Common battery domestic violence cases in Las Vegas already hold weighty charges. If the court finds out that it actually is a battery with a deadly weapon then expect for even weightier punishments to be imposed. In Las Vegas and the entirety of Nevada, this is a customary rule and the court will bring down charges with a firm hand.
One major reason for this is because domestic violence in the city of Las Vegas continues to be a usual problem. To curb it, stringent regulations are enforced. If you know someone or you yourself are entangled with this particular case, read this article to be fortified with much-needed information.
What counts as a battery with a deadly weapon in Nevada?
As written in the Nevada Revised Statutes (NRS) 200.481, battery means wilfully committing acts or force of violence to another person and it would turn into a battery domestic violence in Las Vegas when it is carried out in a domestic setting. So repeatedly hitting your spouse is considered as a battery domestic violence in Nevada.
Now this particular charge could get even worse when there is a use of a deadly weapon. But what kinds of deadly weapons used in domestic violence should determine if it is actually battery with a deadly weapon offense? You might think that a deadly weapon is only limited to knives and guns but any type of object that could be used to incur serious injuries to the victim is considered a deadly weapon. A chair, a pot, a pencil, and other items are all deadly weapons if used in the act of threat or direct assault.
What are the penalties for battery with a deadly weapon in Nevada?
Still according to NRS 200.481, when there is a deadly weapon used during a battery domestic violence in Nevada, a category B felony charge should be in order. And the type of punishments will depend on the situation.
If the defendant had a deadly weapon but the victim suffered no substantial bodily harm then the penalties of the category B felony should be two to 10 years in the Nevada State Prison and fines of $10,000. On the other hand, if substantial bodily harm was sustained due to the use of a deadly weapon, the prison term will be bumped up to two to 15 years with the same amount of fines.
Additional prison time would also be added if the defendant was a probationer or a parolee.
What are the defenses against battery with a deadly weapon charge?
To prove a battery with a deadly weapon case in Nevada, the prosecutor would need solid evidence of the weapons used in domestic violence or any other analogical pieces of evidence that point to the use of it so one defense to use was the absence of a deadly weapon.
You could argue that no deadly weapon was found that could relate to you or there are none of your fingerprints are found on the objects in the supposed area of the crime, or there are no broken glass or something similar in the vicinity of your home that you could have used as a deadly weapon.
If this defense cannot work, you could also use the self-defense angle. For example, the alleged victim was coming at you with a weapon herself and you have no choice but to arm yourself. When there is the presence of wounds in the plaintiff, you could contend that they are self-inflicted or came from an accident and the complainant was using it to accuse you.
Domestic violence in Las Vegas is a heavy issue. Hitting or assaulting your family members, especially with the use of a deadly weapon is a crime because no matter how you see it, it is an attempt to inflict injury or ultimately end their lives. If you do not mean a battery with a deadly weapon offense or completely innocent of the act at all, you need the guidance of a Las Vegas criminal defense attorney to secure your freedom!