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Domestic violence is an incident of controlling or degrading and violent situations or behavior that unfortunately involve someone close to you. It could be your spouse but also your roommate or a family member. In the State of Nevada, if you have been charged with spousal abuse, then take this very seriously because you can get convicted for domestic violence and face serious consequences such as high fines, be punished to go to prison in the worst situation, or deported if you are not a US citizen. When you are charged with spousal abuse it is a type of domestic violence that requires your attention. It is important to consider the consequences and the huge impact of this type of charges mentally, socially, physically, and financially on the individual and the families involved.
Domestic violence accusations are very common in the States of Nevada. According to Nevada Coliasion to end domestic and sexual violence data, the hotlines documented 23,498 calls from victims in 2021. You must speak with a domestic violence attorney, one with an extensive knowledge of this type of case by your side to help you through the process. Restraining orders are serious and dealing with court orders could damage your personal and professional reputation. If you are going through a divorce, this could potentially impact your finances turning this into an advantage for your spouse to gain more money. Everything could be worse if this is a pattern of abuse behavior with the years that has never ended in physical injury. Remember that domestic abuse is considered a largely hidden crime that occurs primarily at home.
The Nevada crime of “battery domestic violence” is found under NRS 200.485, and can be a misdemeanor or a felony. This is scary to be charged with, but it is important to remember your constitutional right to be defended by an attorney. At Spartacus Law Firm, we specialize in criminal defense. We recognize that sometimes you could be innocent and accused of things that you have not done. We have extensive experiences in the most complicated cases related to domestic violence and will fight to protect your rights over this serious acusation. Our attorneys are going to gather all the evidence and investigate your situation in detail until we create a strong defense case in court to prove that you have been falsely accused of spousal abuse and you did not commit any type of abuse. There are different types of spousal abuse that we need to keep in mind and variety according to each case.
Coercive Control
This is the perfect example that domestic abuse is not always physical; it can be a pattern of acts of humiliation, intimidation, extreme jealousy, insulting, blaming for everything, stalking, and even threats that are used to keep the victim under control but in the most painful way. This type of abuse is used to keep the person isolated and regulate their day to day behavior. The goal is always to keep the victim with invisible chains that will slowly limit their human rights, reducing their freedom and even the ability for action. The victim will be trapped or captured in an unreal world full of fear and sadness. This is a total psychological and emotional abuse.
Financial Abuse
This type of abuse maintains power and control over the finances of the victim, putting the person in an allowance even if it is their own money, harassing the partner at work or damaging the credit score, and in some cases physically injuring the person in a way that won’t allow the victim to go to work. Sometimes, this abuse includes technology to stalk the partner using tracking devices in the car to know the location, controlling interactions in the social media, as well as forcing the partner to give passwords of the computer, accounts, and cell phone. During this situation, a person can lose their job through all this unspeakable behavior. It is all about controlling the victim.
Sexual Abuse
This type of abuse involves any sexual activity without the consent of the other person. This form of abuse could vary but at the end it is to have control over the victim to do things such as forcing the partner to have sex with other people or participate in any form of unwanted sexual activity, hurting the partner physically during sex without the consent, have sexual activity when the victim is not fully conscious, or sexually assaulting the partner.
Physical Abuse
This is the most recognized form of abuse and it is slightly easier to demonstrate when you can see that the victim has been hit, punched, or burned, or when the abuse results in broken bones, lacerations, disfigurations, or disability. During this physical abuse, your property can get damaged, the abuser could use a weapon to control the victim, or even kill them in a moment of extreme anger. This type of behavior normally is not a one off incident but an accumulator factor that could start in small emotional incidents of abuse before it turns into a physical one. Either way, it is important to remember that this type of abuse can be lethal and could end in death as an accident of the violence during the physical abuse.
Domestic abuse is a crime and you should always report it. If you find yourself involved in this type of crime, it is important to get help from the best domestic violence law firm as soon as possible. In the State of Nevada, you could be facing a potential arrest that could turn into the most difficult chapter of your life. Spartacus Law Firm has expert attorneys with a lot of knowledge to represent you in a domestic violence case. We know the best way during each step of the case, from the beginning of the investigation until the end of the jury trial. This could be a false accusation that could hurt your life in a deep negative way and the consequences could potentially damage your personal and professional life. In this type of situation you need an attorney to build your defense and prove your innocence until it gets dismissed.
FAQs
A conviction for battery constituting domestic violence occurring prior to January 1, 1998, may be used to enhance a subsequent conviction of battery constituting domestic violence under this section. English v. State, 116 Nev. 828, 9 P.3d 60, 116 Nev. Adv. Rep. 89, 2000 Nev. LEXIS 97 (Nev. 2000).
State failed to establish the existence and constitutional validity of the prior domestic battery misdemeanor convictions because the mere transmission of the exhibits used at the preliminary hearing from the justice court to the district court was insufficient. As such, defendant’s current offense was erroneously enhanced to a felony. Hobbs v. State, 127 Nev. 234, 251 P.3d 177, 127 Nev. Adv. Rep. 18, 2011 Nev. LEXIS 20 (Nev. 2011).
District court erroneously enhanced defendant’s penalty to a felony on each of three counts of domestic battery as the State failed to meet its burden of proof because, at the sentencing hearing, the State did not present any evidence of the prior domestic battery convictions; a review of the sentencing hearing transcript revealed a general discussion about defendant’s prior criminal record, but neither the State nor defendant specifically identified the 2012 convictions in any fashion; and the district court did not sua sponte admit the previously marked exhibits into evidence nor did it take judicial notice of their existence. Davis v. State, 132 Nev. 960, 2016 Nev. App. Unpub. LEXIS 192 (Nev. Ct. App. 2016).
District court erroneously enhanced defendant’s penalty to a felony on each of three counts of domestic battery because the first two domestic battery offenses charged within the information could not be used to enhance the third domestic battery conviction to a felony as the offenses were not listed in the information as offenses to be considered for enhancement purposes, nor did the State make that request at the time of sentencing; and the judgments on the first two counts were not final when defendant was sentenced on the third count and could not be used for enhancement purposes as the judgments were neither signed by the judge nor entered by the clerk. Davis v. State, 132 Nev. 960, 2016 Nev. App. Unpub. LEXIS 192 (Nev. Ct. App. 2016).
What determines felony enhancement under NRS 200.485 is the defendant having committed three domestic battery offenses within seven years, two of which are evidenced by judgments of conviction – not the designation of the prior offenses as “first” and “second” offenses. Section 200.485(4) says that the sequence of the prior offenses and convictions does not matter, only how many of them there are. State v. Second Judicial Dist. Court of Nev., 134 Nev. 384, 421 P.3d 803, 134 Nev. Adv. Rep. 50, 2018 Nev. LEXIS 51 (Nev. 2018).
When a plea agreement allows a defendant to plead guilty to a first offense for a second domestic battery conviction, it is reasonable for the defendant to expect first-offense treatment of the conviction for all purposes, unless the defendant receives appropriate clarification and warning – or explicitly agrees – that the State may count the conviction as a second offense for future enhancement purposes. State v. Second Judicial Dist. Court of Nev., 134 Nev. 384, 421 P.3d 803, 134 Nev. Adv. Rep. 50, 2018 Nev. LEXIS 51 (Nev. 2018).
Defendant, who was convicted of domestic battery, third offense, received the benefit of an earlier plea deal when he was given the shorter sentence and lower fine only available to a first-time offender. Using defendant’s two prior “first offense” convictions to enhance his third domestic battery conviction to a felony did not violate the plea bargain by which the second conviction was obtained. State v. Second Judicial Dist. Court of Nev., 134 Nev. 384, 421 P.3d 803, 134 Nev. Adv. Rep. 50, 2018 Nev. LEXIS 51 (Nev. 2018).
Where the victim was receiving a manicure when defendant, her ex-boyfriend, entered the nail salon, angry that she was spending money to have her nails done, where the two argued before defendant spit in the victim’s face, where defendant left the salon and returned with a rock that he proceeded to throw through the windshield of the victim’s car, and where defendant was charged with and convicted of domestic battery, injury to another’s property, and a habitual criminal enhancement, the evidence was sufficient to support defendant’s domestic battery conviction under NRS 200.485 because spitting on another person constituted the use of force or violence required for a battery as contemplated by NRS 200.481. Hobbs v. State, 127 Nev. 234, 251 P.3d 177, 127 Nev. Adv. Rep. 18, 2011 Nev. LEXIS 20 (Nev. 2011).
Sufficient evidence supported defendant’s conviction for domestic battery causing substantial bodily harm because the victim’s testimony and the medical records supported a finding that she suffered some physical suffering or injury that lasted longer than the pain immediately resulting from the wrongful act; the victim was treated at the hospital for hemorrhaging of the ear and multiple contusions and welts, she testified that she was immobile for a few days afterward and that her injuries had resulted in permanent shin splints, the injuries to her tailbone hindered her ability to sit for long periods, and she also had hearing loss as a result of the injuries suffered from the assault. LaChance v. State, 130 Nev. 263, 321 P.3d 919, 130 Nev. Adv. Rep. 29, 2014 Nev. LEXIS 31 (Nev. 2014).
Sufficient evidence supported defendant’s conviction for domestic battery by strangulation where the State presented evidence that defendant placed his knee on the victim’s chest and his hands on her clavicle/lower part of her neck and then put pressure on the area, impeding her breathing to the point that her vision was impaired; depriving the victim of oxygen to the point where she lost vision supported a finding that defendant applied pressure to the victim’s throat or neck in a manner that created a risk of death or substantial bodily harm. LaChance v. State, 130 Nev. 263, 321 P.3d 919, 130 Nev. Adv. Rep. 29, 2014 Nev. LEXIS 31 (Nev. 2014).
Where defendant was charged with battery by a prisoner with the use of a deadly weapon for attacking his cellmate with scissors, evidence of his cellmate’s prior conduct was relevant to establishing his defense. Therefore, the district court permitted defendant to ask whether his cellmate told him about his prior record during their detention; his cellmate acknowledged that he told defendant about his three convictions for domestic violence. Hover v. State, 132 Nev. 982, 2016 Nev. Unpub. LEXIS 468 (Nev.), cert. denied, 137 S. Ct. 72, 196 L. Ed. 2d 67, 2016 U.S. LEXIS 5812 (U.S. 2016).
Right to a jury trial did not attach; the misdemeanor offense of first-offense domestic battery is not a serious offense when the rebuttable presumption that a perpetrator of domestic violence is unfit for sole or joint custody of his or children and the loss of the right to possess a firearm are not direct consequences of a conviction. Amezcua v. Eighth Judicial Dist. Court of Nev., 130 Nev. 45, 319 P.3d 602, 130 Nev. Adv. Rep. 7, 2014 Nev. LEXIS 8 (Nev.), cert. denied, 574 U.S. 830, 135 S. Ct. 59, 190 L. Ed. 2d 57, 2014 U.S. LEXIS 5415 (U.S. 2014).
While the Supreme Court previously concluded that the offense of misdemeanor battery constituting domestic violence is not a serious offense such that the right to a jury trial is not triggered, the Supreme Court noted that recent changes by the Legislature demand reconsideration. Given that the Legislature has indicated that the offense of misdemeanor domestic battery is serious, it follows that one facing the charge is entitled to the right to a jury trial. Andersen v. Eighth Judicial Dist. Court, 448 P.3d 1120, 135 Nev. Adv. Rep. 42, 2019 Nev. LEXIS 53 (Nev. 2019), writ denied, 505 P.3d 399, 2022 Nev. Unpub. LEXIS 182 (Nev. 2022).