Jan 16 2013

Domestic Violence in Nevada

Domestic violence is defined by the city of Reno as, “ … a violent crime committed in the context of an intimate relationship. It is a crime involving the use of power, coercion and violence to control another.” Furthermore, “Domestic violence is different from other random crimes because a perpetrator and victim are not strangers. Instead they are intimate partners, family members or parents of common children. This relationship, therefore, binds a victim to his or her perpetrator.”

In Nevada (and the rest of the country), domestic violence most commonly occurs between a man and a woman who are intimately involved and usually living together—with the man being the perpetrator and the woman being the victim in the vast majority of cases. Domestic violence also commonly occurs between a parent and their child and even an adult child and their elderly parent or grandparent.

Ongoing Domestic Violence
When a victim is continually abused by their perpetrator, and the perpetrator exhibits a pattern of attempted control over the victim, it can be categorized as “ongoing domestic violence.” The perpetrator may use a variety of tactics to control the victim. These include, but are not limited to, coercion, violence, deprivation, threatening deprivation and threatening violence. In situations of ongoing domestic violence, it is common for the abuse to escalate in intensity as the pattern continues.

Is Domestic Violence a Misdemeanor or a Felony?
A domestic battery conviction can be classified as either a misdemeanor or a felony based on a number of criteria, including the amount of bodily harm caused, the perpetrator’s past record of domestic violence and whether or not weapons were involved. If weapons were used, it typically escalates the severity of the charge. In Nevada, generally, if a weapon—such as a firearm, knife, baseball bat, etc.—was used during the domestic violence, the crime can be elevated from a misdemeanor to a felony. If the incident did not involve a weapon and the victim’s injuries were not significant, the crime can be charged as a misdemeanor, which carries a maximum penalty of a $1,000 fine and/or 180 days in jail.

If you have been involved in a domestic violence incident, you need first-rate representation. Domestic violence charges can be stringent, especially if you are charged with felony domestic violence. I am an attorney exclusively focused on criminal defense, and I am confident I have the experience necessary to provide you with the best possible defense in your domestic violence suit. Contact my office today to schedule a confidential consultation. 775-785-9116.

Resources
“Domestic Violence Resources.” City of Reno. www.reno.gov/
“Domestic Violence.” City of Las Vegas. http://www.lasvegasnevada.gov/information/659.htm

Posted in: Criminal Law Posted by: John B. Routsis

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