Friday, January 15, 2016

Domestic Violence Overview

Domestic violence in Las Vegas

Domestic Violence in the State of Nevada is taken very seriously by the courts. 

Domestic Violence is defined as any force or violence inflicted upon a person to whom you:
  1. are dating, or;
  2. are related to by blood, or;
  3. are living with in the same residence (yes, this includes a roommate relationship!!), or;
  4. have children with, or;
  5. are married to.
If two people who meet ANY ONE of those conditions get into a physical altercation, odds are someone is going to be charged with Domestic Violence. If you are charged with Domestic Violence, you will be arrested and you will be taken to jail. State Law mandates that you spend at least 12 hours in jail. This is meant to be a "cooling off" period. Domestic Violence prosecution takes place EVEN IF THE VICTIM REFUSES TO PRESS CHARGES, RECANTS TESTIMONY OR BEGS FOR THE PERPETRATOR TO NOT BE ARRESTED! The State of Nevada will press charges on behalf of an uncooperative victim and the perpetrator will still be prosecuted. 
The first offense is considered a misdemeanor. A third offense within 7 years of the 1st offense is a Felony. However, even a misdemeanor conviction for Domestic Violence can have long-lasting consequences. Anyone who has been convicted of Domestic Violence, for example, is legally prohibited from owning or possessing any firearm at any time. This is also retroactive. If you have a large and expensive firearm collection, one DV Conviction will mean that you have to dispose of all of your guns! If you're ever caught with a firearm after a DV Conviction, you will be arrested as a "Prohibited Person in Possession of Firearm". This is a FELONY CHARGE (NRS 202.360-1)

A new law went into effect a little while ago creating a new crime called "Battery - Domestic Violence - Strangulation". This is a very serious crime. If the "strangulation" enhancement comes into play, the crime immediately becomes a Felony and the punishment is very severe - per State Law, this is a non-probationable offense! Simply put: If you are convicted of Battery - DV - Strangulation, you WILL be sentenced to prison without the possibility of probation in lieu of serving time.  

If you have been accused of Domestic Violence, in any form, you need to immediately seek legal representation!

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