lin law group
Battery
Battery means any willful and unlawful use of force or violence upon another person.
Committing battery upon a person to whom you are related by blood, marriage; a person with whom they were actually residing; a person with whom they have had, or is having a dating relationship; a person with whom they have had a child in common; the minor child of any of those persons, the minor child or any person who has been appointed the custodian or legal guardian of the minor child.
Neither Nevada or the federal government takes this charge lightly. You should retain an attorney for this matter. Even a misdemeanor conviction for this charge carries mandatory jail time. In addition, this conviction can cause the loss of custody of your children, loss of employment, and can subject you to deportation.
Whether you are a man or a woman, if you are convicted of domestic violence in Nevada, this creates a presumption that you are unfit to be the primary custodian of your own children. This means that you can lose custody of your children to the parent who, for 5 years, has maybe only spent every other weekend with them. This is not something you or your children deserve.
Further, under federal law, you cannot ever legally carry a firearm if you have a domestic violence conviction. If you are in the military or a member of law enforcement, this is usually the end of your career. In other fields which require special licensing, this conviction can cause you to lose and/or prevent you from renewing that license.
In Nevada, it does not matter whether the so-called victim does not want to prosecute the domestic violence charge. Once the police have arrested a person for domestic violence, the prosecutor must proceed with prosecution. The law dictating prosecution often makes it difficult to resolve your domestic violence case.
First Offense
Up to 6 months but not less than 2 days in jail. Fines and assessments totaling not less than $200.00 and not more than $1,000.00 plus court costs. Up to 120 hours of community service and not less than 48 hours. Domestic Violence Counseling sessions one time a week (1 ½ hrs) for not less than 6 months; or more than 12 months at the participant’s expense. The fine for the assessment program is $100
Second Offense
Up to 6 months but not less than 10 days in jail. Fines and assessments totaling not less than $500.00 and not more than $1,000.00 plus court costs, up to 200 hours of community service and not less than 100 hours. Domestic Violence Counseling sessions one time a week (1 ½ hrs) for 12 months at the participant’s expense.
Third Offense
1 to 5 years in Nevada State Prison. A possible fine of not more than $10,000.00 plus assessments The third offense becomes a felony, which is non-probationable.
Consequences
If the assault is made with a deadly weapon, imprisonment in the state prison for a minimum of 1 year and a maximum of 6 years, with a fine of not more than $5,000 may result.
If battery results in substantial bodily harm to the victim, imprisonment in the state prison for a minimum term of not less than 2 years and a maximum of not more than 15 years may result.
If convicted of domestic violence, a person may be obligated to pay for and participate in the following:
- Marital Counseling
- Domestic Violence Counseling
- Anger Management
- Alcohol Classes
Restraining orders and jail time is often the result even when both parties do not want these consequences to take place.
If you are currently charged with domestic violence, or if you are suffering loss of employment, family, or deportation due to a domestic violence conviction, it is not too late.
