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Attorney Chandon S. Alexander is a Las Vegas lawyer who is an active member of the National Trial Lawyers Association and has been recognized as one of the Top 10 Attorneys under 40. He is a member of the Clark County Bar Association, American Bar Association, and the Nevada Justice Association.

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Domestic Battery By Strangulation

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Domestic Battery By Strangulation Charges In Nevada

Under Nevada law, domestic battery by strangulation in Nevada is defined as choking or strangling a current or former dating partner, spouse, child, or relative (not including siblings or cousins). Strangulation charges are taken very seriously in Nevada, for example, even if the strangulation lasted for only a second and caused no injuries to the victim, prosecutors will still treat the offense as a category C felony.

Domestic battery in Nevada is defined as any kind of intentional and illegal use of force or violence against someone else. Battery charges are broad and can encompass many different variations of force including punching, kicking, pushing, choking, etc. It’s common in domestic violence cases for a small argument to turn physical. As a result, severe and life-altering allegations can be made against you and threaten a domestic violence charge. Prosecutors will often attempt to tack on a strangulation charge to a domestic violence case given the loose requirements needed. If you’re facing a charge for domestic battery by strangulation in Las Vegas, it’s highly recommended that you work with a skilled domestic violence defense attorney. The Spartacus Law Firm has represented countless defendants facing similar charges. Call us today for a free consultation and to begin planning your defense.

What Is Considered Strangulation In Nevada?

Under NRS 200.481(1)(h) strangulation is defined 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.” Under , incidents of domestic battery by strangulation in Nevada will now lead to felony charges. Depending on the severity of the attack and evidence brought against you, a domestic battery by strangulation offense can be charged as a Category B or a Category C felony.

In order for domestic violence to be proven one of the following relationships must be involved:

  • Spouse or domestic partner (current or separated)
  • Co-parent
  • Significant other (current or separated)
  • Minor children of any of the above people
  • Relative by blood or marriage (except for cousins or siblings)
  • A person the defendant is a guardian of

Strangulation is a very loose term in the Nevada court system. For example, in LaChance v. State, 130 Nev. Op. 29 (2012), the Nevada Supreme Court found that simply placing the hands on another person’s collarbones and applying pressure is enough to support a charge for domestic battery with strangulation.

Laws Regarding Domestic Battery by Strangulation Nevada

A few years ago, incidents involving domestic battery by strangulation in Nevada were classified as misdemeanors. Punishments were much lighter under the old law. For example, jail time was only a maximum of six months in jail, and/or a fine of up to $1,000. However, in July of 2009, a new bill went into effect in the state of Nevada to crack down on domestic violence by strangulation charges. Assembly upgraded strangulation in domestic violence situations from a misdemeanor to a felony. Not only that but depending on the circumstances of the incident, punishment for domestic battery by strangulation can either be classified as a Category B or C felony, with Category B being the more serious of the two. With the recent shift in how these charges are handled, you must be represented by an experienced Nevada criminal defense attorney.

All it takes is for an accusation of domestic violence to be made against you in Nevada and a criminal investigation will ensue. Prosecutors can press charges even without the cooperation of the victim due to the stigma of domestic violence victims being intimidated by their abusers. For example, if the accuser decides that they want to drop all charges of domestic violence, Nevada courts will reject the notion unless there is evidence to prove there was no harm done. Therefore, even if you believe the accusations against you are untrue, you must be proactive in protecting your rights, otherwise, you could face serious penalties for a crime you did not commit.

Penalties For Domestic Violence By Strangulation in Las Vegas

The penalties for domestic violence by strangulation charges are harsh, however, with the right defense, it’s possible to get these charges mitigated. Simply reducing a Category B felony to a Category C felony could be the difference of a decade in prison. The specific criminal charges and potential consequences will vary depending upon the victim, whether the suspect already has a criminal background, and whether a deadly weapon was used during the altercation. The full consequences for domestic battery by strangulation in Las Vegas include the following:

Category C Felony:

  • Possible imprisonment for 1 to 5 years
  • $15,000 fine
  • $35 administrative assessment fee

Category B Felony:

  • Possible imprisonment from 1 to 20 years
  • $10,000 fine
  • $35 administrative assessment fee

Defenses To Domestic Battery By Strangulation Charges

Domestic violence is taken very seriously in Nevada. In fact, just an accusation of domestic violence is all it takes for a criminal investigation to be activated. Prosecutors can also press charges without the cooperation of the victim if they believe an act of domestic violence took place. Essentially, if Las Vegas police believe you may have strangled a loved one or family member, you must be prepared for legal action.

If you are charged with domestic violence by strangulation in Las Vegas, hiring a domestic violence defense attorney is crucial to receive the best possible outcome in court. Your attorney may be able to successfully dispute the claims against you through several domestic violence defense strategies. Some of the more effective defenses for these charges include:

Self-Defense

Out of all criminal charges, domestic violence most often sees self-defense come into play. If your partner or a family member attacks you, you have the legal right to defend yourself to avoid reasonable harm or death.

False Accusation

In some cases, a family member or relationship partner will make a domestic violence accusation out of anger, jealousy, or a desire for revenge. Domestic violence cases are especially prone to false accusations given how close and personal the relationships are. False accusations can be difficult to prove without skilled representation from a domestic violence defense lawyer.

Accident Injury

A domestic violence conviction requires the prosecutor to prove intent. Therefore, if you can show that the injuries the victim sustained were the result of an accident, the charges may be dropped due to lack of intent.

Minimal Injuries Not From Strangulation

The act of strangulation is what makes this type of domestic violence a felony in Nevada. If it can be proven that the injuries you caused were only minor and not caused by strangulation, the charges can be reduced to a misdemeanor and avoid a felony. There are many benefits for a reduced charge, but the main one being standard penalties for a domestic violence misdemeanor are far less harsh than those of a domestic violence felony.
Las Vegas Criminal Defense ATTORNEY

Can A Strangulation Charge Be Sealed From Your Record?

Yes, but there is a designated length of time that must elapse before you can do so. A conviction for domestic battery by strangulation in Las Vegas can be sealed from the defendant’s record 10 years after the case is closed. However, if the case was dismissed, then there is no waiting period to petition for a record to be sealed. The process of getting a record sealed for domestic violence by strangulation generally takes several weeks, and it requires a comprehensive process to be completed. It is recommended that you work with a Las Vegas domestic violence lawyer who has extensive experience with these charges and can expedite record sealing.

What Are The Penalties For Non-Domestic Strangulation Charges?

Strangulation in non-domestic situations is a Category C felony under Nevada law. The potential penalties include 1 to 5 years in prison and a fine of up to $10,000. However, If the battery by strangulation is committed while wielding a deadly weapon, it is considered a Category B felony, and the consequences are greater. For a Category B felony, you will be facing 2 to 15 years in prison and a fine of up to $10,000.

Will I Lose My Ability To Own A Firearm IF I Am Convicted Of Domestic Violence By Strangulation?

Yes. Both Federal Law and Nevada Law prohibit anyone from possessing or owning a firearm if they have been convicted of a felony offense. Being a prohibited person in possession of a firearm NRS 202.360(1)(a) is a category B felony with a sentencing range of 1-6 years and a $5,000 fine. The only way of restoring your rights to own a firearm if you have been convicted of a felony offense in Nevada is to petition the Nevada Board of Pardons for a pardon.

Can I Be Deported For A Conviction For Domestic Battery By Strangulation?

Section 237 of the Immigration and Nationality Act § 237 dictates that a non-citizen who is convicted of domestic violence, child abandonment, child abuse, child neglect, or stalking, is deportable. This applies regardless of how long the individual has resided in the United States with a visa or green card.

Section 237 also dictates that a violation of a protection order is a deportable offense. A protection order involves any court-issued injunction, temporary or final, that is issued to prevent domestic violence or threats. Protection orders commonly accompany domestic violence charges even in misdemeanor cases but especially in cases involving felony domestic violence allegations.

Contact A Domestic Violence Attorney In Las Vegas

If you have been charged with domestic battery by strangulation in Las Vegas, it is critical that you consult with a skilled domestic violence attorney who can provide you with the best possible defense. The Spartacus Law Firm has extensive experience representing clients who have been accused of domestic violence charges, including strangulation. If you’ve recently been charged, contact us today for a free consultation to begin planning your defense.