Penalties for Domestic Battery – Second Offense
Consequences of a Second Domestic Battery Conviction in Nevada
Being convicted of a second offense domestic battery in Nevada carries significantly harsher penalties compared to a first offense. The law takes a progressive approach to domestic violence charges, meaning that the punishments increase with each conviction within a seven-year period. This page breaks down the penalties you may face if convicted of a second offense domestic battery and the long-term impact of such a conviction.
Mandatory Penalties for a Second Offense Domestic Battery Conviction
Nevada imposes mandatory penalties for individuals convicted of a second offense domestic battery. The court has limited discretion in these cases, and you can expect the following consequences:
Mandatory Jail Sentence
A second offense BDV conviction results in a minimum of 20 days in jail, with the potential for a sentence of up to 6 months. . This mandatory jail time is non-negotiable and reflects Nevada's tough stance on repeat domestic battery offenders.
Heavier Fines
Fines for a second offense range from $500 to $1,000, which is significantly higher than the fines for a first offense. These fines are in addition to any court costs, counseling fees, and community service costs that may be imposed.
Increased Community Service Hours
You will be required to complete at least 100 hours of community service for a second offense conviction. The court may impose even more hours depending on the circumstances of the case, such as whether children were present during the alleged incident or if any aggravating factors were involved.
Extended Counseling Program
The court will also require you to attend a domestic violence treatment program. For a second offense, this program typically lasts 12 months or longer, with mandatory weekly sessions. These counseling programs are designed to address behavioral issues and prevent future incidents of domestic violence.
Permanent Loss of Firearm Rights
One of the most significant consequences of a second offense domestic battery conviction is the permanent loss of firearm rights. Federal law prohibits anyone convicted of domestic violence, even at the misdemeanor level, from owning or possessing firearms. This is particularly impactful for individuals who rely on firearms for their careers, such as those in law enforcement or the military.
Protective Orders and Restraining Orders
A second conviction may result in a restraining order or protective order against you, prohibiting contact with the alleged victim. These orders can have a significant impact on your daily life, particularly if you share a residence or have children with the alleged victim. Violating a protective order is a serious offense and can lead to additional criminal charges.
Long-Term Impact on Child Custody and Visitation
If you have children, a second offense domestic battery conviction can jeopardize your child custody and visitation rights. Nevada courts are very cautious about awarding custody or unsupervised visitation to individuals with a history of domestic violence. You may face supervised visitation or lose custody altogether, depending on the details of your case.
Permanent Criminal Record
A second offense domestic battery conviction will remain on your criminal record for 12 years before it is eligible to be sealed. During this time, potential employers, landlords, and others conducting background checks will be able to see your conviction, which can affect your job prospects, housing, and other opportunities.
Aggravating Factors That Can Lead to Enhanced Penalties
While a second offense BDV charge is typically a misdemeanor, certain aggravating factors can lead to enhanced penalties, including the possibility of felony charges. Some of these factors include:
Use of a Deadly Weapon: The use of a deadly weapon during the incident will automatically elevate the charge to a felony, leading to more severe penalties.
Strangulation: Acts of strangulation are treated as especially dangerous in Nevada and can lead to felony charges, even if it's your first or second offense.
Serious Bodily Injury: If the alleged victim suffered serious injuries (defined in "Nevada as Substantial Bodily Harm" per NRS 0.060), you may face enhanced penalties, including longer jail time and higher fines.
How a Second Offense Conviction Affects Your Life
A second offense BDV conviction can have a profound impact on your personal and professional life, including:
Job Loss and Difficulty Finding Employment: Many employers are hesitant to hire individuals with a domestic violence conviction, especially if it is a repeat offense. A second conviction can also lead to the loss of professional licenses, especially in regulated industries.
Housing Issues: Landlords often conduct background checks, and a domestic violence conviction can make it difficult to find housing. Some landlords may refuse to rent to individuals with a history of domestic violence.
Impact on Personal Relationships: A second conviction can strain your relationships with friends and family, particularly if you lose visitation rights or custody of your children as a result.
Defending Against a Second Offense BDV Charge
While the penalties for a second offense are more severe, there are still defense strategies available. Some potential defenses include:
Challenging the Evidence: Your attorney may challenge the evidence presented by the prosecution, especially if there are inconsistencies in witness testimony or a lack of physical evidence.
Self-Defense: If you acted in self-defense, this could be a valid defense against the charges. Nevada law allows for the use of reasonable force to protect oneself or others.
False Allegations: In some cases, domestic battery accusations are made falsely, often in the context of a divorce or custody battle. Your attorney will investigate the allegations and work to expose any inconsistencies or ulterior motives.
Why You Need an Experienced Attorney
Given the severe penalties associated with a second offense domestic battery conviction, it's crucial to work with an experienced defense attorney like Josh Tomsheck. As a nationally board-certified criminal trial attorney and former Chief Deputy District Attorney, Josh Tomsheck has a proven track record of defending clients against domestic battery charges. His in-depth knowledge of Nevada law and courtroom experience make him well-equipped to handle even the most complex cases.
A second offense domestic battery conviction can lead to severe penalties and long-term consequences. Don't leave your future to chance—contact the law firm of Hofland & Tomsheck today to schedule a consultation with Josh Tomsheck. With his experience and dedication, Josh Tomsheck can help you navigate the legal process and fight for the best possible outcome in your case.
