It is a very sad truth, but the state of Nevada has an unfortunately high rate of domestic violence crimes and homicides. These instances of abuse statistically happen to women with a much higher rate of frequency, but crimes of domestic violence can happen to people of any gender and at any age. While the primary focus of page is informing the public of the possible domestic violence penalties that come along with a conviction, we hope that readers will keep this very real concern in our state in mind as well.
Defining Domestic Violence in Nevada
The term ‘domestic violence’ is often used in a fairly broad sense, but it is legally defined by Nevada law in the following way:
“Domestic violence occurs when a person commits battery against or upon the person’s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person is or was actually residing, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person’s minor child or any other person who has been appointed the custodian or legal guardian for the person’s minor child.”
In this case, the term ‘battery’ is used to refer widely to any form of intentionally violent or harmful contact, and can include anything from pushing or hitting to strangling or poisoning someone. More specifically, domestic violence crimes occur between people who have a prior or current connection that is usually romantic or familial.
Examples of Domestic Violence Crimes
● Harassment– This can include any behavior intended to harass the victim, whether it’s planned or spontaneous. Common examples include stalking (physical or via the internet), property destruction, trespassing, and arson, but many other actions also apply.
● Spousal Abuse – Spousal abuse can come in many forms, from physical violence to verbal, emotional, and financial threats. This term also refers to couples who are in a relationship but are not legally married in which abuse occurs.
● Child Abuse – This is any physical, verbal or emotional abuse directed at a child by someone in their life that is usually in a familial caretaker role. This includes parents, step parents, significant others of a parent, or grandparent.
● Elder Abuse – Physical, verbal, emotional or financial abuse that usually involves the children, grandchildren or other caretakers of senior citizens.
● Rape or Sexual Assault – This is often an element of spousal abuse, in which one member of a couple is forced or pressured into sexual acts by the other.
Domestic Violence Penalties For Someone Convicted in Nevada?
Because there are so many possible scenarios that fall under the umbrella of domestic violence, the domestic violence penalties for someone convicted in Nevada can vary quite a bit, but usually fall within the categories and penalties listed below:
Battery Domestic Violence (BDV) – No Deadly Weapons, Strangulations or Major Injuries
- For first time offenders, this is a misdemeanor.
- From 2 days to 6 months in jail (often suspended if the defendant agrees to other sentenced requirements)
- 48 to 120 hours of community service
- Court costs, $135 in assessment fees and from $200-$1,000 in fines
- 6 months to 1 year of mandatory domestic violence counseling classes at personal expense.
- Second time offenders (within seven years) is a misdemeanor.
- From 10 days to 6 months in jail
- 100 to 200 hours of community service
- Court costs, $35 assessment fee, and from $500-$1,000 in fines
- 1 year of weekly mandatory domestic violence counseling classes at personal expense.
- A third-time offense (within seven years) is a category C felony, regardless of the severity of the incident.
- From 1 to 5 years in Nevada State Prison
- Courts costs, $35 assessment fee and up to $10,000 in fines.
Battery Domestic Violence (BDV) – With Strangulation
- This is a category C felony
- From 1 to 5 years in Nevada State Prison
- Court costs, $35 assessment fee and mandatory fine of $15,000
Battery Domestic Violence (BDV) – With Deadly Weapons OR Major Injuries
- This is a category C felony when no deadly weapon is used but the victim has sustained bodily harm.
- From 1 to 5 years in Nevada State Prison
- Court costs, $35 assessment fee and mandatory fine of $10,000
- This is a category B felony when a deadly weapon is used but the victim has not sustained major injuries.
- From 2 to 10 years in Nevada State Prison
- Court costs, $35 assessment fee and mandatory fine of $10,000
Battery Domestic Violence (BDV) – With Deadly Weapons AND Major Injuries
- This is a category B felony when a deadly weapon is used and the victim sustains major injuries.
- From 2 to 15 years in Nevada State Prison
- Court costs, $35 assessment fee and mandatory fine of $10,000
Domestic Violence Penalties and Gun Ownership Rights in Nevada
In accordance with the federal Domestic Violence Offender Gun Ban law, anyone who has been convicted of a domestic violence misdemeanor in the state of Nevada is prohibited from buying, possessing, transporting, or using guns and ammunition. These restrictions can also apply to anyone who has a restraining or protection order placed against them, but this needs to be specified by the judge who issues the order.
Record Sealing & Gun Ownership Reinstatement
If you have been convicted of domestic violence, there may still be a way to have your gun ownership rights reinstated through a process called record sealing. To have your criminal record sealed, you must wait at least 7 years after your conviction or fulfill the full terms of your sentence and then file a petition with the court.
If you have been charged with a domestic violence crime and aren’t sure how to proceed or are interested in reinstating your gun ownership rights following a conviction in your past, we may be able to assist you.
Contact our offices today to speak with one of our knowledgeable attorneys about your possible options.
