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Battery Domestic Violence in Nevada
Battery Domestic Violence is defined as willfully and unlawfully committing an act of force or violence upon either: (NRS 33.018 and NRS 200.485)
Willfully: requires something more than incidental or accidental touching or force
Unlawfully: an act of force or violence that is lawful is when done in self-defense of yourself, another person, or your property
An act of force or violence: can include even minor force such as grabbing ones arm, pushing, or spitting
Punishments if found guilty of Battery Domestic Violence.
NRS 200.485 gives the punishments for Battery Domestic. Battery Domestic Violence is an enhanceable misdemeanor offense for a period of Seven years. This means that for the first misdemeanor conviction there is a mandatory statutory range of punishments, however, if you get a second conviction within the seven year period the punishments are statutorily increased, essentially doubled, and if you get three within seven years it becomes a felony with mandatory prison time. If convicted the judge can sentence you anywhere between the following ranges:
First Offense within 7 years (misdemeanor)
Second Offense within 7 years (misdemeanor)
Third Offense within 7 years (Category C Felony)
Can I still carry a firearm if I get a Battery Domestic Violence conviction?
No! Even though Battery Domestic Violence is a misdemeanor you need to take the charge very seriously as a Battery Domestic Violence convictions will cause you to lose your Second Amendment right to bear arms. You should never plead guilty to Battery Domestic Violence just to get out of jail. The Lautenberg Amendment [18 USC Section 922(g)], a federal law, states that you can be prosecuted for a felony if you are found in possession of a firearm and you have a prior conviction of Battery Domestic Violence.
Can a Battery Domestic Violence charge be negotiated?
NRS 200.485 states that a Battery Domestic Violence charge cannot be dismissed or reduced to a lesser charge by the District or City Attorney unless the charge is not supported by probable cause or cannot be proved at the time of trial. This is why it is so important to have a knowledgeable and aggressive attorney to represent you. It is usually not advisable to negotiate a battery domestic violence charge prior to the day of trial. As your attorney, I will prepare your case for trial rather than to negotiate because an attorney ready for trial, if necessary, ends up with the best result.