In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Domestic Violence » What is the penalty for a first offense of domestic battery in Nevada?
Note that a first-time offense of battery domestic violence will be prosecuted as a felony in Nevada if either:
Oddly, it is often more difficult in Nevada to get a domestic battery charge lessened or dropped than it is to get a murder charge reduced to manslaughter. The reason is that there is a specific law on the books that forbids prosecutors from agreeing to a domestic battery charge reduction or dismissal if they have sufficient evidence to support a conviction at trial. In other words, prosecutors may not plead down domestic battery charges if they believe they could get a guilty verdict.
Consequently, Nevada criminal defense attorneys have to work extra hard when representing clients faced with battery domestic violence charges. Defense attorneys need to comb through every aspect of the case in search of:
If the criminal defense attorney is successful, he/she may be able to persuade the prosecutor either to dismiss the charges or else lessen it to a more minor misdemeanor. Examples include simple battery or breach of peace.
Even though a first-time conviction of battery domestic violence is only a misdemeanor, it looks terrible on the defendant’s criminal records. Potential employers may pass over otherwise qualified job candidates for it. Potential landlords may reject otherwise qualified tenants for it. And it may cost workers their professional licenses, such as medical licenses and bar cards. Therefore, anyone facing battery domestic violence allegations is advised to hire legal counsel to try to get the charges reduced or dismissed.
Learn about sealing Nevada battery domestic violence cases.
There are several possible ways to fight battery domestic violence charges in Nevada. As always, the best strategies depend on the specific facts of the case. Typical arguments are the following:
Common evidence in these types of cases include eyewitnesses, video recordings, communications (such as text messages), and expert medical testimony.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
Domestic violence is not its own criminal offense in Colorado. Instead, it is an enhancement that increases the penalties of any other crimes where the accused and victim are – or were – in an intimate relationship. Whether a domestic violence-related crime is a felony depends on that underlying crime. Which domestic violence-related crimes are ...
Playlist: Nevada "battery domestic violence" lawsWatch this playlist on YouTube Sometimes. Know that Nevada law specifically prohibits prosecutors from reducing or dismissing a charge of battery domestic violence (BDV) unless either: The prosecutor knows that the BDV charge is not supported by probable cause or cannot be proved at trial; or It is obvious that ...
The legal definition of domestic battery is (1) any willful and unlawful touching, (2) that is harmful or offensive and (3) is committed against an intimate partner. Examples of this kind of domestic violence include: Lisa pushes her boyfriend during a fight. Marcos, feeling frustrated with his ex-wife, grabs her shirt and rips it. Candice is ...
When someone has been accused or convicted of domestic violence in Washoe County, Nevada, a judge may enter a restraining order prohibiting the accused from having contact with their accuser or other individuals, among other limits that can be placed on their conduct. If that restraining order is violated, that violation is a separate criminal ...