Battery that Constitutes Domestic Violence

Battery that Constitutes Domestic Violence is a serious offense and comes with heavy penalties, even for the first-time offender.

A battery means any willful and unlawful use of force or violence upon the person of another. The person committing the battery, and the victim of the battery, are spouses, former spouses, related by blood or marriage (except for siblings and cousins, unless there is a custodial relationship), are having a dating relationship, or had a dating relationship, have a child in common, the minor child of any of these types of people, or the legal guardian of the person’s minor child, then the battery shall constitute domestic violence.

If you have been charged with Battery Constituting Domestic Violence, you have the right to trial by a jury of your peers.

If you are convicted of Battery Constituting Domestic Violence, the consequences include:

First Offense in 7 years

At least 2 days in jail, but not more than 6 months in iail; not less than 48 hours, but not more than 120 hours, of community service; a fine of not less than $200 and not more than $1,000, plus administrative assessments; and, enroll in and successfully complete weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at your own expense.

Second Offense in 7 years

A minimum of 20 days in jail, but not more than 6 months in jail; a minimum of 100 hours of community service, and not more than 200 hours of community service; a fine of not less than $500 and not more than $1,000, plus administrative assessments; and, enroll in and successfully complete weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at your own expense.

Third Offense in 7 years

This is a felony subject to 1 year, but not more than 6 years, in the Nevada State Prison; and, a fine of not more than $10,000, plus administrative assessments.

Additional Penalties

Battery which constitutes domestic violence may also be treated as a felony if: the victim is pregnant; there is substantial bodily harm; there was use of strangulation; or, there is a prior felony conviction.

Firearms Prohibition

If convicted of Battery which Constitutes Domestic Violence, then you shall be permanently prohibited from owning, possessing, or having under your custody or control any and all firearms. 18 U. S. C. 921(a) (33) and NRS 202.360. Violating this prohibition is a Category B felony and shall be punished by imprisonment in the Nevada State Prison for a minimum of 1 year, and a maximum of 6 years, an a fine of not more than $5,000, plus administrative assessments.