Understanding Penalties for Battery Domestic Violence (BDV) in Nevada
A Comprehensive Guide
Battery domestic violence (BDV) is one of the most frequently charged offenses in Nevada. It's a serious crime, with harsh penalties that can have a lasting impact on your life. Whether it's your first offense or you've been charged before, the consequences of a BDV conviction can affect your freedom, your family, and your future. Nevada's legal system takes domestic violence charges very seriously, and the penalties vary depending on the severity of the offense, prior convictions, and the specific circumstances of each case.
At Hofland & Tomsheck, Josh Tomsheck, a nationally board-certified criminal defense lawyer and former Chief Deputy District Attorney, has extensive experience defending individuals against BDV charges. In this guide, we'll explore the different types of BDV charges in Nevada and break down the penalties you could face if convicted.
What is Battery Domestic Violence in Nevada?
Battery domestic violence involves any physical force or unwanted touching used against someone with whom the accused has a domestic relationship. This can include spouses, romantic partners, co-parents, family members, or even roommates. Under Nevada Revised Statutes (NRS) 200.485, the law does not require serious injuries for a BDV charge—any forceful or offensive physical contact can qualify as domestic battery.
Penalties for Battery Domestic Violence in Nevada
The penalties for BDV depend on a range of factors, including whether it's a first, second, or subsequent offense and the nature of the alleged violence. Nevada's penalties for domestic battery are divided into misdemeanor and felony categories, with escalating consequences for repeated offenses or aggravated circumstances.
First-Time Offense BDV (Misdemeanor)
A first-time BDV charge is generally considered a misdemeanor, which may seem like a minor charge, but it comes with significant penalties:
• Jail Time: A first-time conviction for BDV can result in up to six months in jail. However, a minimum mandatory jail sentence of two days must be served, with no possibility of a suspended sentence for this initial period.
• Fines: Offenders may be fined between $200 and $1,000, depending on the circumstances of the case and any aggravating factors.
• Mandatory Counseling: Nevada law requires those convicted of BDV to complete 26 to 52 weeks of domestic violence counseling. Failure to attend these classes can result in additional penalties, including more jail time.
• Community Service: Judges may also impose community service requirements, usually 48 to 120 hours.
• Loss of Gun Rights: Federal law prohibits individuals convicted of misdemeanor domestic violence from owning or possessing firearms. This is a lifetime ban that could severely impact your personal and professional life.
Though this is considered a misdemeanor, the consequences can be long-lasting. A conviction could result in difficulty finding employment, housing issues, and social stigma.
Second-Time Offense BDV (Misdemeanor)
A second BDV charge within seven years is also treated as a misdemeanor but carries stiffer penalties than a first-time offense:
• Jail Time: A second conviction for BDV comes with a minimum of 10 days in jail, and the maximum sentence remains at six months.
• Fines: The fine range remains the same, between $500 and $1,000, but courts are often less lenient when imposing fines for a second offense.
• Extended Counseling: Counseling requirements are extended, and the individual must attend 52 weeks of domestic violence counseling.
• Community Service: The community service requirement increases to a minimum of 100 hours.
• Permanent Loss of Gun Rights: As with a first-time offense, a second BDV conviction also results in the permanent loss of gun rights.
A second conviction within seven years is a strong indicator that the court may impose harsher penalties and stricter probation conditions, given the repeat nature of the offense.
Third-Time Offense BDV (Felony)
Once someone is convicted of BDV for the third time within seven years, the charge becomes a category C felony. This is a serious escalation in penalties:
• Prison Time: A third BDV offense carries 1 to 5 years in Nevada State Prison. Unlike the misdemeanor penalties, this is a significant amount of prison time, and there is little flexibility for alternative sentencing.
• Fines: Fines for a felony BDV conviction can be as high as $10,000.
• Counseling and Community Service: Even though the offense is now classified as a felony, counseling and community service requirements typically still apply. Courts may impose a full year of counseling and a high number of community service hours, in addition to the prison sentence.
• Permanent Felony Record: A felony conviction can have devastating effects on your life. It can disqualify you from various jobs, housing opportunities, professional licenses, and more.
A third-time offense for BDV signals to the courts that the accused is a repeat offender, making it much harder to seek leniency during sentencing.
Battery Domestic Violence (Felony)
In certain situations, a BDV charge can be upgraded to a felony, even if it's a first or second offense. Aggravating factors that can result in felony charges include:
1. BDV with Substantial Bodily Harm:
• If the alleged victim suffers substantial bodily harm, the offense is automatically charged as a category B felony, regardless of whether it's a first or second offense.
• Penalties for a BDV charge involving substantial bodily harm include 1 to 6 years in Nevada State Prison and fines.
2. BDV by Strangulation:
• Domestic battery by strangulation is treated as a category C felony and carries 1 to 5 years in prison.
• Even if there are no other injuries, the act of strangling is considered highly dangerous and often indicative of a pattern of escalating violence, leading to harsher penalties.
3. BDV of a Pregnant Victim:
• Domestic battery committed against a victim who was pregnant at the time of the battery and the person charged knew or should have known that the victim was pregnant, makes the allegation more serious.
• For a first offense it becomes a Gross Misdemeanor and for second or subsequent offense it becomes a Category C Felony, punishable by 1-6 years in Nevada State Prison.
4. BDV with a Deadly Weapon:
• Domestic battery with an allegation of a Deadly Weapon is treated as a category B felony and carries 2 to 10 years in the Nevada Department of Corrections.
• Even if there are no other injuries, the use of a Deadly Weapon is considered more serious because of the risk it causes and dangerous nature of weapons.
5. BDV with a Previous Felony:
• If a person has previously been convicted of a felony that constitutes domestic violence pursuant to NRS 33.018; a battery which constitutes domestic violence with the use of a deadly weapon, or a violation of the law of any other jurisdiction that prohibits the same or similar conduct as those and who commits a new BDV is facing a category B felony, punishable by 2-15 years and a $5,000 fine.
NOTE: all domestic violence felonies in Nevada are non-probationable, meaning if you are convicted of one of them, you CANNOT get probation and you MUST be sentenced to a sentence in Prison.
How Attorney Josh Tomsheck Can Help
If you've been charged with battery domestic violence in Nevada, understanding the penalties you face is just the beginning. You need an experienced defense attorney who can fight for your rights and help you avoid the severe consequences of a BDV conviction.
Josh Tomsheck has years of experience defending clients against domestic violence charges, using his background as a former Chief Deputy District Attorney to craft strategic defenses that anticipate the prosecution's moves. Whether you're facing misdemeanor or felony charges, Josh Tomsheck will work tirelessly to reduce your penalties, seek alternative sentencing, or even have your case dismissed.
The consequences of a BDV conviction are life-changing, and you deserve a strong defense. Contact Hofland & Tomsheck today for a confidential consultation and get the representation you need to protect your future.
