Is Domestic Violence a Felony in Nevada?

If you’re facing domestic violence charges in Nevada, you’re probably wondering about the potential consequences. One of the questions we hear is: “Is domestic violence a felony in Nevada?” The answer, like many things in law, isn’t a simple yes or no.

In Nevada, domestic violence can be charged as either a misdemeanor or a felony. The severity of the charge depends on several factors, including the nature and extent of injuries, whether weapons were involved, and your prior criminal history. Let’s break it down.

Misdemeanor Domestic Violence in Nevada

For first and second offenses, domestic violence is typically charged as a misdemeanor in Nevada, assuming there are no aggravating factors.

A misdemeanor domestic violence conviction can result in:

• Up to 6 months in jail
• Fines up to $1,000
• Community service
• Loss of gun rights

Don’t let the term “misdemeanor” fool you. These penalties can still have a significant impact on your life, career, and future opportunities.

When Domestic Violence Becomes a Felony in Nevada

So when does domestic violence cross the line into felony territory? There are several scenarios:

1. Third or Subsequent Offense

If you have two prior domestic violence convictions within the past seven years, a third offense will automatically be charged as a Category B felony.

This carries:

• 1 to 6 years in state prison
• Up to $5,000 in fines

2. Domestic Violence Resulting in Substantial Bodily Harm

If the alleged incident resulted in substantial bodily harm, is also charged as a Category B felony, even for a first offense.

3. Domestic Violence with a Deadly Weapon

Using a deadly weapon in a domestic violence incident is a Category B felony. This is the most serious domestic violence charge in Nevada, carrying:

• 2 to 10 years in state prison
• Up to $10,000 in fines

Other Factors That Can Elevate Domestic Violence Charges

While not always resulting in felony charges, certain factors can increase the severity of domestic violence penalties:

• Violating a protective order
• Committing the offense in front of a child
• Committing the offense against a pregnant victim

These aggravating factors can lead to enhanced penalties, even for misdemeanor charges.

The Long-Term Impact of Domestic Violence Convictions

Whether charged as a misdemeanor or felony, a domestic violence conviction can have far-reaching consequences beyond the immediate legal penalties. These may include:

• Loss of gun ownership rights (even for misdemeanors)
• Difficulty finding employment or housing
• Impact on child custody arrangements
• Immigration consequences for non-citizens

That’s why it’s crucial to fight these charges aggressively from the start, regardless of whether you’re facing misdemeanor or felony charges.

Defenses Against Domestic Violence Charges in Nevada

Just because you’ve been charged with domestic violence doesn’t mean you’ll be convicted. There are several potential defenses we can explore, depending on the specifics of your case:

• Self-defense or defense of others
• False accusations
• Lack of evidence
• Violation of your constitutional rights during arrest or investigation

We’ve had cases where charges were reduced or dismissed entirely by challenging the evidence or demonstrating that our client was actually the victim, not the aggressor.

The Importance of Experienced Legal Representation

Given the complex nature of domestic violence laws in Nevada and the serious potential consequences, it’s absolutely crucial to have an experienced criminal defense attorney on your side.

At Benjamin Durham Law Firm, we have a deep understanding of Nevada’s domestic violence laws and a track record of successfully defending clients against these charges. We know how to investigate these cases thoroughly, challenge the prosecution’s evidence, and fight for the best possible outcome.

Don’t Wait to Get Help

If you’re facing domestic violence charges in Nevada, whether misdemeanor or felony, time is of the essence. The sooner you contact us, the sooner we can start building your defense.

Remember, an arrest is not a conviction. With the right legal strategy, it’s possible to have charges reduced, dismissed, or to be acquitted at trial.

Don’t let domestic violence charges derail your life. Contact Benjamin Durham Law Firm today for a free, confidential consultation. We’ll review the details of your case, explain your options, and start working immediately to protect your rights and your future.

Don’t face these serious charges alone. Reach out to us now, and let’s start fighting for your freedom.