Is Domestic Violence a Felony? 

Often, individuals experiencing domestic violence get physically and emotionally torn down to the extent that they may not see a way out of their situation. Abusers may also manipulate individuals into believing they are worthless and don’t have the same rights as others. At De Castroverde Personal Injury & Accident, we want you to know this is categorically false. Victims of domestic violence and abuse deserve respect, compassion, and justice.

The legal team at De Castroverde Personal Injury & Accident wants to help guide people experiencing domestic violence through the legal process and advise them of their rights. In most cases, people experiencing domestic violence get cut off from sources of support and information.

The personal injury attorneys at De Castroverde Personal Injury & Accident want you to know that if you are involved in a domestic violence situation, help is available. Contact our Las Vegas, Nevada, to discuss your situation and learn how to document the abuse and remove yourself from a dangerous situation.

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What Is Domestic Violence? 

The Nevada Attorney General’s Office defines domestic violence as a violent crime committed within an intimate relationship. Domestic violence often involves control, manipulation, coercion, threats, or physical violence to exert control over another person, a romantic partner, a family member, or children. Unfortunately, the intimate relationship between the victim and their abuser makes seeking help challenging because the victim may rely on the economic support or perceived emotional support of the abuser.

Types of Domestic Violence

Part of the problem with domestic violence is the public perception that domestic violence only occurs when there is physical abuse. Unfortunately, abuse comes in many forms and can impact men, women, and children. Some of the most common forms of domestic violence include:

  • Rape or Sexual Assault – An intimate relationship does not give one partner the right to have non-consensual sexual relations with their partner. Rape, non-consensual sexual contact, and pressured sexual acts constitute a form of domestic violence.
  • Spousal Abuse – Spousal abuse occurs between two intimate partners, regardless of marital status. Spousal abuse typically occurs when a dominant partner exercises extreme control over their partner through physical or sexual violence, verbal abuse, financial abuse, threats, or destructive acts.
  • Child Abuse – Child abuse occurs when a parent, grandparent, or caregiver physically, emotionally, or verbally assaults a minor.
  • Elder Abuse – Often, elder abuse is perpetrated by family members and caregivers, including physical, emotional, financial, and sexual abuse.
  • Stalking and Cyber Stalking – Stalking and cyberstalking are also forms of domestic violence. Stalking happens when victims fear for their life or safety because of persistent harassment. Cyber-stalking occurs online when an abuser sends threatening or harassing messages or texts to a victim. It can also encompass digital activities such as accessing a victim’s email or social media accounts.

Is Domestic Violence Considered A Felony?

In Nevada, domestic violence, legally referred to as battery domestic violence, is typically a misdemeanor offense. However, when battery domestic violence includes using deadly weapons, strangulation, or causing significant injuries, it can become a felony offense. These are sometimes known as aggravating factors.

Battery domestic violence involving substantial bodily harm or using a deadly weapon are category B felonies. Battery domestic violence involving strangulation in Nevada is a category C felony.

Criminal Penalties for a Domestic Violence Conviction 

The penalties for battery domestic violence in Nevada vary. Whether an individual has previous domestic violence convictions on their record and the circumstances of the incident can influence the potential criminal penalties an abuser may face. Penalties can include:

Battery domestic violence 1st offense, no aggravating factors:

  • Fines between $200 to $1,000
  • Two days to six months in jail
  • Six months of weekly counseling
  • 48 to 120 hours of community service

Battery domestic violence 2nd offense, no aggravating factors:

  • Fines between $500 and $1,000
  • 20 days to 6 months in jail
  • One year of weekly counseling
  • 100 to 200 hours of community service

Battery domestic violence 3rd offense, no aggravating factors:

  • Fines between $1,000 and $5,000
  • One to six years in Nevada State prison

Battery domestic violence with aggravating factors or with strangulation:

  • Fines up to $10,000
  • One to five years in Nevada State prison

You Could Be Entitled to Compensation

Many domestic violence survivors do not understand that they may also be able to hold an abuser accountable for their actions in civil court. While the state prosecutes criminal cases in Nevada, as a victim, you may pursue compensation for your injuries through a civil lawsuit.

A domestic violence civil lawsuit is a case brought by a victim against an abuser seeking financial compensation for losses like medical expenses, lost wages, and pain and suffering. Criminal and civil complaints are two entirely different legal cases. An experienced Las Vegas personal injury attorney can review your situation, advise you of your legal rights, and outline your options for seeking compensation.

How to Document Domestic Violence 

Building a case against an alleged abuser can feel daunting and overwhelming. However, resources and support systems are in place to help you document domestic abuse and remove yourself from a dangerous situation. Pieces of evidence that can help you build a case may include:

  • Verbal testimony from witnesses
  • Medical documentation of injuries
  • Photographs of injuries
  • Police reports
  • A personal diary
  • Phone or text messages
  • Emails or social media messages

The most vital thing to remember is that you are not alone. You may feel conditioned to believe no one loves you or can help. Abusers isolate their victims from friends, family, and external support systems. Consider reaching out to:

You don’t deserve what you are going through. You are worth helping. Help is available.

Contact a Nevada Personal Injury Attorney for Help Protecting Your Rights 

Domestic violence can put you in a dark and lonely place. At De Castroverde Personal Injury & Accident, we want you to understand that you have legal options and help is available. Our compassionate Nevada personal injury attorneys have the knowledge and resources to help you build a brighter future. Remove yourself from a dire situation and seek the compensation and justice you deserve.

Contact the Las Vegas, Nevada, team at De Castroverde Personal Injury & Accident for a case evaluation. We are proud to be one of the city’s first Spanish-speaking law firms.