Domestic Battery with Strangulation
Domestic violence, also known as spousal abuse, family violence, dating violence or domestic abuse, is defined as an act by a person against another person in a dating, marital, blood or friendly relationship. Domestic violence can be an assault, battery, false imprisonment or unlawful entry. The most common form of domestic violence is often referred to as domestic battery.
Battery by Strangulation Lawyer in Las Vegas
Domestic battery is any kind of intentional and illegal use of force or violence against someone else. This could be anything from pushing and shoving to choking or strangulation. Often small relationship arguments can turn into a serious allegation of domestic battery.
Under NRS 200.481(h), strangulation is defined as intentionally stopping or decreasing normal breathing or blood flow of another person by putting pressure on the throat or blocking airways, which could result in death in serious injury.
Nevada Laws Regarding Domestic Battery by Strangulation
Previously under Nevada law, domestic violence situations involving battery by strangulation were classified as misdemeanors, with punishment being a maximum of six months in jail, and/or a fine of up to $1,000.
In July of 2009, a new bill went into effect. Assembly Bill 164 increased the classification of domestic battery involving strangulation to a felony. According to NRS 200.481, punishment for domestic violence through strangulation can either be classified as a Category B or C felony, with punishments including:
- Category B Felony: Prison time from and 1 to 20 years, and/or a fine equal to or less than $10,000, depending on the victim, whether the alleged offender is a parolee or probationer, and/or whether the strangulation was committed with a deadly weapon.
- Category C Felony: Prison time from 1 to 5 years and a fine equal to or less than $15,000.
What Constitutes Strangulation?
NRS 200.481(1)(a) defines battery as “any willful and unlawful use of force or violence upon the person of another.” See also NRS 33.018 (defining acts of domestic violence).
When the battery is committed by strangulation, the perpetrator is guilty of a felony rather than a misdemeanor. NRS 200.485(2).
The Nevada Legislature defined 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.” NRS 200.481(1)(h).
Law Office of Joel M. Mann | Las Vegas Battery by Strangulation Attorney
If you or someone you know has been arrested for battery domestic violence with strangulation, contact an experienced domestic violence defense attorney to discuss the particular facts of your case, and your potential defenses.
Call to find out more about the direct and indirect consequences of a domestic violence charge. Contact Joel Mann at (702) 474-6266 for a free consultation about your alleged domestic battery offense.