you intended to do the behavior-using unlawful physical force-that resulted in the unwanted touching or injury.

Now that we have a better idea of what battery is, let's apply it to domestic violence in Nevada.

Battery constituting domestic violence in Nevada

In Nevada, an act of "battery" is labeled "domestic violence" when someone allegedly commits it on any of the following people in his/her life:²

• a current or former spouse



• any relative by blood or marriage



• someone living in the same home



• a significant other



• a co-parent of their child



• the suspect's minor child or any person who's been appointed custodian or legal guardian for the minor child

So if Ethan and Eli in the above example were brothers, roommates, boyfriends or other relatives, Eli could have been charged with battery domestic violence in Nevada instead of just straight battery for smashing the vase too closely to Ethan.

And as with regular battery, you can't be convicted of battery domestic violence in Nevada unless the prosecutor proves beyond a reasonable doubt that you intended to use unlawful force on the alleged victim. Honest accidents or acts of self-defense are not criminal since there's no criminal intent.

The typical Nevada battery domestic violence scenario

What often happens in battery domestic violence cases is that two people in a household start arguing and it allegedly becomes physical. Then the alleged victim or a witness dials 911, and cops from Las Vegas Metropolitan police or another law enforcement agency show up.

The cops ask questions and take statements from the accuser and witnesses and then photograph any injuries, which they include in a police report. The cops then make a judgment based on the circumstances as to which person was the initial aggressor.

Even when there are no injuries, cops tend to make an arrest at every battery domestic violence call. If the alleged aggressor has fled, Nevada police have 24 hours to arrest them without a warrant.³ (To learn how to possibly stay out of jail if you have a warrant, refer to our article on clearing Nevada arrest warrants.⁴)

If the prosecutors decide to file charges following an arrest, the typical evidence they'll use in court to try to prove guilt includes:

• testimony from the alleged victim and any eyewitnesses



• 911 call recordings



• pictures depicting the injuries



• medical evidence as to the injuries



• any admissions or confessions by the accused

If the suspect has a history of domestic abuse, Nevada prosecutors may try to introduce that into evidence as well.

Federal Crime of Interstate Domestic Violence

A person may be prosecuted for domestic violence in federal court as well, but the law is a little different: First, the defendant needs to have traveled to or from Nevada (or caused the victim to travel to or from Nevada), and the defendant and victim need to be married, dating, or sexual partners. Read more about the federal crime of interstate domestic violence.

In sum . . .

Battery domestic violence is any intentional act of battery occurring between people in intimate, family or domestic relationships. And because these situations often do involve loved ones, BDV cases can be very emotionally trying experiences for everyone involved.

Although being charged with battery domestic violence in Las Vegas (or elsewhere in Nevada) is extremely scary, remember that merely being accused does not mean you're guilty. The state's evidence is often very weak or just plain non-existent, and many of these cases can ultimately get dismissed.

2) How to fight the case

Las Vegas criminal defense attorney Michael Becker has a decade and a half's worth of experience in successfully resolving battery domestic violence cases, often achieving full acquittals. Three common defenses he uses to fight Nevada BDV charges are the following:

• self-defense



• self-inflicted injuries or false allegations



• accident

Self-defense

Nevada self-defense law permits you to use physical force on another person as long as you reasonably believe it necessary to avoid being immediately injured or killed. The only condition is that you can't use more violence than necessary to protect yourself.⁵

Numerous charges of battery domestic violence in Las Vegas are slapped on innocent people who were merely trying to prevent themselves from being hurt when their spouse or relative started the fight. North Las Vegas criminal defense attorney Neil Shouse gives an example:

Spouses John and Jane are arguing over money in their Mesquite kitchen. John gets angry and begins to strangle his wife. Jane reaches for a pot and clobbers him until he passes out. The Mesquite Police⁶ show up and book Jane at the Mesquite Jail for BDV.

In this example, John was the "initial aggressor" and Jane reasonably fended him off. So Jane's actions would be excused under Nevada self-defense law. Any medical evidence of choking marks around her neck or eyewitnesses who heard the fight would help her case as well.

Battered woman's syndrome / Battered person syndrome

Battered person's syndrome is a medical condition that causes people who've been repeatedly abused to batter their abusers out of self-defense. Although this defense may be used in Nevada battery domestic violence cases, it usually only comes into play in cases of domestic homicide.⁷

Self-inflicted injuries or false allegations

A disturbing aspect of domestic abuse crimes in Nevada is how many of them stem from vengeful relatives trying to get each other into trouble by falsely claiming that they were abused. Some even go so far as to self-inflict wounds that they then blame a relative for causing.

On the bright side, a thorough case investigation can often uncover when a self-proclaimed battery domestic violence victim in Nevada is lying and fabricating evidence. Furthermore, expert witnesses can frequently distinguish between genuine injuries and those that were self-inflicted.

Accident

You cannot be convicted of the Las Vegas crime of battery domestic violence if you didn't intend to use lawful physical force on your significant other, relative or housemate. Mesquite criminal defense lawyer Michael Becker illustrates the accident defense with a scenario:

Chris storms out of his Henderson house following an argument with his roommate Tom. After cooling off, Chris returns and opens the front door not knowing that Tom is standing on the other side. The impact of the door smashing into Tom leaves Tom with broken ribs. Tom calls the cops, and Chris is booked at the Henderson Jail⁸ for breaking Henderson battery domestic violence law.

In this example, Chris hitting Tom with the door was a pure accident because Chris did not know Tom was behind it. Even though they just had an argument, Chris opening the door was completely unrelated to it. Therefore, Chris should be acquitted because any touching was unintentional.

Similarly, the accuser in the case State of NV v. Jairo G. fell down in an accident that had nothing to do with the fight she was just having with her husband. Mike Becker persuaded the prosecutor to reduce the battery domestic violence charge to "disturbing the peace," closing the case.

Many Las Vegas battery domestic violence cases stem from accidents, sometime even tragic ones. Your lawyer's job is to collect evidence to show that any injuries that the arresting cop misconstrued as intentional really resulted from just unfortunate, unforeseeable circumstances.

In sum . . .

The most effective defenses for a particular BDV charge in Nevada depend on the facts of your situation. Your Las Vegas criminal defense attorney will present these defenses to the prosecutors to convince them that they have a losing case and that it's in everyone's best interest for the charges to be reduced or dismissed.

3) Penalties, punishments, pleas and restraining
    orders in Nevada battery domestic
    violence cases

In this section we detail how every kind of battery domestic abuse conviction may be penalized in Nevada and what plea bargains Clark County prosecutors may agree to. Finally, we discuss restraining orders and how BDV convictions affect child custody.

Penalties for battery domestic violence convictions in Nevada⁹

If you're charged with Nevada battery domestic violence (BDV) for the first or second time within a seven (7) year period, then you face just misdemeanor penalties as long as the following are true:

• no substantial bodily harm resulted,



• no deadly weapon was used, and



• no strangulation occurred.

But a third or higher offense within a seven (7) year period will automatically be charged as a category C felony, even if there was no strangulation, deadly weapon or injury involved.¹⁰

Penalties for a first Nevada BDV within 7 years; misdemeanor

• 2 days to 6 months in jail (which can usually be converted to community service),



• 48 hours to 120 hours of community service,



• a fine of $200 to $1,000 (plus a $35 administrative assessment fee), and



• domestic violence counseling for at least 1 ½ hours per week for six to twelve months at the patient's expense. (In practice, it's usually just 26 hours of class.)

Any jail time may be served intermittently if the judge approves it as long as each period of incarceration spans at least four consecutive hours.

Penalties for a second Nevada BDV within 7 years; misdemeanor

• 10 days to 6 months in jail,



• 100 hours to 200 hours of community service,



• a fine of $500 to $1,000 (plus a $35 administrative assessment fee), and



• domestic violence counseling for at least 1 ½ hours per week for twelve months at the patient's expense.

Penalties for a third or higher Nevada BDV within 7 years; category C felony

• 1 year to 5 years in Nevada state prison, and



• maybe a fine of up to $10,000 (plus a $35 administrative assessment fee).

But even a first-time incident of Nevada battery domestic violence may be charged as a category C felony if the alleged abuse involved strangulation or resulted in substantial bodily harm (like broken bones). Meanwhile, BDV with a deadly weapon may be charged as a category B felony:

Penalties for Nevada BDV with strangulation; category C felony

• 1 year to 5 years in Nevada state prison, and



• a mandatory fine of $15,000 (plus a $35 administrative assessment fee).

Penalties for Nevada BDV resulting in substantial bodily harm but with NO deadly weapon; category C felony

• 1 year to 5 years in Nevada state prison, and



• a mandatory fine of $10,000 (plus a $35 administrative assessment fee).

Penalties for Nevada BDV with a deadly weapon and NO substantial bodily harm; category B felony

• 2 year to 10 years in Nevada state prison, and



• a mandatory fine of $10,000 (plus a $35 administrative assessment fee).

Penalties for BDV with a deadly weapon AND with substantial bodily harm; category B felony

• 2 year to 15 years in Nevada state prison, and



• a mandatory fine of $10,000 (plus a $35 administrative assessment fee).

Probation and Suspended Sentences for Nevada BDV convictions

Judges are not allowed to grant probation in cases of battery constituting domestic violence in Nevada. However, judges may elect to suspend your jail sentence for misdemeanor BDV cases in Las Vegas as long as the following conditions are met:

• you've already served the mandatory minimum jail time (two days for a first BDV and ten days for a second BDV),



• you participate in a drug or alcohol abuse treatment program and/or a domestic abuse treatment program, and



• you comply with any other conditions the judge orders.¹¹

Plea bargains in Nevada child abuse cases

The typical plea bargain that the Clark County District Attorney's Office offers for a first charge of battery constituting domestic violence in Nevada include the following terms:

• $430 fine,



• 48 hours of community service,



• domestic violence counseling, and



• a 30-day suspended jail sentence that won't be imposed as long as you stay out of trouble until the counseling and community service are done and the fines are paid

If the state's evidence is weak, Clark County prosecutors may offer to reduce a battery domestic violence charge to a lesser offense in an effort to avoid trial and close the case quickly. One minor crime that a BDV charge is often pled down to in Nevada is disturbing the peace:

Nevada crime of disturbing the peace (breach the peace) | NRS 203.010

The Nevada crime of disturbing the peace makes it a misdemeanor to be willfully loud, offensive and disruptive. The penalties for breaching the peace are a fine of up to $1,000 and/or up to six months in jail.¹²

A major advantage of pleading to "disturbing the peace" in Las Vegas is that you can petition the courts to have those criminal records sealed after only two years have passed, whereas Nevada battery domestic violence convictions mandate at least a seven year waiting period if not longer.

Restraining orders in Las Vegas battery domestic violence cases

If someone accuses you of battery domestic violence in Nevada, they may also try to take out a restraining order against you mandating that you stay away from them. Clark County Family Court grant two different kinds of restraining orders:

• temporary protective orders (TPOs), which may last for up to one month, and



• extended protective orders, which may last for up to one year¹³

Although Nevada family courts may initially grant protective orders without you being there in court to contest them, it is possible to fight them afterwards and to have them thrown out. Your criminal defense attorney can schedule a hearing to argue against the orders.

While a protective order is still in effect in Nevada, however, you may be requested to surrender any firearms. And you can be charged with a misdemeanor for intentionally violating a protective order...a crime that carries up to six months in jail and/or up to a $1,000 fine.¹⁴

Learn more in our informational article on restraining orders in Las Vegas battery domestic violence cases. And here's an example of a TPO application at Clark County Family Court.

BDV convictions in relation to child custody

One vital reason to retain counsel to fight battery domestic violence charges in Las Vegas is to protect your future parental rights: If you get a BDV conviction and later get divorced, a Nevada court will presume it's not in the best interest of your children for you to have custody.¹⁵

4) When the "victim" wants to drop the charges

Many battery domestic violence charges in Nevada start from false allegations by the accuser. And in some of these cases, the accusers later admit they were lying and ask for the criminal charges to be dropped . . . but it's not always that easy to close a criminal case.

How recanting "victims" affect BDV cases

Logically, you'd think that the state would stop prosecuting cases where the accuser says that she fabricated the story. Sometimes they do . . . but prosecutors often assume that the abuse did in fact happen and that accusers recant for ulterior reasons, such as:

• they don't want the social stigma of having someone in their family in the Clark County Detention Center¹⁶ or any other jail.



• they're afraid of testifying in Clark County Court or other Nevada courts



• the person they accused of BDV is also the family breadwinner, and the accuser needs them out of jail so they can continue supporting the family



• they're scared that other people (such as family members of the person accused of BDV) will try to hurt them out of revenge

Furthermore, Las Vegas prosecutors may believe they have enough evidence to prove battery domestic violence occurred in Nevada even without the accuser's cooperation and testimony. Other evidence prosecutors may use include:

• other witnesses to the alleged abuse



• medical records of injuries from the alleged abuse



• statements made by the accuser near the time of the alleged incident (as long as the Rules of Evidence don't disqualify these statements).¹⁷

But even though prosecutors may still press battery domestic violence charges in Nevada when the accuser denies that abuse ever occurred, they still may choose not to. Prosecutors may realize they don't have enough evidence and dismiss the case, and they're sometimes more willing to plea bargain where there's no longer a "victim."

Consequences for recanting "victims" in BDV cases

When the original accuser in a Las Vegas battery domestic violence case doesn't testify at trial, the judge may issue a bench warrant. And if an accuser claims on the stand that there wasn't abuse, prosecutors may introduce other evidence to show there was:

Not showing up to court

If accusers don't show up to testify at a battery domestic violence trial in Nevada, the judge can issue a bench warrant summoning them to court. (Read our article on how to quash Las Vegas bench warrants,¹⁸ which is usually an easy process if you have counsel to appear on your behalf.)

In practice however, Clark County judges don't typically give bench warrants for no-show witnesses in battery domestic violence cases. At that point prosecutors sometimes continue without an accuser or else drop the case altogether, as in the BDV cases helmed by Mesquite criminal defense lawyer Michael Becker:

In the misdemeanor battery domestic violence case State of NV v. Timothy F., the prosecutor asked for a dismissal after the accuser didn't show up to trial. And in the felony/strangulation BDV case State of NV v. Stuart R., the charges were similarly thrown out when the accuser didn't appear.

Prior inconsistent statements

If an accuser testifies in a Clark County battery domestic violence case that she lied about having been abused, the prosecutor may then try to introduce evidence of other statements the accuser may have made that abuse did in fact occur, for example:

Jenny makes a 911 call and tells the operator that her boyfriend Josh is beating her in their Reno home. Washoe County police and neighbors show up and witness Jenny yelling at Josh to stop hitting her. Police arrest Josh for committing battery domestic violence in Reno.

If Jenny later testifies that Josh never hit her, prosecutors will then try to introduce her past statements that Josh did hit her as documented in the 911 call and police report. They can also examine witnesses who heard Jenny say Josh hit her.

Once prosecutors introduce these "prior inconsistent statements," it's in the hands of the judge or jury to determine which testimony is accurate and whether or not the abuse occurred.¹⁹ (Only felony BDV trials may have juries, not misdemeanor ones.²⁰)

In short, Nevada prosecutors can still pursue battery domestic violence charges in Las Vegas after the accuser declares that no abuse happened. But a recanting "victim" does increase the chances of BDV cases getting reduced to lesser offenses or even dismissed.

5) Extradition information for out-of-state residents

What if prosecutors file Nevada domestic violence charges against me, but I'm out of the state now?

In felony cases, Nevada law enforcement will try to extradite you back into the state. If the charge is for only misdemeanor BDV in Las Vegas, then it's less likely police will devote any resources to haul you back here . . . though it's still possible.

Fighting extradition in other states

• Once you're arrested in another state in connection with Nevada BDV charges, you may then either waive extradition and come back to Nevada or stay out-of-state and fight extradition:



• If you choose to waive extradition, know that Nevada police may take a month or more to bring you back here. If you opt to contest the extradition, you'll be given a hearing where you can argue that the extradition warrant is invalid or that you're not the correct person being sought.



• Every state has different extradition procedures: For example, Hawaii and Florida might release you on bail pending extradition, but California probably would not. So wherever you are, try to retain legal counsel prior to being arrested to maximize your chances of staying out of custody.

For more help for out-of-town visitors with Las Vegas criminal cases . . .

If your charge is for a Nevada misdemeanor offense, local counsel should be able to appear in court for you without you present. Refer to our page on help for out-of-town visitors with Las Vegas criminal cases to learn more.²¹

6) Sealing criminal records in cases of battery
    constituting domestic violence in Nevada

If you have a conviction of battery constituting domestic violence in Las Vegas, it's important to try to have the criminal record sealed as soon as possible. Nevada employers may be hesitant to hire people with BDV convictions, and they're also socially stigmatizing and embarrassing.

Exactly how long you have to wait before you may petition the Nevada court to seal your criminal records of battery domestic violence depends on whether charges were brought as a misdemeanor or felony:

• For a misdemeanor Nevada BDV conviction, you have to wait seven (7) years from the time you were released from jail or your suspended sentence ended, whichever is later.



• For a category C felony Nevada BDV conviction, you have to wait twelve (12) years from the time you were released from prison or discharged from parole, whichever is later.



• For a category B felony Nevada BDV conviction, you have to wait fifteen (15) years from the time you were released from prison or discharged from parole, whichever is later.

But if your BDV charges are ultimately dismissed and there's no conviction, then sealing Nevada criminal records should be able to be done right away in Las Vegas.²²

In 2008, a Nevada congressmen called for a "Domestic Violence Registry" like the Nevada Sex Offender Registry and Nevada Central Registry so anyone may search for the address of people convicted of BDV in Nevada.²³ But it's never happened and probably won't anytime soon.

7) Immigration Issues

If an American citizen gets convicted of misdemeanor battery domestic violence (BDV) in Las Vegas, he/she can theoretically get off with no jail time. But if a foreigner gets convicted, he/she risks being deported.

BDV is often called a "triple whammy" in immigration law because it can trigger removal from the United States on three grounds:

1. as a deportable offense,



2. as an aggravated felony²⁴ (if the BDV is charged as a felony), and



3. as a crime involving moral turpitude (if the BDV is charged as a felony).

Non-citizens who've been charged with domestic violence are encouraged to retain counsel experienced in the criminal defense of immigrants in Nevada. Their primary objective should be to try to get the charges dismissed or changed to a non-deportable offense in order to avoid removal from the U.S.

Read more at our information page on the criminal defense of immigrants in Nevada.

8) Brief legal history of battery domestic violence
    in Nevada

Although battery domestic violence is nothing new, it wasn't until the 1970s during the height of women's liberation that it garnered widespread national attention from the general public and lawmakers. The Nevada Legislature specifically addressed BDV starting in 1979:

• In 1979, the Nevada Legislature passed A.B. 479, providing for temporary restraining orders in some domestic violence situations.



• In 1981, the Nevada Legislature passed S.B. 371, creating county advisory boards on domestic violence.



• In 1983, the Nevada Legislature passed S.B. 426, outlining new rules regarding the money allotted for DV organizations.



• In 1984, the Nevada Supreme Court chief justice ordered the courts closed for a day in order for the judges to attend DV training.²⁵



• In 1985, the Nevada Legislature passed: S.B. 383, increasing the courts' jurisdiction to grant temporary restraining orders for the protection against domestic violence; A.B. 652, permitting night arrests for battery on a spouse if bodily harm occurs; and A.B. 229, allowing for warrantless arrests in DV cases.



• In 1987, the Nevada legislature passed A.B. 412, giving judges greater sentencing discretion in domestic violence cases.



• In 1989, the Nevada legislature passed: A.B. 514, increasing allocation of funds to counties for assistance of DV victims; and A.B. 69, outlining the elements a cop should consider when determining who the primary physical aggressor is in a mutual battery DV incident.



• In 1993, the Nevada legislature passed A.B. 637, permitting courts to admit evidence and expert testimony relating to domestic abuse syndrome (battered person's syndrome) under certain circumstances; and A.B. 540, creating more specific rules for the issuance of temporary restraining orders in DV cases.



• In 1995, the Nevada Legislature passed: S.B. 228, outlining more provisions relating to protective orders in domestic violence situations; A.B. 395, creating a rebuttable presumption that it is not in the best interest of the child to grant child custody to a perpetrator of DV or former spouse convicted of sexual assault; and A.B. 378, broadening the scope of parties who can be charged with DV to include dating partners and requiring the court to be available 24/7 to issue temporary restraining orders.



• In 1997, the Nevada Legislature passed eight different bills regarding domestic violence including S.B. 402, S.B. 387, S.B. 377, S.B. 155, A.B. 370, A.B. 348, A.B. 170, and A.B. 110, which collectively created or revised rules on bail, courts' authority, penalties, a missing persons repository, arrest procedures, and reimbursement of medical expenses.



• In 2005, the Nevada Legislature passed A.B. 219, creating the Nevada Council for the Prevention of DV for the purpose of preventing and eliminating domestic violence in the state.



• In 2009, the Nevada Legislature passed A.B. 164, changing BDV with strangulation from a misdemeanor to a felony.

9) Battery Domestic Violence-related crimes
    in Nevada

"Domestic abuse" in Nevada is a broad, general category of crimes of which "battery domestic violence" (BDV) is only one. Also considered domestic violence in Las Vegas are the offenses of "child abuse, neglect or endangerment" and "elder abuse."²⁶

Nevada domestic violence law incorporates the lesser-included offenses of battery and assault. If a familial relationship is uncertain in an abuse case, prosecutors may file battery or assault charges instead. Finally, serious BDV cases may even be treated as attempted murder.

Below are brief descriptions of these domestic violence-related Nevada crimes. Click on the links to read more in-depth information about each of them including their definitions, defenses, penalties, and how possibly to fight charges of them in Las Vegas.

Nevada crime of child abuse, neglect or endangerment | NRS 200.508

The Nevada crime of child abuse, neglect or endangerment makes it a gross misdemeanor or felony to harm or abandon a child under eighteen years old. The specific penalties hinge on whether the abuse was sexual, resulted in substantial harm, and if the child was under fourteen.²⁷

Nevada crime of elder abuse | NRS 200.5099

The Nevada crime of elder abuse outlaws the injuring, isolation or exploitation of people aged 60 or older. It's punished more seriously than typical BDV cases, and whether it's charged as a gross misdemeanor or felony turns on the type of abuse alleged and if bodily/mental harm occurred.²⁸

Nevada crime of battery | NRS 200.481

Prosecutors bring battery charges if the people allegedly involved in the incident aren't in a domestic relationship. The Nevada crime of battery may be a misdemeanor or a felony depending on whether substantial bodily harm occurred or if a deadly weapon was used.²⁹

Nevada crime of assault | NRS 200.471

The Nevada crime of assault is attempted battery where the victim is in apprehension of being touched or hurt. Similar to battery, assault charges are not limited to domestic conflicts, and whether it's treated as a felony or misdemeanor depends on if deadly weapons were involved.³⁰

Nevada crime of murder | NRS 200.010

"Domestic homicides" refer to alleged battery domestic violence incidents that result in death.³¹ Sometimes prosecutors will charge a BDV suspect with attempting to commit the Nevada crime of murder if the injuries are particularly bad or if they believe they can show an intent to kill.³²

10) Additional Resources

Nevada Network Against Domestic Violence (NNADV) - A statewide organization that among other things coordinates networking meetings, provides advocacy training, and educates on DV issues.

An Abuse, Rape and Domestic Violence Aid and Resource Collection (AARDVARC) - Lists contact information by county of Nevada domestic violence advocates and support organizations.

Nevada Attorney General - Provides a list of Nevada domestic violence shelters and programs.

Southern Nevada Domestic Violence Task Force (SNDVTF) - An organization dedicated to preventing domestic violence by interdepartmental information sharing and serving as a conduit to the new media.

UNLV Women's Center - Newsletter on Domestic Violence

These resources should also be able to offer recommendations for anger management counseling and relationship counseling to help prevent domestic abuse.

11) How California battery domestic violence laws
      differ from Nevada's

Both California and Nevada make it a crime to use unlawful physical force on a family member, cohabitant or dating partner. They also allow for battery DV charges to be brought as either a misdemeanor or felony depending on the suspect's criminal history and the extent of injuries.

But one way Nevada battery domestic violence crime differs from that of California is how the laws are organized. Whereas Nevada has one main criminal statute on BDV, California divides the law into two separate statutes:

1. California penal code 243(e)(1) pc, which criminalizes unlawful physical force between relatives or roommates irrespective of whether injury occurred,³³ and



2. California penal code 273.5 pc, which criminalizes inflicting corporal injury on current or former spouses, dating partners or co-parents if a "traumatic condition," such as a scratch, occurs.³⁴

The states also have different penalty schemes: The maximum sentence for battery domestic violence in California under PC 243(e)(1) is a year in jail and a $2,000 fine,³⁵ which is twice that of a first conviction for misdemeanor BDV in Nevada.

Have YOU been arrested and charged for violating NRS 200.485-"battery domestic violence"-in Nevada?

Whatever your situation is, our Las Vegas criminal defense lawyers will investigate the evidence and negotiate with prosecutors to have your Nevada BDV charges reduced or dismissed. And if you wish to take your case before a judge or jury, we can go to trial for you as well.

Phone us at (702) DEF-ENSE (702-333-3673) for a free consultation about your Las Vegas Battery DV case. Our Clark County criminal defense lawyers can also help with sealing records, Nevada DUI,³⁶ all misdemeanor and felonies, and guiding you through CCDC bail procedures.³⁷

Legal References:

¹NRS 200.481 Battery: Definitions; penalties.

1. As used in this section:

  (a) "Battery" means any willful and unlawful use of force or violence upon the person of another.
  (b) "Child" means a person less than 18 years of age.
  (c) "Officer" means:
    (1) A person who possesses some or all of the powers of a peace officer;
    (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
    (3) A member of a volunteer fire department;
    (4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility;
    (5) A justice of the Supreme Court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph; or
    (6) An employee of the State or a political subdivision of the State whose official duties require him to make home visits.
  (d) "Provider of health care" has the meaning ascribed to it in NRS.200.471.
  (e) "School employee" means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.
  (f) "Sporting event" has the meaning ascribed to it in NRS 41.630.
  (g) "Sports official" has the meaning ascribed to it in NRS 41.630.
  (h) "Strangulation" means intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.
  (i) "Taxicab" has the meaning ascribed to it in NRS 706.8816.
  (j) "Taxicab driver" means a person who operates a taxicab.
  (k) "Transit operator" means a person who operates a bus or other vehicle as part of a public mass transportation system.


2. Except as otherwise provided in NRS 200.485, a person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:

  (a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in this section or NRS 197.090, for a misdemeanor.
  (b) If the battery is not committed with a deadly weapon, and either substantial bodily harm to the victim results or the battery is committed by strangulation, for a category C felony as provided in NRS 193.130.
  (c) If:
    (1) The battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who was performing his duty or upon a sports official based on the performance of his duties at a sporting event;
    (2) The officer, provider of health care, school employee, taxicab driver, transit operator or sports official suffers substantial bodily harm or the battery is committed by strangulation; and
    (3) The person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official,
→ for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
  (d) If the battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who is performing his duty or upon a sports official based on the performance of his duties at a sporting event and the person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.
  (e) If the battery is committed with the use of a deadly weapon, and:
    (1) No substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
    (2) Substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.
  (f) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, without the use of a deadly weapon, whether or not substantial bodily harm results and whether or not the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
  (g) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, with the use of a deadly weapon, and:
    (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.
    (2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.

²NRS 33.018 Acts which constitute domestic violence.

1. Domestic violence occurs when a person commits one of the following acts against or upon his spouse, former spouse, any other person to whom he is related by blood or marriage, a person with whom he is or was actually residing, a person with whom he has had or is having a dating relationship, a person with whom he has a child in common, the minor child of any of those persons, his minor child or any person who has been appointed the custodian or legal guardian for his minor child:

  (a) A battery.
  (b) An assault.
  (c) Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.
  (d) A sexual assault.
  (e) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:
    (1) Stalking.
    (2) Arson.
    (3) Trespassing.
    (4) Larceny.
    (5) Destruction of private property.
    (6) Carrying a concealed weapon without a permit.
    (7) Injuring or killing an animal.
  (f) A false imprisonment.
  (g) Unlawful entry of the other's residence, or forcible entry against the other's will if there is a reasonably foreseeable risk of harm to the other from the entry.



2. As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

³NRS 171.137 Arrest required for suspected battery constituting domestic violence; exceptions.

1. Except as otherwise provided in subsection 2, whether or not a warrant has been issued, a peace officer shall, unless mitigating circumstances exist, arrest a person when the peace officer has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon his or her spouse, former spouse, any other person to whom he or she is related by blood or marriage, a person with whom he or she is or was actually residing, a person with whom he or she has had or is having a dating relationship, a person with whom he or she has a child in common, the minor child of any of those persons or his or her minor child.



2. If the peace officer has probable cause to believe that a battery described in subsection 1 was a mutual battery, the peace officer shall attempt to determine which person was the primary physical aggressor. If the peace officer determines that one of the persons who allegedly committed a battery was the primary physical aggressor involved in the incident, the peace officer is not required to arrest any other person believed to have committed a battery during the incident. In determining whether a person is a primary physical aggressor for the purposes of this subsection, the peace officer shall consider:

  (a) Prior domestic violence involving either person;
  (b) The relative severity of the injuries inflicted upon the persons involved;
  (c) The potential for future injury;
  (d) Whether one of the alleged batteries was committed in self-defense; and
  (e) Any other factor that may help the peace officer decide which person was the primary physical aggressor.


3. A peace officer shall not base a decision regarding whether to arrest a person pursuant to this section on the peace officer's perception of the willingness of a victim or a witness to the incident to testify or otherwise participate in related judicial proceedings.



4. As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

⁴Clearing Nevada arrest warrants tends to be harder than quashing bench warrants. Before clearing an arrest warrant, judges often require suspects be briefly booked or to post bail before being released on their own recognizance.

⁵Runion v. State, 116 Nev. 1041, 1046, 13 P.3d 52, 55 - 56 (2000) ("At common law, an individual had a right to defend himself against apparent danger to the same extent as if the danger had been real, provided he acted upon a reasonable apprehension of danger.").

⁶The Mesquite Jail, also called the Mesquite Detention Center, is located at 500 Hillside Dr., Mesquite, NV 89027, and it's reachable at (702) 346-6925.

⁷Wikipedia article on battered person syndrome

⁸The Henderson Jail, also called the Henderson Detention Center, is located at 243 Water Street, Henderson, NV 89015, and it's reachable at (702) 267-5245.

⁹NRS 200.485 Battery which constitutes domestic violence: Penalties; referring child for counseling; restriction against dismissal, probation and suspension; definitions. [Effective July 1, 2009.]

1. Unless a greater penalty is provided pursuant to subsection 2 or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:

  (a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
    (1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
    (2) Perform not less than 48 hours, but not more than 120 hours, of community service.
→ The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his place of employment or on a weekend.
  (b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
    (1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
    (2) Perform not less than 100 hours, but not more than 200 hours, of community service.
→ The person shall be further punished by a fine of not less than $500, but not more than $1,000.
  (c) For the third and any subsequent offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.


2. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed by strangulation as described in NRS 200.481, is guilty of a category C felony and shall be punished as provided in NRS 193.130 and by a fine of not more than $15,000.


3. In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:

  (a) For the first offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.
  (b) For the second offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.
→ If the person resides in this State but the nearest location at which counseling services are available is in another state, the court may allow the person to participate in counseling in the other state in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.


4. An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.


5. In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the State Controller on or before the fifth day of each month for the preceding month for credit to the Account for Programs Related to Domestic Violence established pursuant to NRS 228.460.


6. In addition to any other penalty, the court may require such a person to participate, at his expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the Health Division of the Department of Health and Human Services.


7. If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services. If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of his ability to pay.


8. If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. A court shall not grant probation to and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.


9. As used in this section:
  (a) "Agency which provides child welfare services" has the meaning ascribed to it in NRS 432B.030.
  (b) "Battery" has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
  (c) "Offense" includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.

¹⁰Procedure for proving past BDV convictions: English v. State, 116 Nev. 828, 835-836, 9 P.3d 60, 64 (2000) ("In Dressler v. State, 107 Nev. 686, 697, 819 P.2d 1288, 1295 (1991), this court held that "in order to rely on a prior misdemeanor judgment of conviction for enhancement purposes, the state had the burden of proving either that the defendant was represented by counsel or validly waived that right, and that the spirit of constitutional principles was respected in the prior misdemeanor proceedings." Documents relating to English's September 1995 conviction included the criminal complaint, a signed waiver of rights form, and two pages of handwritten notes, which appear to be the municipal court's notes of the proceedings. We consider this sufficient evidence of English's 1995 conviction, when taken as a whole and in consideration of the realities of misdemeanor prosecutions. See Pettipas v. State, 106 Nev. 377, 794 P.2d 705 (1990) (formal, written judgment of conviction not required if other documents, such as docket sheets, evidence the conviction); Isom v. State, 105 Nev. 391, 776 P.2d 543 (1989) (citation and plea are sufficient evidence of conviction; complaint, plea, and sentence are sufficient evidence of conviction).").

¹¹NRS 4.373 Suspension of sentence; conditions of suspension; reduction of sentence; arrest for violation of condition of suspension.

NRS 5.055 Suspension of sentence; conditions of suspension; reduction of sentence; arrest for violation of condition of suspension.

¹²NRS 203.010 Breach of peace. Every person who shall maliciously and willfully disturb the peace or quiet of any neighborhood or person or family by loud or unusual noises, or by tumultuous and offensive conduct, threatening, traducing, quarreling, challenging to fight, or fighting, shall be guilty of a misdemeanor.

¹³Womenslaw.org

¹⁴NRS 33.017 Definitions. As used in NRS 33.017 to 33.100, inclusive, unless the context otherwise requires:

1. "Extended order" means an extended order for protection against domestic violence.


2. "Temporary order" means a temporary order for protection against domestic violence.

¹⁵NRS 125.480 Best interests of child; preferences; presumptions when court determines parent or person seeking custody is perpetrator of domestic violence or has committed act of abduction against child or any other child.

¹⁶The Clark County Detention Center is the biggest jail in Clark County. Citizens charged with felonies in Las Vegas and who couldn't bond out are often housed there up through their trials.

¹⁷Some statements made by an accuser are not admissible as evidence unless the accuser is unavailable to testify at trial and the defendant had the opportunity to cross-examine the accuser. Wikipedia article on Crawford v. Texas 541 U.S. 36 (2004).

¹⁸How to quash Las Vegas bench warrants is a simple procedure in most cases, and usually an attorney can appear in court on your behalf without you having to be present.

¹⁹NRS 51.035 "Hearsay" defined.

NRS 51.069 Credibility of declarant.

²⁰Duncan v. State of Louisiana, 391 U.S. 145 (1968) ("Crimes carrying possible penalties up to six months do not require a jury trial if they otherwise qualify as petty offenses . . . .").

²¹Also read our article on Nevada extradition law to learn how to protect your rights under Nevada extradition law.

²²NRS 179.255 Sealing records after dismissal or acquittal: Petition; notice; hearing; order.

²³"Domestic Violence Registry Proposed," by Henry Brean, Las Vegas Review-Journal (Jul. 27, 2008).

²⁴U.S. v. Jimenez, 258 F.3d 1120, 1125 -1126 (C.A.9 (2001) ("An aggravated felony, as used in the Sentencing Guidelines, is defined as a "crime of violence ... for which the term of imprisonment is at least one year." 8 U.S.C. § 1101(a)(43)(F).").

²⁵"Herstory of Domestic Violence: A Timeline of the Battered Women's Movement," SafeNetwork: California's Domestic Violence Resource (1999).

²⁶To learn about other domestic violence crimes in Nevada like child or elder abuse, go to our site on domestic violence crimes in Nevada.

²⁷NRS 200.508 Abuse, neglect or endangerment of child: Penalties; definitions.

²⁸NRS 200.5099 Penalties [for elder abuse].

²⁹NRS 200.481 Battery: Definitions; penalties.

³⁰NRS 200.471 Assault: Definitions; penalties.

³¹Antonio Planas, DEADLY RELATIONSHIPS: Domestic homicides on rise, Las Vegas Review-Journal (December 22, 2008).

³²NRS 200.010 "Murder" defined.

³³California Penal Code 243(e)(1) pc - [Domestic] battery; punishment.

³⁴California Penal Code 273.5 PC -- Domestic violence.

³⁵California Penal Code 243 pc - [Domestic] battery; punishment.

³⁶Go to our article on Nevada DUI laws.

³⁷Go to our article on CCDC bail procedures to learn more about bail in Nevada.

Nevada Domestic Violence Laws Explained.....

Our Domestic Violence Defense Attorneys In the News.....

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