In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Criminal Law A to Z
In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Crimes by NRS Section
Every crime in Nevada is based in a section of the Nevada Revised Statutes (NRS). For each crime, our attorneys explain the laws, penalties and best defenses to fight the charge.
Nevada DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Post-Conviction
Even if you’ve already been convicted of a crime, there is still much you can do to seal your record and restore your rights. Our attorneys explain how.
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A first-time offense of battery domestic violence in Nevada under NRS 200.485 is typically prosecuted as a misdemeanor as long as the victim is not pregnant. The sentence carries:
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, 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.