Battery Vs. Domestic Violence Laws
Domestic violence is a broad term and talked about a lot, although can be very devastating to the victim and even the defendant. Domestic violence is typically associated with skirmishes between spouses or other family members, such as children or grandparents. The Las Vegas Metropolitan Police respond to more than 60,000 domestic violence calls every year. When the police make an arrest after a fight between spouses or other family members, the person arrested is generally charged with domestic battery.
Battery Domestic Violence
Battery domestic violence is a charge that falls under the domestic violence charge, being the most common charge in domestic violence cases. The legal definition of “battery” is very broad, meaning a fight between spouses that drew the attention of police and others around, would most likely be considered battery. Under NRS 200.481, battery is defined as any willful or unwillful use of force or violence upon another person. Under NRS 200.485, which is the battery domestic violence law, the victim and accused were in a domestic relationship, and the accused committed battery against the victim. When a battery charge falls under the domestic violence category, it otherwise may be known as domestic battery or battery domestic violence. A domestic battery case ultimately comes down to the credibility of the victim and whether or not they are telling the truth, with little evidence to prove who is in the right or wrong.
Domestic Violence is the broad term, with many elements, including domestic battery, falling under the category. Domestic violence is the willful use of force against a person you have a domestic relationship with. It is also a crime that involves the abuse of one’s power, coercion, and violence to control one another. The accuser of domestic violence is a person using physical or psychological threats, or even actions toward the victim. Domestic violence can happen to anyone of any age, gender, race, ethnic group, or sexual orientation.
Battery Domestic Violence Penalties
The Nevada Law is very strict on battery domestic violence charges and harsh on those convicted. The first time offense is typically a misdemeanor, with penalties including:
- $200 to $1,000 fine
- 2 days to 6 months in jail
- 48 to 120 hours of community service
- Counseling every week for at least 6 months
A second time offense within a seven-year period is still typically a misdemeanor, with penalties including:
- $500 to $1,000 fine
- 20 days to 6 months in jail
- 100 to 200 hours of community service
- Counseling every week for at least 1 year
A third time offense within a seven-year period is automatically categorized as a category B felony. The punishment for a third time offense is anywhere from $1,000 to $5,000 fine and 1 to 6 years in the Nevada State Prison. If the accuser either had a deadly weapon during the incident or the victim had severe bodily harm, the offense will automatically be categorized as a category B felony. Those penalties would include up to 15 years in Nevada State Prison and up to $10,000 in fines. Battery Domestic Violence is a category C felony if it involves strangulation, with penalties of 1 to 5 years in Nevada State Prison and up to $10,000 in fines.
For victims of domestic violence, it is ideal to place a restraining order on the accuser to prevent their presence around them. It is required that the accuser stays away from the victim and doesn’t possess any firearms. If an accuser violates a restraining order, it is typically a misdemeanor with penalties of up to 6 months in jail and/or up to $1,000 in fines.
If you are facing a domestic violence or domestic battery offense, your life is in danger of turning upside down. If you get charged with a domestic violence offense, you have the chance to lose your job, family, friends, and freedom. Although you can fight a domestic violence or domestic battery charge, it can be very difficult to win and overcome. At The Defenders, our trusted legal team can help build you a firm case that fights the charges against you.