Nevada laws are both strict and specific when it comes to filing charges against an individual for either Misdemeanor or Felony Domestic Battery Violence.
According to NRS 200.485, the legal term for this offense in Nevada is “Misdemeanor Battery Constituting Domestic Violence.” However, this offense is most commonly referred to as DBV. In order to be charged with DBV, a domestic relationship must exist between the defendant and the victim.
Domestic relationship is defined under Nevada laws as:
- Two parties that are married, or were married at some point in time
- Two parties that share a child with one another
- Two parties that are related to one another by either marriage or blood
- Two parties that cohabitate with one another
- Two parties involved in a sexual or romantic relationship with one another
- The child of the defendant or a child that the defendant has been appointed as a legal guardian
Domestic Battery Violence charges are filed according to Nevada laws when two elements exist in an act of battery:
- Using unlawful force against another individual’s body
- Using said force intentionally
There are two possible reasons why a defendant may be charged with Felony Domestic Violence Battery, as opposed to Misdemeanor Domestic Violence Battery, according to Nevada laws. One reason is if strangulation or substantial bodily injury is involved. The second reason is if the defendant already has two convictions of Misdemeanor DBV within the past seven years.
There are a few common reasons DBV charges can be dropped, including:
Self-defense: The accuser may have been injured as a result of the accused defending themselves in a physical altercation between the parties.
Lack of intent:
Accidental injuries could possibly be misconstrued by law enforcement.
False accusations: It is not uncommon for an accuser to claim DBV in order to gain leverage in a highly contested divorce or custody dispute.
Your chances of getting your charges dropped depend on whether your attorney can present a strong legal defense. Law enforcement act based on information presented to them at the scene of the incident, as well as the 911 call. Important information may be overlooked as a result, including information that may prove the innocence of the accused. Nevada laws have very specific elements that must be met in order to be convicted of DBV. A skilled attorney knows the applicable laws and how to help their clients avoid being convicted for DBV.
Ace Law Group has years of experience in defending DBV cases. They are familiar with the Nevada laws pertaining to DBV and will work with the defendant to construct the strongest possible defense. If you have been charged with Domestic Battery Violence in Nevada, you should immediately contact Ace Law Group to discuss the details of your case and help protect your rights. Ace Law Group is highly skilled in matters involving DBV and they have a high success rate in helping clients fight these types of charges.