Second Domestic Violence Offense

Second Domestic Violence Charges In Las Vegas

If you’re facing a second domestic violence offense NRS 200.485 in Nevada within seven years of the close of your previous case, you will be charged with a Battery Domestic Violence 2nd, which is charged as a misdemeanor in Nevada. It’s important to understand that a previous domestic violence conviction does not have to be from Las Vegas for it to count. Regardless of what state you received your previous conviction in, Nevada can and will use that prior conviction to upgrade the charge to a second domestic violence offense. That’s why it’s so critical to work with a skilled and aggressive domestic violence defense attorney when fighting these charges. Without experienced representation, you could face severe penalties that affect your life for years to come. The Spartacus Law Firm has specialized in domestic violence defense for years and has the resources you need to attain a favorable outcome in your case. Call our office today for a free consultation and to learn more about how we can help.


Domestic Relationships Defined

For a domestic violence charge to be valid, there are certain requirements that must be true. A second domestic violence offense in Las Vegas applies only when the accused and alleged victim share a familial, intimate, or domestic relationship. Examples of these domestic relationships include the following:

• Spouses
• Domestic partners
• Co-parents of a minor child
• Significant others
• Minor children of the above or of the defendant
• Relatives by blood or marriage with the exception of cousins or siblings
• The accused is the guardian of the alleged victim

Although physical violence between friends, acquaintances, neighbors, or strangers can be considered battery according to NRS 200.481, it will not be seen as domestic violence due to there being no domestic relationship evident. However, this line can often be blurred and misconstrued in certain instances. It’s critical to have a skilled domestic violence lawyer in your corner to help you obtain the best possible outcome in your case.

Penalties For Second Domestic Violence Offense In Nevada

In the State of Nevada, the legislature has enacted laws that mandate certain sentences if you are convicted of a second domestic violence offense in Las Vegas. Essentially, this means that the prosecutor must hand down certain minimum sentences if you are convicted, regardless of what the judge may want to do. It’s also important to understand that for each subsequent domestic violence conviction within a certain time period, the mandatory minimum penalties are enhanceable and become much harsher. Below is a summary of the penalties for first domestic violence, second, domestic violence, and third domestic violence offenses in Nevada:

First Domestic Violence Offense: Misdemeanor

• At least 2 days, up to 6 months in County or City Jail
• Fines of $200.00 up to $1,000
• At least 48 hours and up to 120 hours of community service
• Mandatory counseling classes of 1.5 hours per week for 26 weeks

Second Domestic Violence Offense: Misdemeanor

• At least 10 days, up to 6 months in County or City Jail
• Fines of $500.00 up to $1,000
• At least 100 hours and up to 200 hours of community service
• Mandatory counseling classes of 1.5 hours per week for 52 weeks

Third Domestic Violence Offense: Misdemeanor

• At least 1 year, up to 5 years in Nevada State Prison
• Mandatory Prison (not eligible for probation)

Battery Domestic Violence By Strangulation: Felony

• 1 to 5 years in Nevada State Prison, and
• Up to $10,000 in fines at the judge’s discretion

If the victim was pregnant and the defendant is aware that they are pregnant or should have reason to know that the alleged victim is pregnant then the first time domestic violence offense is charged as a gross misdemeanor NRS 193.140. A gross misdemeanor can be punished by up to 364 days in prison and/or a $2000 fine.

Defenses To Second Domestic Violence Offense In Las Vegas

Although second domestic violence offenses in Nevada are serious yet common criminal charges, they are often hard for prosecutors to prove, and witness testimony is critical. A domestic violence case often comes down to the credibility of the victim with little other evidence to prove who is telling the truth when dealing with a “he said she said” situation. However, it’s up to the state to prove the case against the accused is beyond a reasonable doubt in order to make a conviction. Luckily, a qualified domestic battery defense lawyer can help you build a defense strategy to combat these accusations and provide the best possible chance for the optimal outcome. Below are some of the most common defenses your attorney can deploy on your behalf:

• The victim is lying to manipulate and control the accused person
• A touching that occurred was just an accident
• The person charged acted in self-defense
• The victim is lying to manipulate a child custody or divorce case

Statute Of Limitations For Domestic Violence Charges In Nevada

According to Nevada’s criminal statute of limitations, misdemeanor battery domestic violence is one year after the offense allegedly occurred. A second domestic violence offense in Las Vegas is considered a misdemeanor if there are no enhanced charges added, therefore the statute of limitations for this offense would be 1 year. However, if you are charged with a felony domestic violence offense, Nevada’s criminal statute of limitations is three years after the offense allegedly occurred. Needless to say, it’s crucial that you act right away to preserve your legal rights and best interest. Don’t wait another day, call the Spartacus Law Firm today to speak with our experienced domestic violence defense attorney. We offer free consultations and help you better understand your case and the options available to you.

2nd Domestic Violence charge? We can help

Are you facing a second domestic violence charges in Las Vegas? Don't settle for anything less than the highest quality defense. The Spartacus Law Firm specializes in domestic battery cases and has successfully litigated for countless clients. Domestic violence charges are serious in the state of Nevada, allow us to help you secure the best possible outcome. Call our Las Vegas domestic violence lawyer today for a free consultation.

Frequently Asked Questions

Can A Second Domestic Violence Offense Be Dismissed?

One of the most common defenses that could get a second domestic violence offense in Las Vegas dismissed is that the defendant was acting in self-defense. Self-defense is a common strategy to deploy because these types of cases often fall under the category of “he said she said”. This is why it’s imperative that you have an experienced domestic violence defense lawyer fighting for you. Nevada law permits people to fight back against an aggressor as long as the following are true:

1. They reasonably believe it is necessary to avoid imminent injury to themselves or someone else
2. They use no more force than necessary to deflect the attack

Another common defense to domestic violence charges is that the “victim” falsely accused the defendant. Especially between those in domestic relationships, this is more common than you might think. Some accusers may even self-inflict injuries before calling 911 in an attempt to back up their allegations and create a narrative against the defendant. Lastly, it can be an effective defense to argue that the incident was just an accident. As long as the defendant did not knowingly touch the victim in an unlawful way, it’s possible to have second domestic violence charges in Nevada dropped with the help of your criminal defense lawyer.

Can I Get Probation Sentence For A Conviction For Domestic Violence?

No. Probation may not be granted in domestic violence cases in Las Vegas or in Nevada. This is codified in NRS 200.485(8) and does not have any cognizable exceptions. Prosecutors, on the other hand, frequently propose plea deals in which the defendant agrees to plead guilty to battery domestic violence and waives his or her right to a trial in exchange for a lighter sentence.

What Does The Prosecution Have To Prove To Convict Someone Of Second Domestic Violence Offense?

The prosecution just needs to prove an offensive touching against someone with whom you had a domestic relationship in order to convict you of a second offense of domestic violence. An ex-boyfriend or ex-girlfriend, for example, or a husband or wife, child or stepchild. To be convicted of this crime, all it takes is a simple push or shove with no bodily marks or harm. If you are convicted of domestic violence a second time, and if you are charged with a third domestic violence offense in the future you will face a felony conviction with mandatory jail time.

Are Restraining Orders Common With Domestic Violence Charges?

Yes, Temporary Restraining Orders (TROs) often follow when an individual is charged with battery domestic violence. When a court issues a restraining order, it orders the suspected abuser to stay away from the victim and often times relinquish their firearms. In Nevada, there are two types of restraining orders:

1. Temporary Protective Orders also known as TPOs, as the name suggests are temporary in nature and last for 45 days.
2. After a TPO is issued the victim may request a more permanent injunction which extends the protective order for up to one year.

NRS 33.020 outlines the requirements for a temporary extended restraining orders to issue:

1.  If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, the court may grant a temporary or extended order. A court shall only consider whether the act of domestic violence or the threat thereof satisfies the requirements of NRS 33.018 without considering any other factor in its determination to grant the temporary or extended order.
2.  A temporary or extended order must not be granted to the applicant or the adverse party unless the applicant or the adverse party has requested the order and has filed a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence.
3.  The court may require the applicant or the adverse party, or both, to appear before the court before determining whether to grant the temporary or extended order.
4.  A temporary order may be granted with or without notice to the adverse party. An extended order may only be granted after notice to the adverse party and a hearing on the application.
5.  A hearing on an application for an extended order must be held within 45 days after the date on which the application for the extended order is filed. If the adverse party has not been served pursuant to NRS 33.060 or 33.065 and fails to appear at the hearing, the court may, upon a showing that law enforcement, after due diligence, has been unable to serve the adverse party or that the adverse party has sought to avoid service by concealment, set a date for a second hearing which must be held within 90 days after the date on which the first hearing was scheduled.
6.  If the adverse party has not been served pursuant to NRS 33.060 or 33.065 and fails to appear on the date set for a second hearing on an application for an extended order pursuant to subsection 5, the court may, upon a showing that law enforcement, after due diligence, has been unable to serve the adverse party or that the adverse party has sought to avoid service by concealment, set a date for a third hearing which must be held within 90 days after the date on which the second hearing was scheduled.
7.  The court shall rule upon an application for a temporary order within 1 judicial day after it is filed.
8.  If it appears to the satisfaction of the court from specific facts communicated by telephone to the court by an alleged victim that an act of domestic violence has occurred and the alleged perpetrator of the domestic violence has been arrested and is presently in custody pursuant to NRS 171.137, the court may grant a temporary order. Before approving an order under such circumstances, the court shall confirm with the appropriate law enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody. Upon approval by the court, the signed order may be transmitted to the facility where the alleged perpetrator is in custody by electronic or telephonic transmission to a facsimile machine. If such an order is received by the facility holding the alleged perpetrator while the alleged perpetrator is still in custody, the order must be personally served by an authorized employee of the facility before the alleged perpetrator is released. The court shall mail a copy of each order issued pursuant to this subsection to the alleged victim named in the order and cause the original order to be filed with the court clerk on the first judicial day after it is issued.
9.  In a county whose population is 52,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order pursuant to subsection 8.
10.  In a county whose population is less than 52,000, the court may be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order pursuant to subsection 8.
11.  The clerk of the court shall inform the protected party upon the successful transfer of information concerning the registration to the Central Repository for Nevada Records of Criminal History as required pursuant to NRS 33.095.

Pursuant to the above, protective orders are often issued by family courts without enabling the alleged abuser to defend himself. The alleged abuser, may request a hearing after the issuance of the TPO to contest the order. Note, violations of a TPO or extended Order of Protection are charged as additional crimes and may be punishable by up to six months in the Clark County Detention Center with a fine up to a thousand dollars. Possessing a firearm when prohibited by a restraining order is a category B felony punishable by one to six (1–6) years in Nevada State Prison and a fine of up to $5,000. While it is feasible to defend against a restraining order without the assistance of an attorney, it is always recommended and encouraged to obtain legal advice from an attorney while facing this invasive legal action.

What Other Charges Can Enhance A Domestic Violence Offense?

Domestic violence offenses are serious alone, but they commonly have related charges added that can enhance penalties. Enacted by NRS 200.471, one of the most common charges that are related to domestic violence is assault with a deadly weapon. A deadly weapon is any object that can cause substantial bodily harm or death. Another related charge is domestic violence by strangulation. Often in domestic violence altercations, there are accusations of the defendant’s hands being on or near the accuser’s neck area. In these cases, the prosecutor may try to tack on a strangulation charge to enhance the potential penalties if convicted. It’s important to remember that if you face one of these related charges, you have a right to a trial by jury. You and your attorney can defend against these accusations and do everything possible to mitigate the consequences.

Is A Second Domestic Violence Offense A Misdemeanor Or Felony?

A second domestic violence offense in Las Vegas is charged as a misdemeanor as long as there are no additional or enhanced charges tacked on. However, the consequences for a misdemeanor 2nd domestic violence offense are still serious. Along with the criminal penalties associated with this crime, you will also not be eligible to seal your criminal record for seven years after your case is closed, prohibited from owning a firearm, and may face child custody complications.

Second Domestic Violence Charge? Call The Spartacus Law Firm

If you’re facing a second domestic violence offense in Las Vegas, your life can quickly turn upside down. If convicted, you’ll likely face restrictions in your freedom, finances, career, and personal life. But it’s important that you do not give up home, there are options available that allow you to fight back against a domestic battery charge. First things first, you must speak with a qualified domestic violence attorney in Clark County who can help you build a defense that aggressively fights the charges against you. Call the Spartacus Law Firm today and speak with our award-winning criminal defense attorney, Chandon Alexander. We offer free consultations and are available to help you reclaim your life.

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