Defending Against Battery Domestic Violence Charges in Nevada

The offense of battery domestic violence — often referred to as BDV — is a serious matter in Nevada. As either a misdemeanor or felony, a BDV conviction on your record has significant implications in addition to the criminal penalties. If you face a battery domestic violence charge, it is crucial to get help from a knowledgeable criminal defense lawyer.

Nevada Laws For Battery Domestic Violence

Several different Nevada laws establish, define, and prescribe the penalties for battery domestic violence. The first one, in NRS 33.018, establishes acts that constitute domestic violence, which include battery, and provides that domestic violence occurs when a person commits a qualifying act against:

• A spouse or former spouse
• A person related by blood or marriage, with the exception of siblings and cousins unless there is a custodial or guardianship relationship
• A person with whom there is or was a dating relationship, as defined in the law
• A person who has a child in common
• A minor child of any of the preceding individuals
• Their own minor child
• A person appointed as custodian or legal guardian for their minor child

Battery is defined in NRS 200.481 as “any willful and unlawful use of force or violence” on another person. Many different actions may constitute battery under this definition, including slapping, hitting, biting, choking, grabbing, shoving, and punching.

To establish the elements for conviction of BDV, the prosecutor must prove beyond a reasonable doubt that a battery occurred and the alleged victim falls within one of the domestic violence categories.

BDV Penalties and Consequences

NRS 200.485, titled “battery which constitutes domestic violence,” addresses penalties and categories of BDV charges, as well as a number of other matters relating to BDV cases and convictions, including a restriction against probation and sentence suspension.

A first or second BDV offense within a seven-year period is usually a misdemeanor. The charge becomes a category B or C felony if it is the third BDV offense within seven years, or if the battery involved 1) use of a deadly weapon, 2) strangulation, or 3) substantial bodily harm.

A misdemeanor conviction results in jail time up to six months, a fine, community service, and mandatory counseling. Potential penalties for a felony conviction include significant prison time with no eligibility for parole and a substantial fine. Certain sentences are mandatory, which means the judge must impose mandatory minimum sentences. The mandatory minimums increase for each successive conviction. In addition, the penalties increase with each successive conviction within seven years.

A battery domestic violence conviction, even a misdemeanor, means that you cannot legally possess a firearm under both Nevada and federal law. A BDV conviction also can affect your child custody rights. A situation that leads to a BDV charge also may result in proceedings for a domestic violence restraining order.

A conviction on your public criminal record often also can have wide-ranging impacts on immigration status, employment, housing, educational opportunities, financial transactions, and other important aspects of your life.

Defending Against a Battery Domestic Violence Charge

An experienced criminal defense attorney has a number of different strategies to use in a BDV case, depending on the specific circumstances. Your lawyer analyzes all the legal and factual details of the case, identifying weaknesses and potential issues, before discussing plea options with the prosecutor.

False accusations or a misunderstanding of the facts by the police sometimes can lead to BDV charges. Through a detailed investigation of the case, a defense attorney may be able to prove that the claims were falsified or that the harm was self-inflicted and motivated by ulterior intentions. Self-defense is another viable defense in a BDV case in some situations. Your attorney also may be able to challenge the prosecutor’s ability to prove the necessary elements of the offense beyond a reasonable doubt.

Regardless of the circumstances, a defense attorney aggressively defends against the charges and works on your behalf to secure dismissal of the case or negotiate a plea agreement that minimizes the consequences of a conviction. For example, a plea to a lesser offense without the domestic violence component can address or reduce some of the negative impacts of a BDV conviction on your record.

For all these reasons, representation by a criminal defense attorney is essential if you face a battery domestic violence charge.

Schedule a Free Consultation With a Las Vegas Battery Domestic Violence Defense Attorney

Attorney Joseph Gersten is an aggressive criminal defense lawyer who knows Nevada domestic violence laws, as well as the laws for related offenses. He also can assist with issues involving protection orders and restraining orders.

If you face a domestic violence accusation in Las Vegas, Henderson, or elsewhere in Clark County, Attorney Gersten will discuss and evaluate your case based on his extensive investigative and criminal defense experience. There is no charge for your initial consultation. Call 702.857.8777 or complete our online form to schedule an appointment.