Navigating Domestic Violence Charges in Las Vegas
If you’re facing domestic violence charges in Las Vegas it is imperative that you take the charges against you seriously because the judicial penalties and non-judicial consequences of a conviction can be life-altering.
How Is Domestic Violence Defined by Nevada Law?
Governed by NRS 33.018, domestic violence is defined as “committing one of the following acts upon the person’s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person’s minor child or any other person who has been appointed the custodian or legal guardian for the person’s minor child:”
- A battery.
- An assault.
- Coercion pursuant to NRS 207.190.
- A sexual assault.
- A knowing, purposeful or reckless course of conduct intended to harass the other person.
- A false imprisonment.
- Pandering.
What Are the Potential Penalties for a Domestic Violence Conviction in Nevada?
Generally, a first or second offense of domestic violence is charged as a misdemeanor in Nevada. For a first offense, you face a minimum of two days and a maximum of six months in jail, 48 to 120 hours of community service, and a fine of $200 to $1,000. You may also be required to complete domestic violence counseling. For a second conviction for domestic violence within seven years the term of imprisonment increases to a minimum of 20 days in jail, community service work increases to a minimum of 100 hours, the term of counseling is one year, and the minimum fine is $500.
If you are charged with domestic violence for a third time within the same seven-year period, you will be charged with a Class B Felony, punishable by one to six years in prison and a fine of $1,000 to $5,000. You may also face felony charges for domestic violence if there are aggravating factors, such as the victim was pregnant at the time or the victim suffered serious bodily injury. Depending on the circumstances, you could face up to 15 years in prison for a domestic violence conviction involving aggravating factors in Nevada.
Additional Consequences of a Domestic Violence Conviction
Along with the judicial penalties imposed by the court at sentencing, there are additional consequences for domestic violence charges of which you should be aware. You will lose your right to possess a firearm if you are convicted of domestic violence. This applies regardless of whether the charge was a felony or misdemeanor and the fact that you are a law enforcement officer or a member of the military is not considered. A domestic violence conviction can also trigger deportation proceedings or prevent you from qualifying for a change of status if you are not yet an American citizen.
What You Need to Know about a No Contact Order
Early on in the prosecution of most domestic violence cases, the court issues a “no contact” order, also referred to as an injunction, that orders the defendant to refrain from having any contact with the alleged victim. A violation of this order can result in a revocation of your bond on the original charge, meaning you will return to jail, and you could face additional criminal charges for violating the order.
Can’t the Alleged Victim Drop the Charges?
A common misperception is the belief that the alleged victim in a domestic violence case can “drop the charges.” The State of Nevada is the party charging you with domestic violence, not the alleged victim. Therefore, only the prosecuting attorney, on behalf of the State, can dismiss those charges.
What Should I Do If I Am Charged with Domestic Violence in Las Vegas?
If you have been charged with domestic violence in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.