Is Domestic Battery a Felony in Nevada? Here’s What the Law Says
If you have been arrested and charged with domestic violence in Nevada, it is crucial to understand that you face serious penalties if convicted. While accusations of domestic violence were once shrugged off by authorities, they are now addressed aggressively by law enforcement officers and courts. To help ensure that you understand the potential legal ramifications of your situation if you have been arrested for domestic violence, the attorneys at The Vegas Lawyers explain when domestic violence is a felony in Nevada.
What Qualifies as Domestic Battery in Nevada?
To understand what qualifies as domestic battery in Nevada, you must first understand how the criminal offense of battery is defined. Governed by NRS 200.481, battery is defined as “any willful and unlawful use of force or violence upon the person of another.” Formerly referred to as “battery domestic violence (BDV)” domestic battery under Nevada law refers to a battery when the victim is any one of the following:
- Spouse or former spouse.
- Any other person to whom the perpetrator is related by blood or marriage.
- Any other person with whom the perpetrator has had or is having a dating relationship.
- Any other person with whom the perpetrator has a child in common.
- The minor child of any of the above-mentioned people.
- The perpetrator’s minor child or a child for whom the perpetrator has been appointed to be the legal guardian.
Is Domestic Battery a Felony in Nevada?
Without aggravating circumstances and in the absence of a history of domestic violence, domestic battery is charged as a misdemeanor in Nevada. You may still be charged with a misdemeanor if you have one previous conviction for domestic battery. There are, however, circumstances under which you could face felony charges for domestic battery in Nevada. Understanding when domestic battery can be charged as a felony under the laws of the State of Nevada is critical if you have been accused of the crime.
Domestic battery (BDV) can be charged as a Category C felony in Nevada if strangulation occurred during the commission of the crime; however, the alleged victim did not suffer substantial bodily injury, and a deadly weapon was not involved in the crime. If convicted, you could be sentenced to one to five years in prison and/or a fine of up to $5,000.
One way to face felony charges for domestic battery is to be charged with BDV for a third or subsequent time within a seven-year period. In that case, you could be charged with a Category B felony, punishable by one to six years in prison and/or a fine of up to $5,000.
You may also be charged with a Category B felony if the alleged domestic battery resulted in the victim sustaining substantial bodily injury but without the use of a deadly weapon. You will also face one to six years in prison and/or up to a $5,000 fine if convicted.
If a deadly weapon was used during the commission of domestic battery, but the alleged victim did not sustain substantial bodily injury, the State may charge you with BDV as a Category B felony, punishable by two to 10 years in prison and/or a fine of up to $10,000.
If a deadly weapon was used and the alleged victim suffered substantial bodily injury or strangulation was used, BDV may be charged as a Category B felony, punishable by an increased term of imprisonment of two to 15 years and/or a fine of up to $10,000.
Finally, if you are a probationer, parolee, or a prisoner who is in lawful custody or confinement at the time a domestic battery crime is committed, you can be charged with a Category B felony and face a prison term of two to 15 years in prison along with a fine of up to $10,000 if convicted.
What Should I Do If I Was Charged with Felony Domestic Battery in Las Vegas?
If you are facing domestic battery charges in Las Vegas, consult with the experienced felony domestic battery attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.