A Battery Domestic Violence charge in Las Vegas, Nevada can range from a Misdemeanor to a Felony depending on the circumstances and resulting injuries. For one to be charged with Battery constituting Domestic Violence there must be two elements present. First, there must be the Battery, which is considered the use of force or violence against another. Second, there must be a “domestic relationship” between the person being charged and the alleged victim, to constitute domestic violence. Nevada Revised Statute “NRS” 33.018 defines a “domestic relationship” for the purposes of Domestic Violence as any spouse, former spouse, any person related by blood or marriage, any co-habitant or roommate, any person whom one is or has had a dating relationship with, any person one has had a child with, and any minor child of any of the previously mentioned persons.
The definition of Domestic Violence is very broad and unlike in movies, Domestic Violence is not exclusively a charge brought when there is violence between a husband and wife. The domestic relationship element is very important, because although a Simple Battery with no domestic relationship is a serious charge, a domestic violence conviction generally carries harsher penalties, creates the stigma that you abused a family member or loved one, takes away your 2nd Amendment right to own a firearm, and is a stain on any background check for future employment.
A common myth that defendant’s believe will alleviate them of all responsibility and charges, is when the alleged victim does not want to “press charges”. In Las Vegas, Nevada the Prosecutor is the one pressing charges and can and will pursue the case against you, regardless of whether the victim wants to “press charges”. For this reason and many others, you cannot walk into court without an experienced criminal defense attorney to defend you on such a serious matter. Las Vegas Criminal Defense Attorney Michael A. Troiano will effectively defend you on a Battery Domestic Violence charge, whether it is a Misdemeanor Domestic Violence 1st, Domestic Violence 2nd, or a Felony Domestic Violence 3rd, Battery Domestic Violence with Strangulation or Domestic Violence with Substantial Bodily harm.