Domestic Violence NRS 200.485

Do not take a domestic violence charge lightly, even if it is only a misdemeanor charge. If you plea guilty or no contest to a domestic violence charge you will lose your gun rights. You will be federally prohibited from possessing a firearm and the State of Nevada prohibits possession of a firearm as well now if you have a domestic violence conviction. This is why you should always fight a domestic violence charge if you value your 2nd Amendment rights.

A domestic violence offense will also cause severe immigration consequences.

Similar to DUIs, domestic violence charges use a 7-year window to enhance the penalties. A domestic violence 1st offense in seven years is a misdemeanor. A 2nd domestic violence in 7 years is still a misdemeanor. A 3rd domestic violence offense in 7 years is a felony and carries a 1 to 5 year prison sentence. Furthermore, regardless of the number of offenses, if strangulation occurs this will cause it to be a felony offense, even if your 1st offense.

A domestic violence charge is a battery upon another person who is in a special relationship with the aggressor. The most common are a battery upon a spouse, significant other, ex lover, relative or roommate. This relationship combined with a battery triggers a domestic violence charge.

Domestic Violence 1st

A misdemeanor domestic violence 1st conviction imposes a minimum 2 days jail to a maximum 6 months of jail, a minimum 48 hours to a maximum 120 hours of community service, and at minimum 6 months of counseling. You will also lose the right to possess a firearm. It also carries a fine up to $1000. Domestic violence counseling is a 1 and a half-hour long class which you must pay for. The Judge may further impose other conditions such a stay away order from the victim.

Domestic Violence 2nd

Your second offense in 7 years is still a misdemeanor, but it carries harsher penalties and brings you one step closer to a felony. A misdemeanor domestic violence 2nd conviction has a 10 days minimum to a maximum 6 months jail sentence, a minimum 100 hours to a maximum 200 hours of community service, a fine up to $1000 and 12 months of weekly counseling.

Domestic Violence 3rd

A third offense within 7 years is a category C felony, which carries a minimum 1-year to a maximum 5-year prison sentence and a fine up to $10,000. This felony offense is not probational. Furthermore, one can be charged with a felony, regardless of prior offenses if strangulation or substantial bodily harm occurs.

Defenses

There are various types of defenses when it comes to domestic violence.  A common defense to a DV charge is lack of intent, such as an accident.  Self-defense is another common defense when one if charge with a DV.

The alleged victim is also a potential defense.  It is common for people to lie and allege a battery or assault in order to get revenge or some sort of advantage over the other party.  Proving an alleged victim made the incident up could be a defense.

Also, prosecutors have to prove an actual relationship in order for it to be a “domestic” battery.  If they can’t prove the relationship, then it should be a simple battery at worst.

Since your Second Amendment rights are on the line it is important to hire a firm like ours that is willing to go to trial if needed. Contact us today for a fee consultation at 702-895-9111.

This is solely for informative purposes. This does not create a client-attorney relationship. Always seek legal advice from a licensed attorney.

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