Domestic Battery and Domestic Assault are Two Charges with Broad Definitions
When most people hear the terms domestic battery or domestic assault, they immediately envision physical violence. Slapping, punching, and kicking are all forms of domestic battery and assault, but they are not the only kinds of punishable violence. Under Nevada law, a person can be charged with domestic assault for intimidating a partner, spouse or another blood relative by a particular course of action that puts them in immediate fear. So, before you let your anger get the better of you, it’s important to know what will get you into trouble with the police.
Definition of Domestic Battery and Domestic Assault
Under NRS 200.485 of the Nevada law, two elements are required to be charged with domestic battery. First, the accused and the alleged victim are either related, married, cohabiting, or dating. Second the accused intentionally inflicted physical force against the alleged victim in a violent, hostile, aggressive, or unwanted way. A Nevada prosecutor must prove both elements beyond a reasonable doubt in order for the court to convict the accused.
According to NRS 200.471, a domestic assault occurs when one person intentionally puts another person in reasonable apprehension of immediate bodily harm. In these cases, the victim has not been touched in any way, but strongly fears that unlawful touching, or violence, was eminent in that moment. Of course, the state must also prove the special relationship of the parties just like domestic batter.
Allegations That are Considered Domestic Battery or Domestic Assault in Nevada
Domestic Battery Charges Include the Following Intentional and Unwanted Acts:
- Stepping on
- Choking/ Strangling
- Spitting on
- Throwing an object that hits the victim
- Spilling something on someone
- Tugging on clothes, purses or other items on a person
- Indirect touching such as striking a non-motorized vehicle with the person on or in it
Domestic Assault Charges Include:
- Trying to hit person, but they avoid the swing and no physical contact is made
- Holding a knife to a person’s throat (but not making contact)
- Pointing a gun or weapon
- Throwing an object at someone, or in their direction, and missing
- Holding up a fist while verbally intimidating another person (with the ability to strike)
Penalties for Domestic Battery and Domestic Assault
Penalties for Domestic Battery with No Deadly Weapons
A first domestic battery offense is a tried as a misdemeanor. If convicted, a person could spend two days to six months in jail and pay a fine between $200 and $1,000. This conviction also carries a sentence of 48 – 120 hours of community service and the defendant must attend weekly counseling sessions of batterer’s intervention of not less than 1 ½ hours per week for not less than 6 months, but no more than 12 months at their expense.
A second domestic battery or assault offense within a seven-year period is also a misdemeanor. However, if convicted a person will serve twenty days to six months in jail and pay a fine between $750 and $1,000. They must also attend weekly counseling sessions of batterer’s intervention for not less than 1 ½ hours per week for 12 months at their expense.
A third domestic battery or assault offense within a seven-year period is a category B felony. If convicted, a person will serve one to six years in a Nevada State Prison and may be punished by a fine of not less than $1,000, but not more than $5,000.
Penalties for Domestic Battery with Strangulation
Domestic Battery with Strangulation is a category C felony. If convicted, a person will serve one to five years in a Nevada State Prison and may be further punished by a fine of not more than $10,000. This is a very serious offense. It does not matter if a person has no prior domestic violence conviction, nor does it matter if the victim sustained any long-term injuries.
Penalties for Domestic Battery with a Deadly Weapon
If convicted of domestic battery or assault with a deadly weapon with no serious injuries, a person will serve a two to ten-year prison term and may be further punished by a fine of not more than $10,000. A domestic battery or assault that involves a deadly weapon and the victim does sustain serious injuries is a category B felony. If convicted, a person will serve two to fifteen years in a Nevada State Prison and may be further punished by a fine of not more than $10,000.
Jesse Kalter has the Experience to Fight for Your Freedom Against Unwarranted Domestic Battery Charges
Someone losing their temper is a common occurrence. However, if they allegedly engage in any of the above domestic battery or assault activities, they will find themselves with a lot of time to cool down behind bars. Being convicted of these charges will change a person’s life forever. Attaining employment, housing or anything requiring a background check could be denied because of these convictions. If you, or someone you know, has been charged with domestic battery or assault, they will need legal representation to get the best possible outcome. Jesse Kalter has received countless not-guilty verdicts on these charges, and he’s had these charges thrown out hundreds of times. 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 Ready to Assist 24 Hours A Day
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
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