What Is Domestic Battery: What to Know If Facing Charges
If you have been arrested and charged with domestic battery in Las Vegas, you are likely worried about the outcome of your case. In the meantime, however, you may be feeling overwhelmed and unsure what to expect from the legal system. To help ease some of your anxiety, the criminal defense attorneys at The Vegas Lawyers explain what domestic battery is in Las Vegas and what to expect.
What Is Domestic Battery in Las Vegas?
The criminal offense of battery is defined as “any willful and unlawful use of force or violence upon the person of another” in the State of Nevada and is governed1. Domestic battery, formally referred to as “battery domestic violence (BDV)” undo occurs when the alleged victim of a battery 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.
What Are the Potential Penalties for Domestic Battery in Las Vegas?
Domestic battery is a criminal offense in the State of Nevada; however, the charges you will face and the corresponding penalties if convicted will depend on your criminal history and the presence or absence of aggravating factors. If you have not been convicted of BDV within the preceding seven years, you will likely be charged with a misdemeanor and face a maximum of six months in jail and/or a fine of up to $1,000 as long as there are no aggravating circumstances. A second BVD conviction within seven years increases the potential penalties while a third will result in being charged with a Class B felony which carries up to six years in prison and a fine of up to $5,000 if convicted. Aggravating circumstances, such as a pregnant victim, the presence of a weapon, or causing substantial bodily harm to the victim can increase the severity of the charges against you and the possible punishment if you are convicted.
What Happens After I Am Arrested for Domestic Battery?
Whether you are arrested at the scene of an altercation or pursuant to an arrest warrant, you will be taken to jail to be booked, which includes fingerprints, and a mug shot. If someone is able to post bail, you will be released and allowed to remain out of custody while your case is pending. If you were charged with domestic battery, your release will likely include a no-contact order prohibiting you from having any contact with the alleged victim. A violation of the no-contact order can result in your return to jail. As such, if the alleged victim wants to drop the no-contact order, discuss how to accomplish that with your attorney.
Your first court appearance will likely be for your arraignment in a Justice Court or a Municipal Court. The judge will ensure that you understand your rights and the charges against you, and you will enter a plea of guilty or not guilty. If you remain in custody, the issue of bail may be revisited. Between your initial appearance and your next court appearance, typically a pre-trial conference, the prosecutor will provide your attorney with “discovery” which essentially tells your attorney what evidence that the prosecution has against you. If you have any interest in a plea agreement, your attorney will attempt to negotiate one with the prosecution before your next court appearance. If you are not interested in pleading guilty, your attorney will develop your defense strategy for trial, which may be before a judge or a jury.
What Should I Do If I Was Charged with Domestic Battery in Las Vegas?
If you are facing domestic battery charges in Las Vegas, consult with the experienced domestic battery attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.