Domestic Battery First-Degree Charges In Nevada
Being charged with domestic battery first degree can be an incredibly distressing experience, both emotionally and mentally. It often leads to mandatory counseling, anger management, and substance abuse classes, as well as restraining orders and hefty fines. In some cases, it can even result in imprisonment and the loss of firearm ownership rights.
In Nevada, it’s crucial to note that pressing charges against the alleged victim is not a determining factor. Once the police have made an arrest based on on-scene evidence, probable cause, and speculation, the prosecutors typically pursue the case vigorously due to their zero-tolerance policy for domestic violence. Furthermore, there is a twelve-hour period without bail, which can have severe repercussions on careers, custody battles, and family relationships. If you have been arrested and charged with domestic battery, contact the Spartacus Law Firm immediately at (702) 660-1234 for a consultation and to learn more about how we can help.
Battery vs Domestic Violence vs Domestic Battery: What’s The Difference?
For a comprehensive understanding of the distinctions between domestic violence, battery, and domestic battery, our experienced Las Vegas criminal defense attorney can help. Within the article, you’ll discover numerous examples and scenarios that effectively illustrate the nuances of these terms. Below is a brief overview of battery and domestic violence:
- Battery: Any intentional or unintentional act of force or violence inflicted upon another person.
- Domestic Violence: The deliberate use of force against an individual with whom you share a domestic relationship, encompassing both battery and assault.
Battery domestic violence (BDV) occurs when an individual engages in battery against someone with whom they have a domestic relationship. Put simply, BDV involves committing acts of physical harm or violence within the context of a domestic partnership.
- Current or former spouse or domestic partner
- A minor child or stepchild residing in the same household
- A co-parent of a minor child
- Any blood relative or relative by marriage
- Any individual residing in the shared residence
Domestic battery is specifically committed when battery is inflicted upon a person with whom the perpetrator has a domestic relationship. In contrast, battery without the domestic element is still a serious crime, albeit distinct from domestic battery. There are many nuances when it comes to this specific crime, which is why it’s critical to have a skilled domestic violence defense lawyer in your corner.
Recent Nevada Domestic Violence Law Changes
It is crucial to note that a recent ruling in 2019 has granted individuals charged with first or second-degree battery, constituting domestic violence, the right to a jury trial. This development is significant as it affords the opportunity to present one’s case before a group rather than solely relying on a judge. Such an arrangement can prove immensely advantageous, as it enhances the likelihood that your perspective will be heard and duly considered. For more information on this topic, you can contact our criminal defense team at the Spartacus Law Firm.
What Is Domestic Battery First Degree?
The definition of first-degree domestic battery is relatively straightforward: it occurs when an individual commits battery against a victim with whom they share a domestic relationship, resulting in “substantial bodily harm.”
As per NRS 0.060, “substantial bodily harm” refers to two key aspects:
- Bodily injury that poses a significant risk of death or leads to serious, permanent disfigurement or protracted loss or impairment of bodily function; and
- Prolonged physical pain.
Examples of “substantial bodily harm” encompass strangulation, fractures like a broken finger, severe burns, and black eyes. Additionally, head injuries, particularly concussions, can also fall under this classification.
Penalties for Domestic Battery First-Degree in Nevada
If you are facing charges of Battery Domestic Violence First-Degree charges, you should be aware of the potential penalties, seen below.
Battery Domestic Violence resulting in substantial bodily harm (no deadly weapon used):
- Category C Felony
- 1-5 years in state prison, a mandatory fine of $10,000
Battery Domestic Violence resulting in substantial bodily harm (with a deadly weapon used):
- Category B Felony
- 2-15 years in state prison, a mandatory fine of $10,000
Moreover, an individual convicted of first-degree domestic battery will acquire a criminal record, which can significantly hinder their prospects of securing employment, finding suitable housing, or obtaining loans.
Additionally, the right to possess firearms may also be revoked for such individuals. Considering the gravity of these penalties, it becomes imperative to have the guidance of a seasoned criminal defense attorney if you are facing charges of first-degree domestic battery in Nevada. A skilled domestic battery defense attorney will possess the knowledge and expertise necessary to challenge the prosecution’s case and vigorously advocate for the most favorable outcome in your situation.
Contact Our Las Vegas Criminal Defense Lawyer Now
If you have been accused of domestic battery first-degree in Nevada, it is crucial to promptly seek the assistance of a dedicated Las Vegas criminal defense attorney. A conviction for domestic battery can have a profound impact on your life, potentially resulting in severe penalties, including imprisonment.
Furthermore, a domestic violence protective order can curtail your rights as a parent and property owner, while also restricting your freedom of movement. At the Spartacus Law Firm, we specialize in providing robust defense for domestic violence cases, representing numerous Nevada residents facing similar charges. To discuss your case with our experienced legal team, we invite you to contact us today for a complimentary consultation.
