Domestic Violence

In Nevada, Battery Constituting Domestic Violence requires that unlawful use of force or violence (a battery) is committed against someone that you share a domestic relationship with. That includes family members, your spouse, significant other, someone with whom you share a dating relationship, or a roommate of cohabitant.

1st Offense

Is a misdemeanor punishable by:

  • up to $1,000.00 in fines;
  • No less than 2 days but no more than 6 months of jail;
  • 26 weeks of Domestic Violence Counseling;
  • 48 to 120 hours of mandatory community service.

2nd Offense

Within a period of 7 years, is a misdemeanor punishable by:

  • up to $1,000.00 in fines;
  • No less than 10 days but no more than 6 months of jail;
  • 1 year of Domestic Violence Counseling;
  • 100 to 200 hours of mandatory community service

3rd Offense

Within a period of 7 years is a Category C Felony punishable by:

  • Non-probationable sentence of 1-5 years in Nevada State Prison;
  • up to $10,000 in fines

Battery DV Strangulation

Nevada law defines strangulation as “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.
If the battery constituting domestic violence was committed by strangulation, it’s a Category C felony punishable by:

  • Non-probationalbe sentence of 1-5 years in Nevada State Prison
  • Up to $15.000 in fines

Battery DV Resulting in Substantial Bodily Harm

 

If the battery constituting domestic violence results in substantial bodily harm it punishable as a Category C felony.
Under Nevada Law, Substantial Bodily Harm is either (1) bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ or (2) prolonged physical pain.

Battery DV resulting in Susbtantial Bodily Harm is punishable by:

  • Non-probationalbe sentence of 1-5 years in Nevada State Prison
  • Up to $15.000 in fines

Deadly Weapon Enhancement

A domestic battery committed with the use of a “deadly weapon” is a felony.

Under Nevada Law a deadly weapon is any weapon, which if used in the ordinary manner contemplated by its design and construction, will or is likely to cause substantial bodily harm or death OR any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing substantial bodily harm.

A domestic battery committed with use of a deadly weapon is a category B felony punishable by:

  • A non-probationable 2-10 years in Nevada State Prison
  • Up to $10,000 in fines

If the victim suffers a substantial bodily harm as a result of the deadly weapon, the prison sentence is increased to 2-15 years in Nevada State Prison.