Nevada has established strict laws to deal with domestic violence cases. However, the penalties for domestic violence depend on the specifics of your case. Some carry severe charges than others, with the most severe charges involving spending time in prison.
If you are arrested and charged with domestic violence, you should seek professional bail bond services to help you secure your release as soon as possible. This will help you focus on hiring an attorney and working together to guarantee your freedom. At Express Bail Bonds, we are committed to providing the best bail bond services to anyone arrested and charged with domestic violence in Las Vegas, NV. Read through this article and learn more about battery domestic violence in Nevada.
Penalties for Battery Domestic Violence without Aggravating Factors
Battery domestic violence with aggravating factors refers to any form of domestic violence abuse that involves abuse against pregnant women, use of deadly weapons, major injuries, and deadly weapons. It is usually abbreviated as BDV.
A first-time battery domestic violence without aggravating factors within seven years is a misdemeanor punishable by:
- Two days to 6 months in jail
- Community services for 48 to 120 hours
- Fines between $200 to $1,000
- A minimum of six months of weekly domestic violence counseling at your expense. These classes can go for 1.5 hours each, and the judge usually impose a 26-week program
Please note that the judge can suspend your jail time if you comply with other penalties imposed on you. The judge can also permit you to serve your jail occasionally as long as you spend time in a minimum of twelve consecutive hours.
A second-time offense within seven years is charged as a misdemeanor. However, it carries a little bit harsher sentence than a first-time offense. These penalties are as follows:
- Twenty days to six months of custody in county jail
- Community service for 100 to 200 hours
- Fines between $500 to $1000
- Attending a domestic violence counseling session for a minimum of twelve hours that last 1.5 hours
A third-time offense is a Category B felony, even when the incidence is minor. A conviction can lead to:
- Imprisonment for one to six years
- Fines between $1,000 to $5,000
Please note, subsequent BDV without aggravating factors is charged as a Category B felony if the defendant has a previous conviction for felony BDV or BDV using a deadly weapon. Penalties include two to fifteen years of imprisonment and fines of up to $5,000.
Penalties for Battery Domestic Violence with Strangulation
BDV by strangulation is classified as a Category C felony punishable by:
- One to five years of imprisonment
- A maximum fine of $10,000
Please note, it doesn’t necessarily matter whether the defendant has a history of domestic abuse conviction or the alleged victim was hurt to be charged with BDV with strangulation.
Penalties for Battery Domestic Violence with the Use of Deadly Weapon and Causing Serious Injuries
An incidence of BDV where no deadly weapon was used but resulted in substantial bodily injury on the victim is categorized as Category B felony:
- One to six years of imprisonment
- Fines that range between $1,000 to $5,000
However, BDV, where the alleged victim uses a deadly weapon but doesn’t cause severe injuries on the defendant, becomes Category B Felony with the following penalties:
- Imprisonment or two to ten years
- A fine of up to $10,000
An incidence of BDV where a deadly weapon was involved and caused substantial bodily injury on the victim carries the following penalties:
- Imprisonment for one to six years
- A fine that ranges between $1,000 to $5,000
Penalties for Battery Domestic Violence on a Pregnant Victim
An incidence of BDV on a pregnant victim is a gross misdemeanor for first-time offenders punishable by:
- A maximum of 364 days of custody in jail
- A maximum fine of $2,000
A subsequent conviction for this crime is classified as a Category B felony with the following penalties:
- Imprisonment for one to six years
- Fines that ranges between $1,000 to $5,000
Restraining Orders
Battery domestic violence victims can seek a restraining order against the abuser. A restraining order mandates the alleged abuser to keep off from the alleged victim and probably lose their firearm rights. In Nevada, a BDV victim can seek two types of restraining orders:
- A temporary protective order that lasts for a maximum of 45 days
- An extended protective order that lasts for a maximum of one year
A BDV victim can seek a restraining order on the abuser even before trial begins in a criminal court. However, an alleged abuser can schedule a court hearing in the family court after the trial starts to lift the protective order.
Meanwhile, you must honor specific orders that are imposed on you through the restraining order. Failure to do so, you’ll be accused and prosecuted with a misdemeanor that carries a maximum of six months of custody in jail and a maximum fine of $1,000.
Child Custody Issues as a Result of Battery Domestic Violence
Anyone convicted of BDV in Nevada is at risk of losing their child custody if a dispute arises. Family courts assume that it’s in the child’s best interest to be in the custody of a parent who has no criminal record or a history of domestic violence. That’s why it’s incredibly crucial to seek legal counsel to reduce or dismiss your BDV charges to avoid losing your custodial rights in the future.
Seeking Plea Bargains in Domestic Violence Charges in Las Vegas
In Nevada, judges don’t grant probation in BDV cases. However, prosecutors usually agree to plea bargains in exchange for pledging guilty to the charges made against you and waiving the right to a trial.
First-time offenders can seek a plea bargain and face the following less severe penalties:
- A fine of $430
- Community service for 48 hours
- Domestic violence counseling for 26 weeks
- A suspended jail sentence for thirty days that remain suspended as long as the defendant isn’t arrested, the case closes, or complies with all other sentencing terms
Please note, District Attorneys in Nevada cannot legally dismiss or reduce BDV charges unless they have weak evidence against the defendant.
Find a Las Vegas Bail Bonds Agent Near Me
Securing your freedom as soon as you’re arrested is crucial in building sound defense strategies that would help you reduce or dismiss your battery domestic violence case. A bail bond service provider guarantees enough time to work out your freedom and free enough money to cover your legal expenses. At Express Bail Bonds, we offer quality bail bonds services to anyone who’s arrested in Las Vegas, NV. Contact us today at 702-633-2245 to secure your freedom.
