Criminal lawyer in Reno & Northern Nevada

Defenses and Penalties for Domestic Battery Charges

Defenses and Penalties for Domestic Battery Charges

Defenses and Penalties for Domestic Battery Charges

You Are Not Guilty Just Because You’ve Been Charged with Domestic Battery

Domestic battery is defined as unwanted touching between spouses, ex-spouses, past or present dating relationships, and the minor of a child of any of these groups. Many people are also under the impression that bruises or other marks need to be present for domestic battery charges to be filed. This idea couldn’t be more wrong. Any unwanted contact, no matter how light, is considered battery in the state of Nevada. There are several defined acts of aggression that will merit domestic battery charges. These acts can include:

  • Pushing or shoving
  • Choking
  • Spilling or throwing something on a person
  • Tugging on a person’s clothes

Domestic Battery Penalties Through July 1, 2020

Domestic Battery: First Offense

  • 2 days to 6 months in jail
  • Up to $1,000 fine
  • 48 hours to 120 hours of community service
  • Attend weekly counseling sessions for 6 months

This is contingent on the fact that there were no deadly weapons, strangulation, or substantial bodily harm was involved.

Domestic Battery: Second Offense

If convicted of a second offense within 7 years:

  • 20 days to 6 months in jail
  • Up to $1,000 fine
  • 100 hours to 200 hours of community service
  • Mandatory counseling sessions for a year

The outcome of this depends on the fact that there were no deadly weapons, strangulation, or substantial bodily harm was involved.

Domestic Battery: Third Offense

If a person is accused of a third domestic violence charge within a 7-year timespan it is a felony. Penalties include:

  • 1 to 6 years in prison
  • Up to $5,000 in fines

Common Defenses Against Domestic Battery Charges

  1. Accident Related Injury

If an injured person goes to the hospital and it looks like domestic violence, the medical personnel must fill out a police report. Accidents are not intentional acts of battery and therefore are a defense.

  1. Acting in Self Defense

Sometimes your partner’s actions will warrant the need for you to defend yourself. For this to be a viable defense, you must only use the appropriate force necessary to prevent the immediate threat.

  1. False Allegations

Your partner could be lying about the entire incident. If their story continues to change throughout the proceedings, then a good lawyer will seize on the opportunity to expose that they are lying.

  1. Self-Inflicted Injury

If your partner or accuser has injured themselves but is accusing you, then sometimes an expert witness can be called in to testify how the wounds were self-inflicted.

  1. The Accused was not present

If you weren’t present for the incident, a good domestic battery lawyer will establish your whereabouts with supporting evidence. If an alibi is available, this is a strong defense.

  1. Police Misconduct or Evidence Mishandling

There are several steps the police must follow when charging someone with domestic battery. If any one of these procedures is missed or abbreviated in some way, the charge could be dismissed. The police must adequately record any interrogations. They must read you your Miranda rights. They are not allowed to question you after you have invoked your right to silence. There must be probable cause to arrest someone and all evidence must be collected during the investigation. All eyewitnesses should be questioned. The police report is one of the first places an experienced domestic battery lawyer will look to begin building a defense case.

Jesse Kalter is Available When You Need Him to Fight Domestic Battery Charges

Domestic battery charges require the assistance of an experienced lawyer. Even if the accuser decides to drop the charges, the District Attorney’s office takes all these charges seriously and they will likely pursue the case regardless. Many times, people accused of domestic battery, even if they are innocent, must go to court to defend their innocence. Jesse Kalter is always available to assist with domestic battery charges. He has the expertise and the experience to fight for your freedom. He has won countless not guilty verdicts, dismissals, and reduced charges. He is available to serve Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County and all other Northern NV rural counties.

A Domestic Battery Lawyer Always Ready to Assist
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888