Domestic Violence by Strangulation in Nevada

The penalties include:

• one to five (1 – 5) years in Nevada State Prison, and
• up to $10,000 in fines (at the judge’s discretion)

However, the charges could possibly be reduced or dismissed through a plea bargain. Common defenses include:

1. The defendant was acting in accordance with Nevada self-defense laws;
2. The alleged victim falsely accused the defendant (and possibly self-inflicted his or her wounds);
3. The incident was an accident, and the defendant was not intentionally strangling the victim; and/or
4. The defendant battered the victim but did not strangle the victim (this defense might get the charge reduced to a Nevada misdemeanor, but it would not get the charge dismissed)

A conviction for DV by strangling remains on the defendant’s criminal record for at least ten (10) years before he or she can pursue a record seal. And since BDV by strangling is a deportable offense, non-citizens who get convicted of it risk being thrown out of the U.S.A.

In this article, our Las Vegas criminal defense attorneys discuss strangling as a form of battery domestic violence in Nevada (NRS 200.485). Scroll down or click on a topic below to learn more:

• 1. What is Nevada’s definition of domestic violence (BDV) by strangulation?
• 2. What are the penalties?
• 3. What are common defense strategies?
• 4. Are there immigration consequences?
• 5. Can the record be sealed?
• 6. What are the penalties for strangulation in non-domestic situations?

Strangling is a felony in Nevada, even if it leaves no bruises.

1. What is Nevada’s definition of domestic violence (BDV) by strangulation?

The Nevada crime of domestic violence by strangulation occurs when a person (“defendant”) chokes the person’s:

• spouse or domestic partner (current or separated);
• co-parent;
• significant other (current or separated);
• minor children of any of the above people;
• relative by blood or marriage (with the exception of cousins or siblings unless they are in a guardianship or custodial arrangement with the defendant); or
• a person the defendant is a guardian of

Nevada’s legal definition of strangulation is “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 in a manner that creates a risk of death or substantial bodily harm.”

The choking does not need to last for more than a second to qualify as strangling. Just a brief wringing of one’s neck counts as strangling even if the victim suffers no injuries.¹

2. What are the penalties?

DV with strangulation is a category C felony, carrying:

• one to five (1 – 5) years in prison, and
• up to $10,000 in fines (at the judge’s discretion)

If the defendant also used a deadly weapon, BDV with strangulation is a category B felony in Nevada. The punishment carries:

Strangling is legal if it is done in lawful self-defense in Nevada.

• two to fifteen (2 – 15) years in prison, and
• up to $10,000 in fines (at the judge’s discretion)

However, it may be possible to persuade the prosecutor to reduce or dismiss the charges.²

3. What are common defense strategies?

The best defense strategies turn on each case’s unique circumstances. Some common defenses to charges of DV by strangling are:

1. The alleged victim attacked the defendant, and the defendant reasonably defended him/herself by strangling the alleged victim.
2. The alleged victim falsely accused the defendant, perhaps out of jealousy, anger, or revenge.
3. The incident was an accident, and the defendant’s actions were not intentional. An example would be if the defendant accidentally tripped on the victim, or the defendant was sleeping and acting out a nightmare.
4. Any battery that occurred was minor and did not include strangling. If successful, this defense could cause the felony charge to be reduced to a misdemeanor.

As evidence, the defendant’s attorney may hire a medical expert knowledgeable about the marks that strangling leaves on the skin. Such an expert may be able to distinguish between genuine strangling bruises and those that are self-imposed by lying “victims.”

In any case, the prosecution has the burden to prove guilt beyond a reasonable doubt. In cases with no physical evidence and just “he said/she said” testimony, it may be difficult for the state to meet this burden of proof.

4. Are there immigration consequences?

DV by strangulation is a deportable offense. Therefore, non-citizens who are convicted of it face being thrown out of the country.³

That is why it is important for immigrants to retain experienced attorneys as soon as they learn of the charges. The attorneys may be able to fight the case and to get the charges dropped or at lessened to a non-deportable offense. .

5. Can the record be sealed?

A conviction for DV with strangulation may be sealed from the defendant’s record no sooner than ten (10) years after the case ends. Note that if the case got dismissed, then there is no waiting period to petition for a record seal.⁴

The process of getting a record seal takes several weeks from beginning to end, and it involves a lot of paperwork and several steps. It is recommended that people retain experienced counsel to handle the process for them.

6. What are the penalties for strangulation in non-domestic situations?

The sentence for committing battery (NRS 200.481) by strangulation is largely the same whether or not the victim is in a domestic relationship with the defendant:

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