Sunday, October 19, 2014

Penalties of Battery Domestic Violence in Nevada

Domestic violence happens when people deliberately commit “battery” against their cohabitants, former or current spouse/partners, or family. Battery means any willful and unlawful use of force or violence upon the person of another. Common examples of battery are pushing, any kind of hitting, burning, poisoning, strangling or any other type of unlawful force.
The penalties of battery domestic assault in Las Vegas depend on the case that a defendant is facing.

1st Offense Penalties
A first offense of battery domestic violence within seven years includes penalties of:
·         A fine of $200 to $1,000
·         Jail imprisonment of 2 days to 6 months
·         48 to 120 hours of community service
·         A counseling about domestic violence at the defendant’s cost, for a minimum of 1 ½ hours/week (for 6 to 12 months)

2nd Offense Penalties
A second battery domestic violence within seven years includes greater penalties than the 1st offense.
·         10 days up to 6 months jail detention
·         a fine of $500 to $1,000
·         For 6 to 12 months, a required attendance to a domestic violence counseling for a minimum of 1½ hours/week paid by the defendant
·         community service of 100 to 200 hours
The first and second offense penalties are considered as misdemeanor provided that no deadly weapons, strangulation or any substantial bodily harm was involved.

3rd Offense Penalties
The third offense penalties within the seven year period fall under the category C felony in Nevada law.
·         An imprisonment of 1 to 5 years
·         Up to $10, 000 fines
If the battery case involves strangulation, substantial bodily harm, or any deadly weapon, it constitutes a felony and the defendant might face greater punishments.

Battery With Strangulation (Category C Felony)
·         one to five years jail time
·         Obligatory fine of $15, 000

Battery With Deadly Weapon but Without Substantial Bodily Harm (Category B Felony)
·         Jail detention of two to ten years
·         Obligatory fine of $10,000

Battery With No Deadly Weapon but with Substantial Bodily Harm (Category C Felony)
·         Up to five years of stay in prison
·         $10,000 obligatory fine

Battery With Deadly Weapon and Substantial Bodily Harm (Category B Felony)
·         Two to ten years jail imprisonment
·         $10, 000 mandatory fine

Note: All penalties include an administrative assessment fee of $35