Four Instances that can turn a First-Time Domestic Battery Charge into a Felony

 

As far as convictions go, a first-time domestic battery charge isn’t too bad. On top of just a short jail stay, the fines are relatively cheap, and the other obligations aren’t too heavy. All in all, a defendant can go through their sentence without much trouble.

Remember that things can easily come to a head in such cases, however. A little bit of evidence or a surprise testimony can easily transform the charge into a more serious one, making it more difficult for the defendant to get a dismissal or not-guilty verdict. Let’s look at 4 cases that can turn a first domestic battery charge into a felony.

Strangulation

Domestic battery cases often involve the use of bare hands and/or feet to inflict physical pain on a victim. The damage is fairly visible at first glance and can lead to a conviction if a sure link to the defendant can be determined. However, if neck damage due to strangulation is confirmed, the battery case is automatically escalated to a felony charge. Strangulation may involve bare hands or any device that can be wrapped around the neck, like rope.

Use of a Deadly Weapon

A battery remains a battery if the offender only used a part of their body to inflict injuries on the victim. However, if they use an item that puts the victim at risk of death, the first offense automatically escalates to a felony. Examples of deadly weapons include knives, heavy blunt objects, or guns.

Substantial Bodily Harm

Battery cases are still considered misdemeanors if the victim sustained relatively light injuries. That is, the injuries did not interfere with their everyday functions. However, if the victim actually suffered enough that their body was temporarily or permanently prevented from functioning normally, that constitutes a count of substantial bodily harm. Such situations automatically merit a felony charge for the defendant.

Previous Domestic Violence Convictions

Some felony charges come into effect automatically when the defendant is a repeat offender. In the case of a domestic battery charge, the defendant must have had at least two prior convictions for related charges in the past. This only comes into effect if the previous verdicts were handed down within the past seven years.

Felony domestic battery charges can be difficult to defend against, but they can be overcome. Get in touch with a veteran domestic violence lawyer in Las Vegas to represent you.

Five Factors to Justify Self-Defense in Las Vegas

 Nevada’s statutes allow citizens to defend themselves if they are threatened by another person, even if they have the chance to escape. The state is one of several others with a stand-your-ground-with-no-duty-to-retreat law, which can dismiss a criminal charge so long as the act was committed in legitimate self-defense. However, the defendant must be able to justify it as such; otherwise, they can be convicted as normal.

There are at least five factors to justify self-defense in Las Vegas. These factors are listed below:

The Defendant Was Not First

Self-defense implies that another party acted first. In this case, an act can be justified as self-defense if the defendant was not the one who initiated hostilities. The defense must prove that the aggressor acted first, either by threatening the defendant and clearly showing intent to do violence, or by immediately attacking the defendant.

Immediate Threat

Self-defense implies that there was an imminent threat looming. The defendant must prove that the other party intended to harm or kill them at the time of the act. Without the intent to immediately harm, the defendant may come off instead as being excessively paranoid and acting aggressively without observing the situation first.

Right to the Domain

The defendant must prove that the act was committed in a location where the defendant had the right to act in self-defense. This usually involves their home or workplace. This factor can come into play in situations where the intent to immediately harm is not readily apparent from the assailant. Home and office invasions usually fall under this category.

Not Related to a Crime

The defendant must prove that they were not accosted by the aggressor while the former was committing a different crime. For example, if the aggressor assaulted the defendant while they were in the act of stealing another person’s car, the defendant cannot claim that they were acting in self-defense. Domestic violence and cases and sex crimes can also fall under this category.

Proportionate Force

An act of violence can only count as self-defense if it was proportionate to the aggressor’s initial hostility. The aim must always be to incapacitate the aggressor and promptly remove the threat they pose to the defendant. Going above and beyond that is grounds for a charge of aggravated assault. Should the aggressor die in the attempt, the defendant must prove that the aggressor posed a serious enough threat that deadly force was the only reasonable way to deal with them. Otherwise, the defendant risks facing a homicide or murder charge, depending on the circumstances.

These factors alone do not determine whether or not an act of self-defense is justified. Nonetheless, they offer a clear picture of how state courts define self-defense. Keep these in mind if you ever end up in such a situation in the future.

Can Date Rape Happen to Males?

A sexual assault such as rape does not choose victims. The possible victims of this crime extends beyond a particular gender, race, or status. Simply put, we can all be victims of rape. Having said that, it is definite that it is women who are mostly victimized by rape but male rape victims do exists. And some of them are victims of date rape in Nevada. Read on this post to learn how and why date rape can happen to men.

 

What is date rape in Nevada?

As it name suggests, date rape happens during a date between two people or a get-together of a group. Common places this occurs in are restaurants, bars, and even fraternity and sorority houses.

Date rape is a forceful sexual penetration without consent of the victim during a date or a party. And what makes date rape different from other sexualassault in Las Vegas is it usually done by drugging or making sure that the victim was intoxicated to the point that they cannot refuse the sexual act. Horror stories of date rape include the perpetrator slipping club drugs to the victim’s drink to induce quick confusion and even loss of consciousness.

What happens when a male is a victim of date rape?

While the victims of date rape in Nevada is predominantly female, we cannot exclude the fact that male victims can exist with most of them probably not speaking out due to social stigma. Just last year, a male college student from Michigan claimed that he was drugged and assaulted during a party. The reports of male date rape victims are small in numbers but they are there.

A simple date in Las Vegas could lead to date rape. This is why it is important that you become vigilant as you can either be the victim or the accused. Just like any other victim of date rape, a male victim must go to the authorities and report the incident. Nevada is growing when it comes to protection of victims of abuse and the state do not discriminate on the gender. Men will absolutely be helped by the law and organizations against rape.

Now, if you are the accused of raping a male—whether you are a woman, a man, or of any gender preference, you must immediately get the aid of a Las Vegascriminal defense lawyer to help avoid charges.

 

What are the penalties for date rape in Nevada?

Date rape in Nevada is punishable by the same punishments given to people found guilty of standard sexual assault. This means a category A felony and the consequences could escalate depending on the victim’s age, injuries, and the criminal background of the rapist.

What to do to avoid date rape conviction?

With your legal representation, you must think of defenses that are in line with your side of the story. Here are some examples of defenses to use:

• There is consent – through text messages, audio recordings, video footages, and even eyewitness accounts, you could argue that the plaintiff actually agreed to sex during your date in Las Vegas
• No date rape drugs are found in the system of the plaintiff
• You didn’t have sex – with the help of medical testimony, you could present that no actual sex happened
• You were actually the victim of rape – the plaintiff was actually the perpetrator himself

A date rape is arguably one of the worst violentcrimes in Nevada and the rest of the country as it is a betrayal of trust and a mistreatment of one’s body and soul. Aside from being the culprit, men can be victims of date rape too and it is high time we learn more of this problem. 

What is Provocation in Nevada Manslaughter?

For a defendant to be tried for voluntary manslaughter in Nevada, they must be provoked to an extent that they cannot contain their intense rage towards a person. Provocation is one of the essential elements the court looks into to decide if the person is guilty of either a voluntary manslaughter or involuntary manslaughter which has heavier penalties than the former.

In this post, we will learn more about this type of Nevada murder homicide and how provocation is legally defined.

 

What is manslaughter in Nevada?

There are two types of manslaughter in Nevada. First is the involuntary manslaughter where the killing of a person was done accidentally and without malice although death is expected during the act. The second form of manslaughter is voluntary manslaughter, where the person was driven by passion in committing the murder. Both manslaughter cases entail weighty felony charges and guarantee a prison time of one to 10 years.

 

What counts as provocation in Nevada?

One key element in proving that a Nevada murder homicide is, in fact, a voluntary manslaughter is the provocation done to the defendant. This can be a serious bodily harm or an event that triggers extreme emotional response such as adultery.

It cannot be voluntary manslaughter if there was a “cooling off” period in the entirety of the crime, even if the defendant was first provoked. For example, a neighbor throws a brick to the head of a man’s son. Out of rage of the son getting hit, the man killed the neighbor a week after the encounter. This is simply premeditated murder. Voluntary manslaughter is also called a “heat of passion” crime because it thrusts the person to a blind killing rage after the provocation.

Now, the Nevada Revised Statutes (NRS) section 200.490 provides provocation definition as “a sign or gesture” meant to disrupt peace. When it comes to Nevada murder homicide cases, provocation can go beyond signals and be something actually hurtful to the defendant. NRS 200.040 states that provocation must be “sufficient to make the passion irresistible, or involuntary, in the commission of an unlawful act.”

A lot of people commit voluntary manslaughter in Nevada due to uncontainable violent impulse. If you believe that this is your case, get the aid of a Las Vegas criminal defense attorney who is well-versed about types of manslaughter in the state to ensure that you do not get convicted at all!