NRS § 200.485 is the Nevada law making it a crime to commit battery domestic violence. This occurs when you intentionally hit – or use any unlawful physical force against – your current or former spouse, dating partner, or certain family members.
Battery domestic violence also goes by “domestic battery” or is abbreviated as BDV. Examples include:
- Slapping your wife,
- Spitting on your ex, or
- Grabbing your boyfriend’s cell phone out of their hand.
A first- or second BDV in a seven-year period is typically a misdemeanor in Nevada. However, BDV becomes a felony with no possibility of probation if either:
- it is your third conviction in seven years,
- you had a deadly weapon,
- you strangled the victim, or
- you caused substantial bodily harm.
BDV convictions are also “priorable,” which means the penalties increase with each successive conviction, as the following table shows.
| Battery Domestic Violence Crime | Nevada Penalties |
| 1st BDV in 7 years | Misdemeanor
|
| 2nd BDV in 7 years | Misdemeanor
|
| 3rd BDV in 7 years |
|
| BDV with aggravating factors (deadly weapons, strangulation, or serious injuries) |
|
The good news is that a 2022 law has made it easier to get battery domestic violence charges dismissed or reduced to a lesser offense. Before then, prosecutors were prohibited from lessening or dropping BDV charges unless they could show the judge there was not enough evidence to prove your guilt beyond a reasonable doubt.
Furthermore, there are many effective defenses to BDV charges, including that:
- You acted in self-defense,
- The incident was an accident, or
- You were falsely accused – sometimes accusers even self-inflict injuries to back up their fake stories.
Still, getting a favorable plea deal is always an uphill battle: Even if the “victim” admits they falsely accused you, prosecutors will assume they are lying and can continue pressing charges. In addition to fines and jail, BVD convictions carry serious consequences that could affect your life forever.
A domestic violence conviction can have a number of repercussions.
This is why you need experienced lawyers investigating your case to identify all the weaknesses in the state’s evidence.
Las Vegas Defense Group has been voted the Gold Winner (1st place) for Best Domestic Battery Lawyer in the Las Vegas Review-Journal‘s 2024 “Best of Vegas” survey. In this article, our Las Vegas criminal defense attorneys address the top 15 things you need to know about battery domestic violence in Nevada:
- 1. Elements
- 2. What do I tell the police?
- 3. Bail
- 4. Penalties
- 5. Restraining Orders
- 6. Effects on Child Custody
- 7. How to Fight the Case
- 8. What if the “victim” wants to drop charges?
- 9. Background Checks and Record Seals
- 10. Gun Rights
- 11. Immigration Consequences
- 12. Statute of Limitations
- 13. Best and Worst Outcomes
- 14. Do I really need a lawyer?
- 15. Other Types of Domestic Violence
- Resources for Victims
1. Elements
For you to be convicted of battery domestic violence in Nevada, prosecutors have to prove the following two elements of the jury instructions beyond a reasonable doubt:
- You and the victim are or were in a domestic relationship, and
- You committed battery against the alleged victim.
We discuss these elements below. Note that the law is the same whether you are prosecuted by a deputy district attorney in Justice Court or by a city attorney in Municipal Court.
1) You and the Victim Are or Were in a Domestic Relationship
In Nevada, battery domestic violence charges apply only when you and the alleged victim share a specific familial, intimate, or domestic relationship. This includes:
- Spouses (current, separated, or divorced),
- Domestic partners (current or separated),
- Co-parents of a minor child,
- Significant others (regardless of whether the relationship is exclusive),
- Minor children of the above people,
- Your minor children,
- Custodians or guardians of your minor children, or
- Relatives by blood or marriage except for cousins or siblings (unless they are in a guardianship or custodial arrangement with you): Examples include parents, step-parents, grandparents, and children.
Therefore, physical violence between friends, roommates, neighbors, or strangers may be charged as battery but not BDV.
2) You Committed Battery Against the Alleged Victim
Battery (NRS 200.481) is deliberately touching another person in a violent, aggressive, hostile, or simply unwanted way. In Nevada, battery charges typically involve allegations of:
- Hitting,
- Kicking,
- Choking,
- Cutting,
- Throwing objects at the victim, or
- Tearing objects from the victim’s grasp.
We have seen cases where people were convicted of battery even if the alleged victim did not sustain any injuries or feel any pain. All that matters is that there was unlawful or unwanted physical touching, regardless of the consequences.1
2. What do I tell the police?
If you or your accuser called 911 claiming that domestic violence occurred, use the time before they arrive to compile evidence in your favor. Examples would be:
- Taking photographs of your injuries and
- Getting the contact information of any witnesses who saw what happened.
When law enforcement arrives, they will observe you both for injuries (though they can make arrests without there being visible injuries). When police question you, be sure not to admit any guilt or make any confessions. Also, be polite and cooperative.
In Nevada, police must arrest someone if they have probable cause to believe that they committed battery domestic violence within the prior 24 hours. If police arrest you, exercise your Miranda right to remain silent since prosecutors can use anything you say against you.
Note that the jail cannot release you on bail until there has been a 12-hour cooling-off period. During that time, do not speak to any cell mates about your case – they may pass along your statements to prosecutors in attempt to get a better deal for themselves.2
3. Bail
If you are arrested for battery domestic violence in Nevada, you should be given the opportunity to post bail so you can remain out of custody during your case.
The bail amount varies by court. The following table spells out the standard bail schedule in Clark County’s Las Vegas Justice Court.
| Battery Domestic Violence Offense in Nevada | Standard Bail Amount in Las Vegas Justice Court |
| $3,000 |
| $5,000 |
| $15,000 |
| $20,000 |
However, we are often successful in persuading justices of the peace and magistrate judges to reduce bail or even grant O.R. release so that you do not pay a cent.2 Learn more about bail hearings.
NRS 200.485 prohibits battery amounting to domestic violence.
4. Penalties
First BDV
A first-time battery domestic violence conviction in a seven-year period is typically a misdemeanor in Nevada. Penalties include:
- $200 to $1,000 (the minimum fine is $300 with court costs);
- 48 to 120 hours of community service;
- Domestic violence counseling for at least 1 ½ hours per week for at least 6 months (26 weeks); and
- 2 days to 6 months in jail.
In our experience, courts will suspend the jail sentence as long as you complete the other sentencing terms. When it comes to BDV-firsts, judges care less about punishment and more about rehabilitation, hence the emphasis on counseling.
Second BDV
A second-time battery domestic violence conviction in a seven-year period is also a misdemeanor, but there is a “mandatory minimum” 20-day jail sentence. The full punishment includes:
- $500 to $1,000 (the minimum fine is $800 with court costs);
- 100 to 200 hours of community service;
- Domestic violence counseling for at least 1 ½ hours per week for at least 12 months (52 weeks); and
- 20 days to 6 months of jail time.
Third BDV
A third conviction of battery domestic violence in a seven-year period is automatically a category B felony, even if the victim sustains no injuries. The punishment is:
- 1 to 6 years in Nevada State Prison and
- $1,000 to $5,000.
The judge may not grant probation.
BDV with Strangulation
BDV involving strangulation is a category C felony as long as you did not cause serious bodily injury or use a deadly weapon. The penalty is:
- 1 to 5 years in prison and
- Up to $10,000 in fines.
The judge may not grant probation.
BDV with Serious Injuries and/or Deadly Weapons
Battery domestic violence is always a category B felony in Nevada if:
- You had a deadly weapon, or
- The victim sustained substantial bodily harm.
The following table spells out the criminal sentencing ranges.
| Battery Domestic Violence Crime in Nevada | Category B Felony Penalties* |
| BDV resulting in substantial bodily harm but with no deadly weapon |
|
| The BDV caused no substantial bodily harm, but there was a deadly weapon |
|
| BDV with a deadly weapon and substantial bodily harm |
|
| * The judge may not grant probation. | |
Note that “substantial bodily harm” is more than just minor injuries. It includes prolonged physical pain or bodily injury which:
- Creates a substantial risk of death; or
- Causes serious, permanent disfigurement; or
- Causes protracted loss or impairment of the function of any bodily member or organ.
Examples of “substantial bodily harm” include broken bones, organ damage, serious burns, black eyes, head injuries such as concussions, and anything requiring stitches.
BDV Following a Felony BDV
Once you get a felony-level BDV conviction, any future BDV cases get charged as a category B felony – even if the case is minor. The penalty is:
- 2 to 15 years in prison and
- $2,000 to $5,000.
The judge may not grant probation.
BDV with Pregnant Victims
Battery domestic violence penalties are harsher in Nevada when you know the victim was pregnant (or should have known the victim was pregnant).
A first-time BDV offense against a pregnant victim is a gross misdemeanor, carrying:
- Up to 364 days in jail and/or
- Up to $2,000.
A subsequent offense is a category B felony, carrying:
- 1 to 6 years in prison and
- $1,000 to $5,000 in fines.4
Since it is a felony, the judge may not grant probation.
5. Restraining Orders
If you are accused of battery domestic violence in Nevada, do not be surprised if a restraining order is issued against you. Typical requirements are that you avoid contact with the victim and surrender any firearms while the case is pending.
The important thing is to abide by all the conditions because violating a restraining order is a crime in and of itself, as the following table shows.
| Type of Nevada Protection Order | Penalty for Intentional Violations |
| Temporary protective order (TPO), which lasts up to 45 days | Misdemeanor: Up to 6 months in jail and/or $1,000. |
| Extended protective order, which lasts up to one year | First offense is a misdemeanor: Up to 6 months in jail and/or $1,000. Second offense is a gross misdemeanor: Up to 364 days in jail and/or $2,000. Subsequent offense is a category D felony: 1 to 4 years in prison and up to $5,000. |
If a restraining order is taken out against you, you can ask your attorney to file a motion to modify the terms so you can continue to see your children while your case is pending.5
6. Effects on Child Custody
Nevada family law judges make their child custody decisions based on what is in the “best interest of the child.” Therefore, we see lots of cases where divorcing spouses make false BDV allegations in an effort to secure primary custody. Using kids as “pawns” is all too common in family court.
Initially, Nevada law presumes that both parents get joint legal and physical custody. However, if a family law judge finds that there is “clear and convincing evidence” that you committed BDV, then the law presumes that the other parent should get primary physical custody. At that point, it can be very difficult for you to overcome this “rebuttable presumption” that you are unfit for custody.6
Fortunately, we have been very successful in exposing when accusers are making untrue accusations about our clients just to get a leg up in family court. We can often impeach their credibility through “prior inconsistent statements” such as in their past:
- Text messages,
- Emails,
- Voicemails, and
- Conversations overheard by third parties.
In addition to hiring criminal defense counsel to fight your BDV charge, you should also have a family law attorney to fight for your custody rights.
Battery domestic violence is a felony if it causes substantial bodily harm.
7. How to Fight the Case
Here at Las Vegas Defense Group, we have represented literally thousands of people charged with battery domestic violence. In our experience, the following five arguments are very effective with prosecutors, judges, and juries at getting these charges substantially reduced or dismissed.
1) You Acted in Self-Defense
Self-defense is considered an “affirmative defense” because you are not denying you committed battery. Rather, you are arguing that the battery was justified to protect yourself.
Nevada law permits you to fight back in self-defense as long as:
- You reasonably believe it is necessary to avoid imminent injury to yourself or someone else, and
- You use no more force than necessary to deflect the attack.
When the police answer a domestic violence call, however, they may not believe your story. If you have fewer injuries than your abuser, the police might automatically arrest you even if all the injuries you inflicted were in self-defense.
Police also tend to believe the person who appears more “calm,” and abusers know this. If you have just been assaulted, it is hard to remain “rational” and unemotional, especially when officers – who are supposed to protect you – are doubting your credibility.
Many false arrests stem from police mistakes and misconceptions. Fortunately, we hire the best expert witnesses available to distinguish between injuries committed in self-defense and those inflicted in wrongful aggression. Credible expert testimony can make the difference between a conviction and a full dismissal.
2) The BDV Accusations Are False
Another potential defense is that the “victim” falsely accused you just to “get back” at you. This is particularly common during child custody battles.
Some accusers even self-inflict injuries before calling 911 in an attempt to back up their allegations. Luckily, expert witnesses can distinguish between self-inflicted injuries and those that are legitimate.
Common evidence we rely on in these cases includes eyewitness accounts and video surveillance. We also go through past communications by the accuser (such as text messages and voicemails) in search of evidence of their motivations to lie.
3) The Incident Was an Accident
It can be an effective defense to argue that the incident was just a mishap. As long as you did not knowingly touch the victim in an unlawful way, BDV charges should be dropped.
Video and eyewitness accounts are valuable evidence in these cases.
4) The Police Committed Misconduct
Police misconduct could also get a BDV case dismissed. A big part of our job is investigating the police’s investigation: We search for all the times they broke protocol, thereby raising a reasonable doubt as to your guilt.
For example, if law enforcement conducted an illegal search, we can file a motion to suppress asking the judge to disregard any unlawfully-discovered evidence. If the judge agrees, the D.A. may be left with too weak a case to continue prosecuting.
5) You Suffer from “Battered Woman Syndrome”
In situations where you are a woman in an abusive relationship, it may be possible to argue that your actions were a reasonable, proactive way to prevent and protect yourself from further abuse.
This “Battered Woman Syndrome” defense is typically reserved for cases where you were abused repeatedly, and battering your assailant was your only means of escape.
Judge v. Jury Trials
Anyone charged with misdemeanor BDV or felony BDV in Nevada has the right to a jury trial or a bench trial (where the judge decides the verdict).6 In most cases, it is a better defense strategy to choose a jury trial over a bench trial.
In our experience, juries tend to be more sympathetic to defendants than judges are. Judges have “heard it all before” and may be unable to separate your case from all the others they have presided over.
Also, unlike jurors, judges are aware of any incriminating evidence that may have been suppressed during the case’s pretrial phase. Therefore, it could be difficult for judges to disregard this incriminating evidence when rendering a verdict.7
8. What if the “victim” wants to drop charges?
Our Las Vegas criminal defense lawyers handle cases all the time where our client is charged with battery domestic violence, and their accuser regrets lying to the police and wants to take back (“recant”) their allegations.
However, accusers who do not want to press BDV charges against you cannot stop the case from going forward in Nevada. This is because:
- Criminal cases are between the state and you (the defendant). Accusers have no say over whether charges move forward; and
- Prosecutors believe that accusers who recant their BDV allegations have ulterior motives. For example, perhaps the accuser needs you out of trouble to keep financially supporting them; or perhaps your family is threatening to harm the accuser unless they recant.
How Prosecutors Prove BDV without the “Victim”
When accusers do not cooperate with prosecutors, the state relies on other evidence such as eyewitness testimony and medical records of the accuser’s injuries. Prosecutors may even call recanting accusers to testify at trial in order to impeach their credibility on the witness stand.
However, in some cases, the accuser is the only real evidence prosecutors have. Plus if the accuser fails to cooperate with the state, then prosecutors may have no choice but to drop your case for lack of proof.
Criminal Consequences for Recanting “Victims”
Accusers who recant their BDV allegations may face criminal charges for making a false police report. Plus, accusers who ignore their subpoena to appear at trial risk the judge finding them in contempt and issuing a bench warrant for their arrest – though judges do not always go this far.8
Police need probable cause to make an arrest.
9. Background Checks and Record Seals
Nevada battery domestic violence cases will show up on your criminal background check unless you get them sealed.
If your BDV charge gets dropped, you can petition for a record seal right away. Otherwise, there is a wait time, as the following chart shows.
| Battery Domestic Violence Conviction | Record Seal Wait Time in Nevada |
| Misdemeanor or gross misdemeanor | 7 years after the case closes |
| Felony | 10 years after the case closes |
However, BDV charges that get reduced to simple battery can be sealed two years after the case closes. If the case gets reduced to breach of peace or disorderly conduct, the wait time is only one year.9
We recommend you pursue a record seal as soon as you are eligible. Having a clean criminal record greatly increases the chances of getting a job, a professional license, loans, and housing.
Learn how to seal battery domestic violence records.
10. Gun Rights
If you get convicted of battery domestic violence in Nevada, you will lose your right to own or possess firearms.
It does not matter if the BDV conviction was for only a misdemeanor. There are also no exceptions if you are a law enforcement officer, security guard, or member of the military; therefore, one BDV conviction can be a career-killer.
The only way to get gun rights restored in Nevada is through a pardon. Record sealing does not restore gun rights.
If you are caught with a gun in Nevada following a BDV conviction, you face charges for unlawful possession of a firearm. This is a category B felony, which carries:
- 1 to 6 years in prison and
- Up to $5,000.
Federal Law
Federal law also prohibits gun possession following domestic violence convictions. Under the “Lautenberg Amendment,” even misdemeanor convictions for simple battery or assault will trigger a gun ban as long as it involved a domestic situation.
The Attorney General takes firearm cases very seriously, and you could be investigated by such federal agencies as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Federal penalties for unlawful gun possession include fines and/or up to 15 years in prison.10
11. Immigration Consequences
A battery domestic violence conviction is a crime involving moral turpitude. This means if you are not an American citizen, you can get deported for it.11
Therefore, foreigners facing BDV charges need an attorney to fight to get the charge dismissed or reduced to a non-deportable crime. Otherwise, there may be no way to remain in the U.S.
12. Statute of Limitations
There is a time limit by which Nevada prosecutors can charge you with battery domestic violence. As the following table shows, it depends on the seriousness of the allegations.12
| Battery Domestic Violence Offense | Criminal Statute of Limitations in Nevada |
| Misdemeanor | 1 year after the offense allegedly occurred |
| Felony | 3 years after the offense allegedly occurred |
13. Best and Worst Outcomes
The best-case scenario if you are charged with battery domestic violence in Nevada is that the state will drop the charge. However, prosecutors are hesitant to dismiss any charge involving violence unless we can convince them their evidence is holey and unreliable.
The worst-case scenario if you are charged with BDV in Nevada is that you get convicted and sentenced to the maximum term of incarceration. In practice, this rarely happens – especially for misdemeanor convictions.
Middle-Ground Scenarios
Many defendants opt to plead no contest to battery domestic violence and accept the “mandatory minimum” penalties. For a first-time BDV, this typically means no jail.
Another possibility is that the charge be reduced to:
These offenses carry lesser stigmas than BDV and have no “mandatory minimum” sentences. They also are non-prioriable, so the penalties do not get worse with each successive conviction.
In certain cases, judges may grant you a stayed adjudication: This is where you enter a guilty plea, but the judge holds off on a conviction. Then if you complete certain terms, the judge may reduce or dismiss the charge.
Sometimes the judge allows you to enter a submittal on the record or do a diversion program: Here, you do not enter a guilty plea at all. Then once you complete certain terms, the court dismisses the charge.
In sum, a BDV arrest is only the beginning of a criminal case, and it is possible for criminal defense lawyers to achieve a charge reduction or dismissal. However, this takes a lot of vigorous lawyering.13
14. Do I really need a lawyer?
Yes. Going it alone or relying on public defenders all but guarantees a conviction.
There are three reasons why hiring an experienced Nevada criminal defense lawyer maximizes your odds of getting your battery domestic violence charges reduced or dismissed.
- Investigation. We thoroughly inspect each case in search of all the weak links in the state’s evidence. Meanwhile, public defenders rarely even look at their clients’ cases before the court hearing. They simply lack the time and resources to outsmart the prosecutors.
- Litigation. One tactic we use is filing multiple motions requesting the court to suppress the state’s evidence. Responding to our motions wears out the prosecutors and motivates them to settle. In contrast, public defenders have too large a caseload to consider litigation.
- Negotiation. We engage in settlement talks until we are confident we achieved the most favorable deal possible. In fact, prosecutors tend to offer better plea bargains to defendants with private representation precisely because they know it is useless to drag things out. As for public defenders, they are happy to accept first offers just to put the case to bed.
Furthermore, do not hire just any criminal defense attorney: Retain one with a long track record of fighting domestic battery charges. BDV cases have unique fact patterns and issues that only experienced lawyers know how to transform into effective defense strategies.
The stakes in a BDV case are high. You face not just criminal penalties but also possibly losing your job and professional license. By relying on our Las Vegas domestic violence attorneys, you can rest assured you are doing everything to pursue the best potential outcome in your case.
15. Other Types of Domestic Violence
Battery is only one type of domestic violence. Other crimes that can constitute domestic violence in Nevada are the following:
- Arson – Maliciously setting fire to real or personal property.
- Assault – Putting someone in apprehension of immediate bodily harm.
- Burglary – Entering a building or vehicle with the intent to commit assault, battery, larceny, or any felony inside.
- Carrying a concealed weapon without a permit – This is a felony, though simply forgetting to bring your CCW carries just a civil fine.
- Coercion – Using intimidation, deprivation, or violence to compel someone to do something that they are not obligated to do.
- Destruction of private property – Examples include vandalism and malicious mischief.
- False imprisonment – Restricting another’s freedom of movement without justification or lawful authority.
- Injuring or killing an animal – Typical cases involve beating an ex’s pet.
- Invasion of the home – Forcibly entering a dwelling without the permission of the lawful occupant or owner.
- Larceny – Intentionally stealing someone else’s property – this includes petty larceny and grand larceny.
- Pandering – Enticing or persuading an adult to engage in prostitution.
- Sexual assault (rape) – Non-consensual sexual penetration.
- Stalking – Willful conduct causing someone to feel frightened or intimidated – this includes cyber-stalking.
- Trespass – Entering someone else’s property without permission or remaining on their property after being told to leave.14
Two other offenses that commonly involve familial conflict include:
- Child abuse – Willfully causing a child under the age of 18 to suffer unjustifiable physical pain or mental suffering.
- Elder abuse – Battering, neglecting, isolating, exploiting, or abandoning people 60 years of age or older.15
Any of the above crimes are grounds for getting a restraining order in Nevada.
Resources for Victims
Anyone in immediate danger should call 911. Otherwise, domestic violence victims can find information and support through the following organizations:
- Crisis Support Services of Nevada – 24/7 guidance and referrals to shelters.
- Nevada 211 – Curated list of crisis hotlines and shelters.
- Mary’s Law for Nevada – Victim advocate resources.
- Legal Aid Center of Southern Nevada – Pro bono legal services.
- Domestic Violence Resource Center – Actionable guidance for domestic violence victims.
- DomesticShelters.org – List of domestic violence shelters throughout the state.
Legal References
- NRS 33.018. NRS 200.481. See, for example, LaChance v. State (Nev. 2014) 321 P.3d 919. NRS 200.485 – Battery which constitutes domestic violence: Penalties; referring child for counseling; right to trial by jury; restriction against probation and suspension; notice of prohibition against owning or possessing firearm; order to surrender, sell or transfer firearm; penalty for violation concerning firearm; definitions.
1. Unless a greater penalty is provided pursuant to subsections 2 to 5, inclusive, 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 punished by:
(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) Performing 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 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be punished by:
(1) Imprisonment in the city or county jail or detention facility for not less than 20 days, but not more than 6 months; and
(2) Performing 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. 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 not be less than 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
(c) For the third offense within 7 years, is guilty of a category B felony and shall be punished 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, and may be further punished by a fine of not less than $1,000, but not more than $5,000.
2. Unless a greater penalty is provided pursuant to subsection 3 or 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.
3. Unless a greater penalty is provided pursuant to NRS 200.481, a person who has been previously convicted of:
(a) A felony that constitutes domestic violence pursuant to NRS 33.018;
(b) A battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed with the use of a deadly weapon as described in NRS 200.481; or
(c) A violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in paragraph (a) or (b),
–> and who commits a battery which constitutes domestic violence pursuant to NRS 33.018 is guilty of a category B felony and shall be punished 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 shall be further punished by a fine of not less than $2,000, but not more than $5,000.
4. 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 against a victim who was pregnant at the time of the battery and the person knew or should have known that the victim was pregnant:
(a) For the first offense, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not less than 20 days and may be further punished by a fine of not less than $500, but not more than $1,000.
(b) For the second or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison of a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.
5. 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 causes substantial bodily harm, is guilty of a category B felony and shall be punished by imprisonment in the state prison of a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.
6. 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 the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
(b) For the second offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
–> 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 439.258.
7. Except as otherwise provided in this subsection, 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:
(a) When evidenced by a conviction; or
(b) If the offense is conditionally dismissed or the judgment of conviction is set aside pursuant to NRS 176A.240, 176A.260 or 176A.290 or dismissed in connection with successful completion of a diversionary program or specialty court program,
–> without regard to the sequence of the offenses and convictions. An offense which is listed in paragraph (a), (b) or (c) of subsection 3 that occurred on any date 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.
8. In addition to any other penalty, the court may require such a person to participate, at his or her expense, in a program of treatment for an alcohol or other substance use disorder that has been certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.
9. 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 the convicted person’s ability to pay.
10. If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018 that is punishable as a misdemeanor and may prohibit the person from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360, the person is entitled to a trial by jury pursuant to subsection 1 of NRS 175.011, regardless of whether the person was previously prohibited from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360.
11. A court shall not grant probation to or suspend the sentence of a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 that is punishable as a felony.
12. In every judgment of conviction or admonishment of rights issued pursuant to this section, the court shall:
(a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her custody or control any firearm pursuant to NRS 202.360; and
(b) Order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control in the manner set forth in NRS 202.361.
13. A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm is guilty of a category B felony and shall be punished 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, and may be further punished by a fine of not more than $5,000. The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is a category B felony and shall be punished 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, and may be further punished by a fine of not more than $5,000.
14. 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.
- NRS 171.1225. NRS 178.484.
- See, for example, Hobbs v. State (Nev. 2011) 251 P.3d 177. See also Assembly Bill 51 (2023).
- NRS 200.485. NRS 0.060.
- NRS 33.100.
- NRS 125C.003. Castle v. Simmons (Nev. 2004) 86 P.3d 1042.
- Battered Woman Syndrome is typically employed in homicide cases. See, for example, Boykins v. State (Nev. 2000) 995 P.2d 474. Pinney v. State (Nev.App. 2024) No. 87090-COA. Andersen v. Eighth Judicial District Court (Nev. 2019) 448 P.3d 1120.
- NRS 207.280. NRS 51.035. NRS 51.069.
- NRS 179.245. NRS 179.255.
- NRS 202.360. 18 USC 922(g)(9). 18 U.S.C. § 924(a)(8).
- 2 CFR 40.21. 8 USC § 1227. See also U.S. v. Jimenez, (C.A.9, 2001) 258 F.3d 1120.
- NRS 171.085. NRS 171.090.
- NRS 200.485. See also Assembly Bil 42 (2021).
- NRS 33.018.
- NRS 200.508. NRS 200.5099.