Domestic violence is, unfortunately, a common crime throughout the world, and Las Vegas, Nevada is no exception. Both men and women assailants produce men and women victims. We at Kajioka & Associates, Attorneys at Law, would like to discuss the domestic violence in Nevada.
Domestic Violence Battery in Nevada
According to Nevada law, Nevada Revised Statute (NRS) 200.485, battery domestic violence; a force of violence within a domestic. It is up to Nevada prosecutors, whether in the State Court or the City Court, to prove beyond a reasonable doubt of the crime of Battery Domestic Violence in Nevada. Not every Battery Domestic Violence is what it seems. While many officers and prosecutors presume someone charged with this crime are guilty, it’s not always so. In some cases, the “defendant” is actually a victim themselves. The person can be acting in self-defense but when the officers come to the scene they have to make a decision on who is getting arrested, and sometimes both parties or the victim can be the one charged. Arrests do not necessarily mean a conviction. Just because law enforcement arrested you on Battery Domestic Violence case, doesn’t mean automatic conviction. Defense attorneys have a number of viable legal defenses to defend the accused. Examples include Fraudulent of False Allegations, Self-Defense, and Failure to Prove Beyond a Reasonable Doubt. The legislature has enacted laws that mandate certain sentences for those convicted of a crime of Battery Domestic Violence in the State of Nevada. The judge must specifically impose a minimum sentence if you are convicted. However, depending on the circumstance, the sentencing can be enhanced.
1st Offense Battery Domestic Violence Conviction: Misdemeanor
– A minimum of 2 days and up to 6 months in County or City Jail.
– Fines of $200.00 – $1,000 with additional court costs the minimum fine is over $300.00.
– Community service of 48 hours – 120 hours.
– Mandatory counseling classes of 1.5 hours per week for 26 weeks.
2nd Offense Battery Domestic Violence Conviction: Misdemeanor
– A minimum of 10 days and up to 6 months in County or City Jail.
– Fines of $500.00 – $1,000 with additional court costs the minimum fine is over $800.00.
– Community service of at least 100 hours to 200 hours.
– Mandatory counseling classes of 1.5 hours per week for 52 weeks.
3rd Offense Battery Domestic Violence Conviction: Felony
– A minimum 1 year and up to 5 years in Nevada State Prison
– Mandatory Prison; Ineligible for probation.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
A charge of Battery Domestic Violence in Nevada can potentially be reduced. In some circumstances a charge can be reduced to the non-domestic, non-enhanceable crime of simple battery. A simple battery does not have the mandatory minimum sentences a Domestic Battery does. Past Battery Domestic Violence convictions do not have stay on records. Much like most other crimes in the State of Nevada Battery Constituting Domestic Violence can be sealed. There are many factors involved in domestic violence arrests, and Kajioka & Associates, Attorneys at Law can represent you accordingly. Call us today for your consultation.