Domestic Violence is prosecuted in Nevada pursuant to NRS 200.485. If you have been charged with a domestic violence offense in Las Vegas, Nevada you need the best domestic violence lawyer available in the area Las Vegas Domestic Violence Attorney | Spartacus Law Firm NRS 200.485 provides the following penalties for a first, second, and third domestic violence offense:
- Unless a greater penalty is provided pursuant to subsection 2 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 sentenced to:
(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) Perform 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 4 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 sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
(2) Perform 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.
(c) For the third and any subsequent offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
A first time domestic violence charge is charged as a misdemeanor but penalties are enhanced for each subsequent offense.
What Acts Constitute Domestic Violence?
According to Nevada law and the Nevada Revised Statutes 200.485, “battery domestic violence” has two elements: 1) a battery (any force or violence); and 2) within a domestic relationship. Domestic Violence charges are also codified in NRS 33.018. Nevada domestic violence laws define what counts as a domestic relationship for the purposes of the law. The law also defines what behavior counts as violent behavior in Nevada law. A domestic relationship includes:
- Spouse
- Former Spouse
- Any relation by blood or marriage
- Any dating partner
- Parties who have children in common
- Guardian of a parent’s child
Even though a first-time domestic violence charge in Nevada is a misdemeanor, there are severe collateral consequences that follow a conviction for domestic violence.
NRS 33.018 enumerate acts which constitute domestic violence:
- Domestic violence occurs when a person commits one of the following acts against or upon the person’s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person’s minor child or any other person who has been appointed the custodian or legal guardian for the person’s minor child:
(a) A battery.
(b) An assault.
(c) Coercion pursuant to NRS 207.190.
(d) A sexual assault.
(e) A knowing, purposeful or reckless course of conduct intended to harass the other person. Such conduct may include, but is not limited to:
(1) Stalking.
(2) Arson.
(3) Trespassing.
(4) Larceny.
(5) Destruction of private property.
(6) Carrying a concealed weapon without a permit.
(7) Injuring or killing an animal.
(8) Burglary.
(9) An invasion of the home.
(f) A false imprisonment.
(g) Pandering.
- The provisions of this section do not apply to:
(a) Siblings, except those siblings who are in a custodial or guardianship relationship with each other; or
(b) Cousins, except those cousins who are in a custodial or guardianship relationship with each other.
- As used in this section, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.
Las Vegas, Nevada Expert Criminal Defense, Spartacus Law Firm
If you have been charged with a domestic violence offense in Nevada pursuant to NRS 200.485, you need the best criminal defense lawyer Las Vegas Criminal Defense Attorney | Spartacus Law Firm. A conviction for domestic violence can have far reaching consequences including the loss of your second amendment rights to carry a firearm. Attorney Chandon S. Alexander of the Spartacus Law Firm has the experience you need to fight allegations of domestic violence and win.