Criminal Law News

Domestic violence implicates a wider range of offenses beyond simple battery.  Acts, which constitute domestic violence, include any of the following:

• A battery;
• An assault;
• Compelling the other by force or threat of force to perform an act from which she has the right to refrain or to refrain from an act which she has the right to perform;
• A sexual assault;
• A false imprisonment;
• Unlawful entry of the other’s residence, or forcible entry against the other’s will if there is a reasonably foreseeable risk of harm to the other from the entry;
• A knowing, purposeful or reckless course of conduct intended to harass the other including, but is not limited to:

(1) Stalking.

(2) Arson.

(3) Trespassing.

(4) Larceny.

(5) Destruction of private property.

(6) Carrying a concealed weapon without a permit.

(7) Injuring or killing an animal.

As stated in the Nevada Revised Statutes, domestic violence includes a much broader range of offenses than simple battery.  Domestic violence can include an unlawful entry into the alleged victim’s residence or other harassing conduct.

Penalties for Domestic Violence According to the Nevada Revised Statutes

A person convicted of a first offense of domestic violence in Nevada must be sentenced to a minimum of two days jail time, and a maximum of six months jail time, in the Clark County Detention Center.  A person convicted of a first offense domestic violence also must be sentenced to 48 hours, but not more than 120 hours, of community service.  Additionally, a first offense domestic violence carries a fine of up to $1,000, and requires up to 6 months of domestic violence counseling.

A second offense of domestic violence within a seven year period carries a minimum of 10 days jail time, 100 hours of community service, and a year of Las Vegas domestic violence counseling.

A third domestic violence offense within seven years is punishable as a Category “C” felony and carries a prison sentence of up to 5 years.

Prosecutor’s Lack of Discretion in Dismissing Domestic Violence Charges

Unfortunately, under the Nevada revised Statutes, a prosecutor lacks discretion in dismissing or reducing domestic violence charges unless your attorney can uncover a legal or factual problem with the case and demonstrate clearly that the case cannot be readily proven.

According to the Nevada Revised Statutes, NRS 200.485(7), if a person is charged with committing a battery which constitutes domestic violence, a prosecuting attorney “shall not” dismiss such a charge, or plead down the charge to a lesser charge or for any other reason unless the prosecutor knows, or it is obvious, that the charge is not supported by probable cause or cannot be proven at trial.

The above language, combined with the often, overzealous prosecution of domestic violence cases by prosecutors, is a recipe for disaster.  You need to look for ways to protect yourself and have your side of the story represented fairly.  Make sure to find an experienced Las Vegas attorney.  Otherwise, you are sure to pay high penalties and serve jail time.