Contrary to popular belief, domestic violence is not limited to just abuse. A person can still be charged with domestic violence or even be charged with a separate crime if they have committed the following crimes. If you have been accused of any of the following crimes under domestic violence, you will need a Las Vegas domestic violence lawyer to help you.
Kidnapping
Kidnapping is the unlawful seizing of a person against their will, whether they are aware of it or not. In domestic violence cases however, it will only apply if it involves close relatives, spouses or partners, and children. There are two degrees of kidnapping and both carry severe penalties if found guilty.
First degree kidnapping covers most situations involving kidnapping: from ransom, imprisonment, confining a minor away from their legal guardian, or as a prelude for further crimes (murder, rape, etc.), all falls under first degree kidnapping. This is a category A felony.
Second degree kidnapping is similar to first degree kidnapping, but it also includes situations where the “victim” is detained or kept from leaving the state, or is taken out of the state against their will. This is a category B felony.
Endangerment
Endangerment mainly falls under the abuse and neglect of children statutes, but it also plays a part in domestic violence cases. In particular, the abuse is a domestic violence case if they intentionally abused the minor, or they willfully neglected the child, which in turn caused their injuries or sexual abuse. This is a category A or B depending on the context of the crime.
Criminal coercion
In Nevada, it is unlawful for a person to compel or force another to do or abstain an act if they have the right to do so. Many acts fall under criminal coercion:
- Using violence to inflict injury upon another person or family member, or upon another person’s property. Aside from committing the action, threats of violence also falls here
- Depriving a person from using a tool, implement, or clothing
- Intimidating a person through threats or force
This is a category B felony if physical force or the threat of physical force is apparent, otherwise, this is a misdemeanor.
False imprisonment
False imprisonment is the unlawful violation of the personal liberty of another person, usually through confinement or detention without legal authority. While highly similar to kidnapping, false imprisonment usually doesn’t involve moving the “victim” to another location. This crime is a gross misdemeanor or a category B felony depending on the circumstances, although it will usually be classified as category B if it involves a person being harmed or injured.
A criminal defense lawyer may be able to clear you of your domestic violence charge, but only an experienced Las Vegas criminal defense lawyer can defend you from allegations of domestic violence and other related crimes.
Resources:
- http://www.flickr.com/photos/craigloftus/4674465711/
- https://www.leg.state.nv.us/NRS/NRS-200.html
- https://www.leg.state.nv.us/NRS/NRS-207.html