Under Nevada law, the crime of domestic battery by strangulation is defined as choking a current or former dating partner, spouse, child, or blood relative (not including siblings or cousins). This is a category C felony even if the strangulation lasted only a moment and caused no injuries.
Nevada’s penalties for battery domestic violence (BDV) by strangulation include:
- one to five (1 – 5) years in prison, and
- up to $10,000 in fines (at the judge’s discretion)
However, the charges could be reduced or dismissed through a plea bargain. Common domestic violence (DV) defenses include:
- The defendant was acting in self-defense.
- The alleged victim falsely accused the defendant.
- The incident was an accident.
- The defendant battered the victim but did not strangle the victim. (This defense might get the charge reduced to a misdemeanor, not dismissed)
In this article, our Las Vegas criminal defense attorneys discuss strangling as a form of battery domestic violence in Nevada (NRS 200.485):
- 1. How does Nevada law define domestic battery 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 a spouse is a felony in Nevada.
1. How does Nevada law define domestic battery by strangulation?
The Nevada crime of battery by strangulation constituting domestic violence occurs when a person chokes his/her:
- 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. A brief wringing of one’s neck counts as strangling.1
2. What are the penalties?
DV with strangulation is a category C felony. The sentence is:
- one to five (1 – 5) years in Nevada State 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. The punishment is:
- two to fifteen (2 – 15) years in prison, and
- possibly up to $10,000 in fines. (There is no fine if the defendant was on parole or probation.)2
3. What are common defense strategies?
Common defenses to DV by strangulation charges are:
- The alleged victim attacked the defendant. And the defendant reasonably defended him/herself.
- The alleged victim falsely accused the defendant.
- The incident was an accident.
- Any battery that occurred did not include strangling. This defense could cause the felony charge to be reduced to a misdemeanor.
- Law enforcement committed misconduct.
As evidence, the defendant’s domestic violence defense 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.
A potential defense to charges of DV by strangulation is that the defendant was acting in self-defense.
4. Are there immigration consequences?
DV by strangulation is a deportable offense. Therefore, non-citizens convicted of it face being thrown out of the U.S.3
Immigrants should retain an attorney once they learn of the charges. Attorneys may be able to get the charges dropped or lessened.
5. Can the record be sealed?
A conviction for DV with strangulation may be sealed ten (10) years after the case ends. If the case got dismissed, then there is no waiting period to petition for a record seal.4
The record seal process takes months. And it involves a lot of paperwork and several steps. People are advised to 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:
| “Battery by strangulation” charge | Penalties under NRS 200.481 |
| Defendant did not use a deadly weapon | Category C felony:
If the defendant was on parole or on probation, then battery is a category B felony. It carries 1 to 6 years in prison. |
| Defendant used a deadly weapon | Category B felony:
There is no fine if the defendant was on parole or on probation |
| The victim was on duty as a police officer or other “protected class” (Also see our article about battery on a peace officer) | Category B felony:
|
Call our Las Vegas criminal defense lawyers for legal advice. Our DUI and criminal law firm offers consultations.
Call a Nevada criminal defense attorney
Facing domestic violence charges? Contact our Las Vegas domestic violence lawyers. We may be able to get your charges reduced or dismissed. We serve all of Clark County (including Henderson) and the state of Nevada.
Legal References
- Nevada Revised Statute 200.485; NRS 200.481; NRS 33.018; Nevada Assembly Bill 60 (2019); LaChance v. State, 321 P.3d 919, 130 Nev. Adv. Rep. 29 (Supreme Court, 2014) (“In reviewing the evidence in the light most favorable to the prosecution, we conclude that a rational trier of fact could have found beyond a reasonable doubt that LaChance strangled Lane. The State presented evidence that LaChance placed his knee on Lane’s chest and his hands on her clavicle/lower part of her neck and then put pressure on the area, impeding her breathing to the point that her vision was impaired. Depriving Lane of oxygen to the point where she lost vision supports a finding that LaChance applied pressure to Lane’s throat or neck in a manner that created a risk of death or substantial bodily harm. Accordingly, we affirm the conviction for domestic battery by strangulation.”). Note that domestic abuse is also commonly called family-, dating-, or spousal- violence. Many domestic violence cases involve assault, battery (including pushing or shoving), stalking, and/or false imprisonment. See also Brown v. State (2020) 465 P.3d 220. Also see Ovalle v. State (2019) 454 P.3d 1261.
- NRS 200.485. Before Assembly Bill 164 (2009), DV by strangulation was a misdemeanor. It carried up to 6 months in jail and/or up to $1,000 in fines.
- INA § 237(a)(2)(E).
- Nev. Rev. Stat. 179.245; NRS 179.255.
- NRS 200.481.