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Fighting Third Domestic Violence Charges In Nevada

Battery domestic violence (BDV) is defined by Nevada law (NRS 200.485) as the purposeful infliction of unlawful physical force on current or former spouses, dating partners, or certain family members.

If you are charged for a third domestic violence offense in Las Vegas within seven years of the close of your previous cases, you will be charged with a Battery Domestic Violence 3rd which is a felony offense in Nevada and can alter the trajectory of your life forever. It’s imperative 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 third domestic violence offense. That’s why it’s crucial to be represented by an accomplished domestic violence defense attorney in Clark County who can provide you with the experience and resources you need to secure the optimal outcome in your case. The Spartacus Law Firm has been representing those charged with these types of criminal crimes for years and is ready to fight for you. Call us today for a consultation and to learn more about how we can help.

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Penalties For Third 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)

Domestic Violence With A Deadly Weapon Or Serious Injury

A domestic violence incident where the defendant uses no deadly weapon but the victim sustains substantial bodily harm in Nevada is a category B felony. If charged with this you will face the following penalties:

  • 1 to 6 years in Nevada State Prison
  • $1,000 – $5,000

Domestic Violence With A Deadly Weapon Or Serious Injury

A domestic violence incident where the defendant uses no deadly weapon but the victim sustains substantial bodily harm in Nevada is a category B felony. If charged with this you will face the following penalties:

  • 1 to 6 years in Nevada State Prison
  • $1,000 – $5,000

Example: John and Sarah get into a heated argument. John pushes Sarah and she falls and breaks her wrists, John can be charged with Battery Domestic Violence with Substantial Bodily Harm.

Meanwhile, a domestic violence incident where the victim sustains no serious injuries but the defendant uses a deadly weapon is also a category B felony. But the punishment is much more severe:

  • 2 to 10 years in Nevada State Prison
  • A mandatory fine of $10,000

Example: John and Sarah get into a verbal dispute. The verbal dispute escalates and John hurls a vase at Sarah, Sarah is not injured, but John is charged with Battery Domestic Violence with the use of a Deadly Weapon. A deadly weapon does not have to be a gun or knife, which are per se deadly weapons. A deadly weapon can be more generic items such as picture frames, golf clubs, potted plants, large electronics, etc. If it is feasible that the item was or could be used in a way that caused or was likely to cause substantial bodily harm or death it can be considered a deadly weapon.

Finally, the harshest punishment is reserved for violations of Nevada battery domestic violence law where the defendant uses a deadly weapon and the victim sustains substantial bodily harm. The category B felony penalties include:

  • 1 to 6 years in Nevada State Prison
  • $1,000 to $5,000 in fines

Example: John and Sarah are arguing. Sarah gets mad and hits John on the head with one of his golf clubs, John gets knocked out. Sarah is charged with Battery Domestic Violence With the Use of A Deadly Weapon resulting in Substantial Bodily Harm.

Domestic Violence If The Victim Was Pregnant

In the instance of a domestic violence event where the victim is pregnant and the defendant knows this or should know this, a first-time offense is a gross misdemeanor in Nevada, which carries the following penalties:

  • Up to 364 days in jail
  • Up to $2,000 in fines

Any subsequent conviction is a category B felony, carrying the following penalties:

  • 1 to 6 years in Nevada State Prison
  • $1,000 – $5,000

Domestic Violence With Substantial Bodily Harm: Felony

  • If the domestic violence event resulted in substantial bodily harm (and no deadly weapon was used), then the crime is classified as a Category C Felony with a potential penalty of 1-5 years in prison and a mandatory fine of $10,000.
  • If the domestic violence event resulted in substantial bodily harm with a deadly weapon being used, then the crime is classified as a Category B Felony with a potential penalty of 1-15 years in prison and a mandatory fine of $10,000.

Defenses To Third Domestic Violence Charges In Nevada

It’s important to remember that being arrested for domestic violence is not the same as being charged with domestic violence. In fact, this couldn’t be further from the truth, there are plenty of defense strategies that can be deployed to combat third domestic violence charges against you. In Las Vegas, and throughout the State of Nevada, the law allows for numerous viable legal defenses to disprove accusations against you. It’s recommended that you seek representation from a skilled Las Vegas domestic violence attorney who has represented countless similar clients in your situation. Experience with domestic violence cases is critical, especially in a state with such strict punishment for those found guilty. Some of the defense strategies that can be utilized in a domestic violence case include the following:

Fraudulent Or False Allegations

Due to most domestic violence cases involving a close personal relationship, many accusations can be emotionally charged. It’s all too common for an angry spouse or lover to create a false report in the heat of the moment. Fortunately, a domestic violence defense attorney in Clark County can help piece together events leading up to the incident and refute the accuser’s side of the story. Police often lack context when making an arrest for domestic violence, therefore, it’s possible to bring new information to light that disproves the claims of domestic violence. If inaccuracies in a case are exposed and the charges cannot be proved beyond a reasonable doubt, then there’s is potential for the third domestic violence charge to be dismissed.

Self-Defense

In any domestic violence situation, it is an affirmative defense that the person was acting to protect themselves or others. In Fact, self-defense is most often found to be true in cases involving domestic violence. Simply put, it is not a crime to lawfully and reasonably act to defend yourself against the fear of bodily injury or death. If you were in a domestic altercation that required you to defend yourself to avoid harm, it’s imperative that you have a Las Vegas domestic violence lawyer who can convey this effectively in court. Self-defense incidents are often “he said she said” situations, and without experienced defense, you could be charged with a crime that was out of your control.

Failure To Prove The Case Beyond A Reasonable Doubt

Although there may be allegations against you, you cannot be charged with a third domestic violence offense in Las Vegas unless it can be proven in a court of law. The prosecutor has the burden of proving their case beyond a reasonable doubt to a judge or jury. If they cannot clearly prove that the allegations against you are true, then you are entitled to a verdict of not guilty.

Statute Of Limitations For Domestic Violence Charges In Nevada

A question many people wonder after being accused of a third domestic violence offense in Las Vegas is, what is the statute of limitations for these charges? According to Nevada’s criminal statute of limitations, misdemeanor battery domestic violence is one year after the offense allegedly occurred. However, if you are charged with a felony domestic violence offense, Nevada’s criminal statute of limitations is then expanded to three years after the offense allegedly occurred. As you can see, it’s very important 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 lawyer. We offer consultations and help you better understand your case and the options available to you.
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Frequently Asked Questions

Can A Third Domestic Violence Charge Be Dismissed?

One of the most common defenses that could get a third 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 critical that you have an experienced domestic violence defense attorney 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 a third domestic violence charge 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 third domestic violence charges in Nevada dropped with the help of your criminal defense lawyer.

Does A Previous Conviction From Another State Count In Nevada?

Yes. Your previous domestic violence convictions do not have to be from Nevada if you are facing third-degree domestic violence accusations. Nevada can and will use your previous convictions to raise your offense to a Domestic Violence 3rd Felony, regardless of what state the conviction occurred. A conviction for Domestic Violence 3rd has serious repercussions. If you are convicted, you will be sentenced to prison, and the judge will have to sentence you to anywhere from 1 to 5 years in prison, as well as a fine of up to $10,000.

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

No, you cannot get probation for a third domestic violence offense in Las Vegas. 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 A Third 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 third domestic violence offense in Las Vegas. 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 third 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.

Can My Domestic Violence Conviction Impact A Family Law Custody Matter?

Yes. In the course of determining whether a custody modification is in the child’s best interest, courts must consider and articulate specific findings regarding the non-exhaustive list of best interest factors set forth by statute. Nev. Rev. Stat. § 125.480(4) (now Nev. Rev. Stat. § 125C.0035(4)). In making this determination, a court must consider, amongst the factors, whether either parent or any other person seeking child custody has engaged in an act of domestic violence against the child, a parent of the child, or any other person residing with the child. Nev. Rev. Stat. § 125.480(4)(k). Courts must hear all information regarding domestic violence in order to determine the child’s best interests. The Legislature has recognized the threat domestic violence poses to a child’s safety and well-being and created a rebuttable presumption to this end: that awarding a parent physical custody is not in the child’s best interest if that parent has engaged in acts of domestic violence. Nev. Rev. Stat. § 125.480(5).

If Both Parties Engaged In Domestic Violence, Will Both People Be Arrested And Charged With Battery Domestic Violence?

Theoretically, they should be, but by direction of the Nevada Attorney General dual arrests are discouraged. Law Enforcement’s responsibility is to identify the primary aggressor (NRS 171.137) and arrest only that person.

How Long Will I Be In Jail If I Am Arrested For Domestic Violence?

12 Hours. A person arrested for a battery that constitutes domestic violence pursuant to NRS 33.018 must not be admitted to bail sooner than 12 hours after arrest. If the person is admitted to bail more than 12 hours after arrest, without appearing personally before a magistrate or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:
(a) Three thousand dollars, if the person has no previous convictions of battery that constitute domestic violence pursuant to NRS 33.018 and there is no reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation;
(b) Five thousand dollars, if the person has:
(1) No previous convictions of battery that constitute domestic violence pursuant to NRS 33.018, but there is reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or
(2) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018, but there is no reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or
(c) Fifteen thousand dollars, if the person has:
(1) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 and there is reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or
(2) Two or more previous convictions of battery that constitute domestic violence pursuant to NRS 33.018.

Do Different laws Apply To Juveniles Charged With Domestic Violence?

Generally No. Domestic violence offenses such as Domestic Battery NRS 200.485 apply equally to juvenile offenders. When a juvenile commits any crime within the state, the Juvenile Court has jurisdiction over the minor and the District Attorney’s Office is responsible for the prosecution of those cases. Mandatory arrest policies equally apply to domestic violence cases where a juvenile is the offender. When a juvenile is incarcerated, there is no bail. The juvenile will stay in Juvenile Hall for a minimum of twelve (12) hours as required by NRS 178.484 until he or she is arraigned. The Clark County District Attorney’s Juvenile Division prosecutes a juvenile arrested for a Domestic Violence offense.

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 domestic violence defense attorney can combat these accusations and do everything possible to mitigate the consequences.

Third Domestic Violence Charge? Call The Spartacus Law Firm

If you’re facing a third 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 consultations and are available to help you reclaim your life.
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