Domestic battery is one of the most common charges filed in Nevada domestic violence cases because of its broad legal definition. If you were arrested and face charges of domestic battery here in Las Vegas, it is crucial to understand what this charge means and why you need an experienced criminal defense lawyer on your side.
What is Domestic Battery?
According to Nevada Revised Statute (NRS) § 200.485, “battery” is defined as any intentional and unlawful use of force or violence upon another’s person. Battery which constitutes domestic violence, commonly referred to as “battery domestic violence” or simply “domestic battery,” is the act of battery against a domestic partner.
Examples of domestic battery include:
- A person gets angry and hits their significant other during a fight
- Spouses consume too much alcohol during a Las Vegas vacation, begin a heated argument, and exchange physical blows
- A parent gets mad at their child and strikes them
- A co-parent is frustrated with their ex and throws something at their back as they turn away
- During a holiday dinner, a person yells at their brother-in-law and shoves him out the front door
What Does it Mean to be Charged with Domestic Battery?
The Nevada penal code imposes mandatory minimum sentences for domestic battery convictions. Battery domestic violence is classified as a misdemeanor. A first-time defendant can face the following penalties upon conviction of domestic violence charges:
- A minimum of two days and a maximum of six months in county or city jail
- A minimum $200 fine, which may be increased up to $1,000
- Between 48 hours and 120 hours of community service
- At least 1.5 hours per week of mandatory counseling classes for 6 to 12 months
Convictions for second offenses carry stiffer penalties with higher mandatory minimums. Defendants convicted of third-time or subsequent offenses are typically charged with felonies, which may be punishable by one to six years in state prison.
Because so much is at stake, it is important that you contact an experienced Las Vegas domestic battery lawyer who will help you fight against a domestic battery sentence.
Is Domestic Violence the Same as Battery?
Domestic violence is an umbrella term that covers a number of forceful acts against intimate partners, including battery, assault, and harassment. The key difference between domestic violence and battery is that battery does not depend on the relationship between the parties.
Talk to an Attorney Now
If you have been charged with battery domestic violence in Nevada, a conviction could leave you with severe penalties and life-long consequences. It’s important to consult an experienced criminal defense attorney as soon as possible to guard against these possibilities.
The Law Office of Joel M. Mann has helped people who are facing domestic violence charges or other criminal offenses for nearly 15 years. Our experienced criminal defense team will prepare a sophisticated and effective legal defense aimed at protecting your freedom. Contact dedicated criminal defense attorney Joel M. Mann today to receive your free confidential case review.