Domestic Battery Causing Substantial Bodily Harm (SBH)
A domestic battery that results in substantial bodily harm is upgraded to a Category C felony.
SBH, as defined by NRS 0.0600, occurs when the injury causes:
- A substantial risk of death
- Serious or permanent disfigurement
- Prolonged impairment or loss of function of any limb or organ
- Prolonged pain
This classification complicates the legal process, as demonstrating the severity and causation of injuries requires detailed medical records and expert witness testimony. Successfully defending against such charges often depends on disproving the claimed level of harm or challenging the link between alleged injuries and the accused.
Types of Domestic Violence Charges We Handle
Domestic violence is a complex category of criminal charges in Nevada, encompassing a wide range of potential offenses. Each charge requires a distinct defense strategy tailored to the specific facts of the allegation. At Goodman Law Group, we provide our clients with tailored legal solutions specific to the unique nature of their situation.
Our firm handles domestic violence charges where the underlying alleged offense includes:
- Battery, including battery with the use of a deadly weapon. Physical harm or an unwanted touch in a domestic setting may result in a battery charge. A battery with a deadly weapon charge requires a comprehensive defense strategy that examines the legitimacy of weapon classification and the context of use.
- Child Abuse. Accusations of child abuse are harshly prosecuted and can carry long-term repercussions, including permanent damage to your reputation, even if you are not convicted.
- Coercion. In domestic violence cases, coercion can include pressuring a partner to remain in a relationship, making unwanted decisions, or controlling their actions through fear. Disproving coercion often involves challenging the credibility of evidence and testimony used to infer intent.
- Domestic Battery by Strangulation. A battery charge may be escalated when strangulation is involved, leading to extended jail time if convicted. Medical expert testimony is frequently required to determine the extent and significance of the injuries involved.
- Possession of a Firearm. Possessing a gun in a domestic violence case can elevate the charges and potential penalties.
- Protective Restraining Orders. Contesting a protective order or defending an individual against an alleged violation requires a nuanced understanding of the law.
- Stalking, physical or digital. Cyberstalking claims have increased with the rise of online platforms, and the law has evolved to address these concerns. Defendants may face severe penalties and long-term restrictions if convicted.
- Substantial Bodily Harm. When domestic disputes lead to significant injuries, the accused may face charges of causing substantial bodily harm. The nature of these injuries and the event's circumstances play a critical role in determining the outcome. Such charges bring higher stakes, as they are often felonies with severe sentencing guidelines.
Self-Defense, Lawful Resistance & Consent
Self-defense is justified under NRS 200.275 when a person reasonably believes they are about to be attacked and uses reasonable and necessary force.
Notably, this statute provides that making a threat of bodily injury is not considered battery or assault when done under specific circumstances. The actor must be defending themselves, an occupied home or vehicle, or another person. This defense must be done against someone who intends to commit a crime of violence upon them or another person.
The person engaged in self-defense does not have to attempt to retreat if they:
- Are not the primary aggressor
- Are lawfully in the place where the act occurred
- Are not involved in criminal activity at the time of defense
“Lawful resistance” under NRS 193.230 protects a person during a public offense when injury is likely. Thus, individuals can resist an attack on themselves or a family member. Additionally, resistance is lawful when an individual is acting to prevent an illegal attempt by another person to take or damage their property.
Consent can be a valid defense in domestic violence cases when it is clear that the alleged victim willingly permitted the actions in question. For instance, if both parties mutually agreed to engage in a physical altercation, or the alleged victim’s words or actions implied consent, this can undermine the prosecution's case. Establishing consent as a defense requires compelling evidence, such as witness statements, text messages, or video recordings, that corroborate the mutual agreement or lack of malicious intent.
Also, domestic violence charges cannot stand when the alleged actor accidentally causes injury or inflicts unintentional harm. A well-prepared defense can highlight inconsistencies in the allegations or the absence of intent to commit harm.
Have you been charged with domestic violence in Las Vegas? Contact Goodman Law Group today to connect with our Las Vegas domestic violence lawyer!
What Are the Penalties for Domestic Violence in Nevada?
The penalties for domestic violence in Nevada are severe, reflecting the state’s goal to prevent all forms of abuse. A knowledgeable domestic violence lawyer Las Vegas residents trust can help you understand the risks and consequences, which may include:
- First Offense. Misdemeanor with potential penalties of up to six months in jail, fines up to $1,000, mandatory attendance in a counseling program, and community service. The impact of even a first-time conviction can include a permanent criminal record and potential loss of employment.
- Second Offense. Misdemeanor with harsher penalties, including up to six months in jail, higher fines, more extended counseling programs, and increased community service. Repeat offenses are seen as an escalation in behavior and are treated more severely by courts.
- Third Offense. Classified as a Category C felony, with penalties including one to five years in state prison and substantial fines. A felony conviction also brings additional repercussions, such as loss of voting rights and challenges in gaining housing opportunities.
- Aggravated Circumstances. Enhanced penalties apply in cases involving severe injury, use of a deadly weapon, or violation of a restraining order.
- Protective Orders. The accused may also be subject to restraining orders, which limit their ability to contact the alleged victim and impact their daily life.
Penalties Related to Firearm Possession After a Conviction
Possession of a firearm after a conviction for domestic violence in Nevada is a Category B felony under NRS 202.360, regardless of whether the firearm is loaded or operable. It is also important to note that one is also guilty of a Category B felony under NRS 33.030 if they possess a firearm when bound by the terms of an extended protection order.
Domestic Violence Accusations, Unfair or Not?
If you have been charged with domestic violence, be prepared – you are already at a disadvantage right from the start. Your Las Vegas domestic violence defense attorney will remind you that facing a domestic violence charge puts you in a worse position than other charges because of the circumstances involving you and the alleged victim. This disadvantage often stems from the immediate implementation of protection orders and societal perceptions attached to domestic violence allegations.
History of Domestic Violence or Crime
The prosecution will likely tell the jury about the defendant’s history of domestic violence or crime, if any. They use this strategy to build a narrative about the defendant’s character, even if it was for a separate crime, alleging that the defendant can commit domestic violence because of fallacious reasoning.
Television programs and movies also do not help the defendant because they may paint the defendant as the “bad guy” or a liar just because they have committed a crime in the past. Such portrayals can unfairly influence public perception and jury decisions by perpetuating stereotypes.
Ignoring the “Victim’s” Violent History
Some judges have ruled in the prosecution’s favor by suppressing evidence about the alleged victim’s violent history, saying they are doing this to protect the alleged victim and that this trial is about the defendant.
Even if the defendant has prepared evidence that supports their assertion of self-defense, all of it may become useless if it is suppressed. It highlights the importance of a thorough discovery process and pre-trial motions to argue for such evidence's admissibility.
No Reconciliation
The prosecution will try their utmost to stop the complaining victim from reconciling with the defendant under the guise of protecting them. They do this by issuing protection orders so they cannot contact each other and by submitting the victim to a victim witness coordinator, which can convince them that they are victims. Such measures are intended to prevent intimidation but can also complicate genuine reconciliation and mutual understanding attempts.
Recanted Testimonies Can Be Used as Evidence
Because of the many supposed advancements in domestic violence psychology, anything can be used as evidence against the defendant. For example, if the victim changes their story, domestic violence experts can claim that they’re a victim if they change it because they were “traumatized” by the event. If the victim sticks to their story, they can still claim that they were traumatized.
These psychological interpretations can create a complex dynamic in court, where stability and change in testimony can be used to infer guilt.
Additional Charge of “Dissuading the Witness”
If the defendant calls the alleged victim to reconcile, this can be taken as evidence against them for dissuading a witness. This possibility illustrates the importance of carefully navigating post-charge interactions and maintaining adherence to legal restrictions throughout the legal process.
Misconceptions
One of the misconceptions about domestic violence is that it is more likely for men to commit domestic violence compared to women when, actually, the statistics have been skewed.
Men are less likely to report their partners because they might be seen as weak or unmasculine. On the other side of the same coin, women are always looked at as the victims because they are “innocent and physically weak” when they could be abusing their partner through other means.
These stereotypes can lead to biased legal outcomes where stereotypes guide perceptions rather than facts. If the defendant is a woman, another misconception is that women are unreliable witnesses because they are too emotional or misandrist. Such biases must be addressed to ensure fair and impartial treatment in legal proceedings.
What are My Rights After Being Arrested?
If you’ve been arrested for domestic violence, it’s important to understand your rights and the steps you should take. Here’s a general overview of your rights after such an arrest:
Right to Remain Silent
You have the right to remain silent and not answer any questions from police or prosecutors beyond providing basic identification. Anything you say can be used against you in court.
Right to an Attorney
You have the right to consult with a lawyer before answering any questions and during all stages of the legal process. If you cannot afford one, a public defender will be appointed to represent you.
Right to a Fair and Speedy Trial
You are entitled to a fair trial and to be tried within a reasonable time. You can challenge evidence, question witnesses, and present your defense.
Right to Bail
In many cases, you have the right to request bail or bond to be released from custody pending your trial. Conditions of bail may include staying away from the alleged victim.
Right to Know the Charges
You have the right to be informed of the specific charges against you.
Right to Present Evidence
You can present evidence, call witnesses, and cross-examine the prosecution’s witnesses.
Why Choose Our Domestic Violence Lawyer in Las Vegas
At Goodman Law Group, we recognize the profound and sensitive nature of domestic violence charges. Our experienced Las Vegas domestic violence attorney can protect your rights throughout the legal process. We approach each charge understanding that such accusations carry serious consequences and require diligent and compassionate representation.
When you choose our firm, you can expect:
- Compassionate and personalized legal representation
- A thorough investigation of your situation
- Strategic defense strategies tailored to your specific situation
- Clear and open communication to keep you informed
Aggressive advocacy to protect your rights and pursue a favorable outcome in court, focusing on short-term and long-term impacts.
Our Commitment to the Las Vegas Community
As part of the Las Vegas community, Goodman Law Group recognizes this region's unique demographic and cultural landscape, and we tailor our approach to fit the distinctive needs of our community. Whether dealing with local law enforcement protocols or courtroom practices, our experience with local legal proceedings is invaluable to those we serve.
Our proven history of success and positive reviews from past clients demonstrate our commitment to providing exceptional legal representation in domestic violence charges.
Dealing with domestic violence charges in Las Vegas requires a skilled and knowledgeable defense lawyer with deep local insight. A Las Vegas domestic violence attorney at Goodman Law Group can provide the experience and dedication needed to navigate the complexities of your situation.
Attorney Goodman is a board certified trial attorney with over two decades of experience in the field. His practice is founded on trust and respect, values derived from his background in the Marine Corps.
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