What to Know About Domestic Battery
If you’ve been accused or charged, you might wonder what domestic battery is and what steps you should take next. The most important thing to understand is that just because you have been charged with domestic battery doesn’t mean you are found guilty or are arrested.
Understanding domestic battery charges will offer you an advantage in your case and help you seek legal help.
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What is Domestic Battery?
Domestic battery means any force or unwanted touching in a domestic relationship. It’s common to assume that domestic battery only happens if somebody gets physical injuries like a bruise or broken limb. However, even a rude or angry touch can cause a domestic battery charge.
Domestic battery is slightly different from domestic assault. For a domestic battery charge, the actual act of violence must be carried out. For a domestic assault charge, the victim has to feel threatened and understand that they could be seriously injured if the violent act is carried out. Because battery typically follows assault, the charges are often combined.
Can You Fight a Domestic Battery Charge?
Just because you are charged with domestic battery doesn’t mean that you will be convicted and face penalties. There are many situations in which a person may be charged with domestic battery, but that individual was doing nothing wrong. The person charged may have been acting in self-defense, or might even be set up by a vengeful spouse. In domestic battery cases, it’s important to realize that things aren’t always what they seem at first.
An experienced domestic violence defense lawyer will build a great defense and may be able to help you get your case dismissed before a trial is necessary. Some common defenses for domestic battery charges include:
- Self-defense. If a person acts to protect themselves or others, they have an affirmative defense to domestic battery charges.
- False allegations. Because domestic battery allegations happen between domestic partners, they are usually emotionally charged. One spouse could report a false act to get back at the other.
- Failure to prove guilt beyond a reasonable doubt. The prosecution must prove to the judge or jury that the act happened beyond a reasonable doubt. If they cannot do this, the defendant will be found not guilty.
Is Domestic Battery a Misdemeanor or Felony Crime?
If you’ve been accused, you’re probably curious about what a domestic battery charge’s penalties are. Domestic battery is usually a misdemeanor crime if a deadly weapon wasn’t used or injuries weren’t severe. However, if it’s the third domestic battery offense, a deadly weapon was used, or injuries were severe, then the domestic battery is a felony crime.
Misdemeanor Offenses
The maximum penalties for a first-time domestic battery offense in Nevada are:
- 2 days to 6 months in jail (often suspended if other terms are followed)
- 48–120 hours of community service
- $200–$1,000 in fines
- $100 program assessment fee
- At least 6 months of weekly domestic violence counseling classes paid for by the defendant
The maximum penalties for a second domestic battery offense within seven years are:
- 20 days to 6 months in jail
- 100–200 hours of community service
- $500–$1,000 in fines
- At least 12 months of weekly domestic violence counseling classes paid for by the defendant
Category B Felonies
A third domestic battery offense within seven years is a category B felony even if a deadly weapon wasn’t used and no injuries were severe. Maximum penalties include:
- 1–6 years in prison
- $1,000–$5,000 in fines
A domestic battery incident without severe injuries but that involves a deadly weapon is a category B felony. The penalties include:
- 2–10 years in prison
- $10,000 in fines
If the victim sustains serious injuries and a deadly weapon is used, the offense is a category B felony with penalties of:
- 1–6 years in prison
- $1,000–$5,000 in fines
Category C Felonies
If the domestic battery was committed by strangulation, it is a category C felony. The maximum penalties include:
- 1–5 years in prison
- Up to $10,000 in fines
A domestic battery incident involving severe injuries but no deadly weapon is a category C felony. The penalties include:
- 1–5 years in prison
- $10,000 in fines
Can Domestic Battery Charges Be Dropped?
In a Nevada domestic battery case, only the prosecutor can drop the charges. The alleged victim may be ordered to testify in court and they can’t drop the charges. This is because domestic battery is a crime governed by the state, and the state issues the charges.
However, the victim can file a civil suit even if a criminal charge is already filed. A civil offense would allow the victim to gain money for injuries and loss of wages. In a criminal case, guilt must be proven beyond a reasonable doubt. In a civil case, there only needs to be a preponderance of the evidence. Although the victim can’t drop the domestic battery charges in a criminal case, they can drop the charges in a civil case.
Is Child Custody Affected?
An allegation of domestic battery often influences a child custody battle between separated parents. When deciding on child custody cases, judges consider what is in the child’s best interest. One factor in this is if a parent has been charged or accused of domestic battery before.
Because domestic battery allegations may be false, the family law court holds a hearing to determine if there is clear and convincing evidence of domestic violence. If that evidence is found, the individual is presumed to be unfit for custody of the child.
Is Firearm Possession Affected?
You can’t legally possess a firearm if you have been charged with domestic battery. Owning a firearm is illegal for any previous felony conviction, and it’s also illegal for any conviction involving domestic battery.
This law has no exceptions, meaning that a person in the military, law enforcement, or security industry could be prevented from continuing their employment in that field.
If you have more questions about domestic battery, contact our team!
Although domestic battery convictions come with severe penalties and consequences, being accused doesn’t mean you will be charged. There are many ways to defend and even dismiss a domestic battery case. Contact our expert criminal defense lawyers today for a free consultation if you’ve been charged with domestic battery.