DV and DUIs are the most serious misdemeanor crimes in the state of Nevada. A conviction of first-time offense carries mandatory jail time (2 days to 6 months) however there were important 2019 Changes To Nevada’s Domestic Violence Laws. When we resolve the matter we can usually work around the jail time and with get the DA to waive it or have the client to community service instead. It is my understanding that DV incidents are the most prevalent for the police, approximately 40% of the 911 calls to the police involve domestic violence. Both DV and DUIs are progressive crimes if you are convicted within 7 years of a prior offense. The penalties are stiffer. Mandatory jail time of at least 10 days. Also, a third time DV or DUI carries a mandatory, non-probationable prison sentence.
In Nevada, domestic violence is generally a violent confrontation between two people who are related by blood or marriage or who are dating or living together. (However, the law recently changed and confrontations between siblings are not considered domestic violence anymore, just simple battery) The confrontation may involve hitting, pushing, assault, threats, or emotional abuse.
The penalties for first time domestic violence are imprisonment for two days to six months, 48 to 120 hours of community service, 26 sessions of domestic violence counseling and a fine of between $200 and $1,000. As stated above additional convictions within 7 years have harsher penalties
In Nevada, until recently there is no right to a jury trial for all misdemeanors. However, the law recently changed. On September 12th, 2019, in the case of Christopher Anderson. The Nevada Supreme court ruled that the offense of misdemeanor domestic violence is a serious offense and the right of a jury trial is triggered. Nevada Law now limits the right to bear arms for a person convicted of misdemeanor domestic violence.
This a huge benefit for Defendants. A jury will probably be more sympathetic to the facts of the offense.: the prior history, the credibility of witnesses and other factors that judges may discount. The district attorneys handle jury trial all the time. But the City attorneys do not. This puts the city at a disadvantage. The City of Las Vegas has reacted by not charging domestic violence anymore, just simple battery which does not limit the right to bear arms. This means if one is convicted there is no requirement that one attend 26 weeks of domestic violence counseling an no limitation by the State of one’s right to bear arms.
If one is convicted of a felony such as a third time domestic violence or battery domestic violence by strangulation there are much more severe penalties, including prison time. For these reasons, it is crucial that those accused hire an experienced criminal defense lawyer. At Yampolsky & Margolis Criminal Defense Las Vegas, we have successfully handled hundreds of DV cases, both misdemeanors and felonies. Call us if you have any questions at (702) 385-9777, visit us here, or send us a message on our contact form.
To learn more about domestic violence in Nevada and how our firm can help you, please read more about domestic violence cases here.