In Nevada, battery is any unlawful and willful use of violence or force on an individual. A battery charge depends on the type of force used against an individual to cause an offensive contact or physical injury. A battery charge can result between strangers or family members.
What Does Domestic Violence Battery Mean in Nevada?
Domestic violence battery refers to the non-consensual harmful contact between people related to each other. It can be actual physical contact, such as a punch or a slap, or it can be committed through the use of an object, such as hitting someone with a kitchen tool or a hairbrush.
What Is Domestic Violence?
Domestic violence is behavior used by a person to control another individual. The behavior may occur one time or be repeated throughout their interaction. The relationship required between the victim and the perpetrator for the behavior to be domestic violence may be parent-child, siblings, spouses, ex-spouses, relatives, co-parents who are not together as a couple, roommates, or a dating couple. The control in a domestic violence relationship may vary from:
- Name calling
- Assault, or the threat of immediate physical harm
What Does Non-Consensual Mean?
Non-consensual refers to a person not obtaining consent to use unauthorized force on an individual. For instance, an individual may give implied or expressed permission to be hit while pretending to fight. If a person hits them, they cannot claim that the action was battery because the consent to be hit existed.
Is Domestic Violence Constituting Battery and Simple Battery the Same Charge?
No. They are both misdemeanor charges, but they are separate. Simple battery is the non-consensual harmful contact between people. The type and extent of the injury is not taken into account, nor is the relationship between the perpetrator and the victim. Domestic violence constituting battery is the same type of physical contact as simple battery, but between people who are related or otherwise connected in a familial, residential, or romantic sense.
What Is the Penalty for a Domestic Violence Battery in Nevada?
The punishment for a first offense of domestic violence battery in Nevada is:
- Two days to six months in county jail
- $200 to $1,000 fine
- Community service for 48 to 120 hours
However, if the defendant has already received one conviction for battery constituting domestic violence in the past seven years, then the punishment for a second conviction is:
- 100 to 200 hours of community service
- A fine consisting of $500 – $1,000
- 10 days to six months in jail
For a third offense or more offenses of battery constituting domestic violence in the same seven-year period, the crime becomes a category C felony. The punishment for a category C felony can be up to:
- Five years in prison
- Both a prison sentence and a fine
Anyone who is convicted of battery constituting domestic violence for the first or second time during a single seven-year period will also be required to participate in weekly counseling sessions that they will have to pay for on their own.
Can an Attorney Help Me with My Battery Charge?
Being convicted of a domestic violence-related battery is a very serious matter. Not only can it lead to jail time, but you could also be stuck with going to, and paying for, counseling sessions for a year. Thus, it is your best interest to get a Nevada criminal attorney to assist you in your case. A lawyer can help you fight your battery charge and resolve your case in your favor.