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Understanding Domestic Violence Charges

A Domestic Battery is any willful and unlawful use of force or violence upon the person of another with whom you have a domestic relationship. This means that if you commit a battery on any person who is a family member, spouse, boyfriend or girlfriend or roommate among other things.

In Nevada, if police are called to a domestic dispute, they are required to make an arrest if they have reason to believe that domestic violence may have occurred. This means there is a very real chance that either you or your spouse will be arrested even if the person calling the police recants or changes their story as an arrest is mandatory.

Why You Must Act Immediately

If you are facing a domestic violence charge it is very important that you contact Posin Law Group for a free consultation as the penalties for being convicted of this crime are very severe.

Penalties:

First Time Domestic Violence

A first-time domestic violence conviction within a seven (7) year period is a misdemeanor. An individual who is convicted of a first time Domestic Violence faces the following mandatory penalties:

Imprisonment in the city or county jail for not less than 2 days, but not more than 6 months;
Perform not less than 48 hours, but not more than 120 hours, of community service.
The person shall be further punished by a fine of not less than $200, but not more than $1,000.
Participate in weekly domestic violence counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his or her expense.
Under State and Federal Law you will lose your gun rights.
A conviction for Domestic Violence creates a rebuttable presumption that you are not as fit as your spouse to be the primary custodian of your children in any future divorce action.

Second Time Domestic Violence

A second time Domestic Violence within 7 years, is a misdemeanor. An individual who is convicted of a second time Domestic Violence faces the following mandatory penalties:

Imprisonment in the city or county jail for not less than 20 days, but not more than 6 months;
Perform not less than 100 hours, but not more than 200 hours, of community service.
The person shall be further punished by a fine of not less than $500, but not more than $1,000.
Participate in weekly domestic violence counseling sessions of not less than 1 1/2 hours per week for not less than 1 year, at his or her expense.
Under State and Federal Law you will lose your gun rights.
A conviction for Domestic Violence creates a rebuttable presumption that you are not as fit as your spouse to be the primary custodian of your children in any future divorce action.

Third Time Domestic Violence

A third and any subsequent offense within 7 years is a category C felony. An individual who is convicted of a third time Domestic Violence faces the following mandatory penalties:

A minimum term of not less than 1 year and a maximum term of not more than 6 years in a Nevada State Prison.
A fine of not more than $1,000.00 to $5,000.00.
Under State and Federal Law you will lose your gun rights.
A conviction for Domestic Violence creates a rebuttable presumption that you are not as fit as your spouse to be the primary custodian of your children in any future divorce action.

Other Felony Domestic Violence Cases

If you are convicted of Domestic Battery, Strangulation or Domestic Battery with Substantial Bodily Harm or Death you are facing a Felony charge and you need to take these cases as serious as the State of Nevada does. It is important to understand that if the State of Nevada is alleging that you committed a Domestic Battery with strangulation or substantial bodily harm you are facing a Felony charge even if it is your first domestic battery or criminal charge. This means you are facing prison time in this case even if you have no previous criminal history.

Nevada Law & Prosecution

Plea Deal Limitations

It is also important to understand that under Nevada law, the prosecutor is not allowed to dismiss or reduce the charge in a plea deal without a good faith reason.

Court Justification

That they can articulate to the Judge at the time a plea deal is entered, ensuring that any decision made is properly justified within the legal process.

Maximum Prosecution

This means, that the prosecutor is supposed to attempt to have you convicted and sentenced to the maximum charge they can under the law.

Do Not Wait to Protect Your Future

When you are arrested for any Domestic Violence case, whether it’s a felony or misdemeanor, you need experienced, aggressive and affordable representation. The State of Nevada takes these cases very seriously and so should you.

The consequences you face if you are convicted of a Domestic Violence charge are substantial and you cannot afford to wait to book your free consultation with Posin Law Group. Call us now at (702) 396-8888 for your free consultation.