Domestic Violence Laws in Nevada
As in most states throughout the country, in Nevada, law enforcement officers and prosecutors take domestic violence crimes extremely seriously. While most domestic violence crimes are misdemeanor offenses, individuals who get convicted can still face months of prison time, severe fines, probation, and community service. They can also face restraining orders that prohibit them from having contact with their family, and in cases involving children, can face loss of custody and visitation. A domestic violence conviction can affect your immigration status as well.
Nevada’s Domestic Violence Laws – Domestic Violence Defined
Nevada has two primary domestic violence laws:
- NRS 33.018, which defines domestic violence for purposes of issuing of restraining orders; and
- NRS 200.485, which defines the crime of domestic violence.
For purposes of criminal punishment, NRS 200.485 refers back to the definition of domestic violence in NRS 33.018. Thus, we can focus our discussion on the provisions of NRS 33.018.
Under Nevada law, each of the following crimes can be charged as domestic violence when committed against the perpetrator’s spouse or former spouse, any other person related by blood or marriage, any person with whom the perpetrator resides, or anyone with whom the perpetrator has a child or “dating relationship”:
- Assault
- Battery
- Coercion by force or threat of force
- False imprisonment
- Sexual assault
- Unlawful or forcible entry into the victim’s home against their will if there is a reasonably foreseeable risk of harm
In addition, the following offenses can be charged as domestic violence if committed in order to harass any of the persons listed above:
- Carrying a concealed weapon without a permit
- Destruction of private property, including arson
- Injuring or killing an animal
- Larceny
- Stalking
- Trespassing
Nevada’s Domestic Violence Laws – Punishment for Conviction
If convicted of a crime of domestic violence, the punishment you are facing will depend on the specific nature of the offense and whether you have a criminal history for domestic violence offenses. Under NRS 200.485:
- For a first offense within seven years, punishment can include up to 180 days in jail, 120 hours of community service, a $200 to $1,000 fine, and counseling.
- For a second offense within seven years, punishment can include up to 180 days in jail with a 10-day minimum, up to 200 hours of community service with a 100-hour minimum, a $500 to $1,000 fine, and counseling.
- For a third or subsequent offense within three years, you will be facing a category C felony. This means that the punishment can include a one to five-year prison sentence and a $10,000 fine.
For certain offenses, the penalties can be more severe than those listed above, and you may be facing a felony for a first-time offense.
Speak with a Domestic Violence Defense Lawyer at De Castroverde Law Group
If you are facing charges of domestic violence, you should contact a lawyer immediately. At De Castroverde Law Group, we provide experienced, aggressive representation for individuals facing criminal charges throughout Nevada. To speak with one of our lawyers about your case, contact us online or call (702) 222-9999 today.