Nevada Domestic Violence Laws: Charges and Penalties

The statutes that deal with Nevada domestic violence charges can be found in NRS 200.485.  The charges vary from misdemeanor charges such as battery to felony charges of assault, homicide and others. Domestic violence is a crime that involves a victim who is a family member, sexual or intimate partner or a child.  Most domestic violence crimes in Nevada involve spouses.

Understanding Nevada Domestic Violence Charges

Domestic violence charges may be brought against a person who is believed to have caused or threatened bodily harm.  In some cases, these charges are brought in conjunction with other crimes such as assault, battery, kidnapping or other crimes that may involve a weapon.  Stalking and violations of restraining orders will also be prosecuted under Nevada domestic violence statutes.

How Domestic Violence Charges Are Pressed

In Nevada, domestic violence victims may press charges immediately after an incident or the District Attorney may press charges on their behalf.  In some cases, the victim of domestic violence may have reasons for asking for the charges to be dropped. In some cases, victims recant their statements in the hopes that charges will be dropped. The absence of a willing victim does not automatically mean that charges will be dropped.

Nevada Domestic Violence Penalties

Domestic violence penalties in Nevada are harsh and can be very costly. First time offenders without the use of a weapon or without significant bodily harm may result in a minimum of 2 days to 6 months in jail, community service, fines of up to $1,000, administrative fees and counseling for a minimum of 26 hours with the fees for the counseling paid for by the guilty party.

Second offenses are much more serious including up to 6 months in jail, up to 200 hours of community service, fines up to $1,000 and domestic violence counseling for 12 months at the guilty parties expense. Subsequent offenses may carry an automatic jail term of not less than 1 year and up to 5 years as well as fines of up to $10,000.  These penalties may be further enhanced if any of the charges involve strangulation or substantial bodily harm which could be charged as a category C felony or use of a deadly weapon which may be charged as a category B felony.

Seeking Competent Assistance

It is imperative that someone who is facing Nevada domestic violence charges seek legal counsel.  Being found guilty carries other penalties including potential loss of custody of children, being forced to move from a home and potential employment issues. Records of those who are convicted of domestic violence charges also cannot be sealed for many years meaning that those found guilty will have their record haunting them for several years.