If convicted of a Domestic Violence first Offense in Nevada, one can be sentenced to a maximum of six months in jail, in addition to fines, community service and weekly domestic violence counseling sessions. The Sixth Amendment of the United States Constitution guarantees the accused a right to a trial by an impartial jury, but only to “serious offenses”. “There is nothing so severe in those penalties, considered together, as to clearly indicate a determination by the Nevada Legislature that this is a serious offense to which the right to a jury attaches,” the justices in their ruling held.
In addition to the penalties handed down by the court for a domestic violence conviction, one loses their right to own and possess a firearm, and depending on their immigration status, they could be deported. Additionally, a conviction can be used against a parent in a custody court proceeding. The Nevada Supreme court stated that these were “collateral consequences” to a Domestic Violence conviction which did not trigger a right to a jury trial. This does not take into account that a conviction stays on one’s record for seven years, and will negatively affect their ability to pass any background check for employment.
All of these consequences are extremely serious in my opinion, and any accusation of violence, let alone domestic violence, is a very serious accusation, to which an accused should have the right to have a jury of their peers.
-Michael A. Troiano, Esq.
sources: http://www.reviewjournal.com/news/nevada-supreme-court-no-right-jury-trial-domestic-violence-case
