Nevada Domestic Violence Battery by Strangulation Law

Nevada domestic violence battery by strangulation is considered one of the most severe forms of domestic violence. While “domestic violence” broadly refers to a variety of violent or abusive acts committed by one household member against another, battery by strangulation specifically involves the intentional restriction of air or blood flow by applying pressure on the throat or neck or by blocking the nose and mouth of the victim.

What Is the Statute of Limitations for Domestic Battery?

Nevada has specific time frames during which a case for domestic battery can be initiated. The statute of limitations (SOL) is typically one year for misdemeanors, including certain domestic battery offenses. However, for more severe forms of domestic battery, like battery by strangulation, the statute of limitations could be longer.

Consult with an attorney familiar with Nevada domestic violence laws to understand the exact time limits applicable to a particular situation.

If the statute of limitations for a specific crime is not met, the prosecution has not initiated the criminal case within the legally prescribed time frame. Here’s what happens and what options are available.

1. Dismissal of the Case

Once the SOL has expired, it acts as a bar to prosecution. If charges are brought after the SOL has lapsed, a defense attorney can motion for the case’s dismissal based on the expired SOL, and the court will typically dismiss the case.

2. Exceptions to the Rule

In some situations, the SOL can be “tolled” or suspended. For instance, if the accused left the state after committing the crime, the time they were out of state might not count towards the SOL.

3. Civil Lawsuits

Even if the SOL for criminal prosecution has expired, victims might still be able to sue the perpetrator in civil court for damages. While a civil suit doesn’t result in criminal penalties like imprisonment, it can yield monetary compensation for the victim. The SOL for civil cases might differ from that of criminal cases, so checking the relevant timelines is essential.

4. Options for the Accused

You should consult an attorney if you believe you might be charged with a crime and the SOL is approaching or has expired. The attorney can advise you on the likelihood of being charged, potential defenses, and whether the SOL has expired.

5. Options for the Victim

If the SOL has expired for a criminal case, victims should explore other avenues of justice and closure, like pursuing a civil case, seeking therapy or counseling, or engaging with support groups for survivors of domestic violence.

What Are the Penalties for Domestic Violence Battery by Strangulation?

The penalty for domestic violence battery by strangulation is a category C felony in Nevada, which means it can result in one to five years in prison and up to $10,000 in fines. The judge may not grant probation instead of prison time. This penalty is much more severe than a simple domestic battery, which is usually a misdemeanor with up to six months in jail or a fine of up to $1,000.

The increased penalty reflects the fact that strangulation is a very dangerous and potentially lethal form of violence that can cause brain damage, stroke, or death.

Are There Any Defenses to Domestic Violence Battery by Strangulation Charge?

Yes, several defenses might be raised against a charge of domestic violence battery by strangulation in Nevada. Common defenses include lack of intent, mistaken identity, false accusations, consent, or asserting that the act was in self-defense or defense of another person. The viability of each defense depends on the specific facts and evidence presented in each case.

Let’s dive deeper into each of the defenses against a charge of domestic violence battery by strangulation in Nevada.

Lack of Intent

For a conviction, the prosecution usually has to prove that the defendant intentionally strangled another person. If it can be demonstrated that the act was accidental or lacked any intention to harm, it could serve as a defense.

Example: Sam and Alex were playing around, and Sam held Alex’s neck in a playful gesture. If Alex felt endangered and reported it, Sam could assert that there was no intention to cause harm and it was just playful behavior.

Mistaken Identity

The accused may argue that they were not the one who committed the crime and they’ve been wrongly identified as the perpetrator.

Example: Lisa reports that she was strangled by someone who looked like her ex-boyfriend Mike. If Mike can prove he was elsewhere, he might use mistaken identity as a defense.

False Accusations

Domestic disputes can become emotionally charged, and sometimes, out of anger, jealousy, or revenge, one party may falsely accuse the other of battery.

Example: After a heated argument over custody, Carla accuses her ex-husband, Tom, of strangling her. If evidence surfaces that Carla had threatened to “make Tom pay,” or if there are inconsistencies in her story, it might indicate a false accusation.

Self-defense or Defense of Another Person

If the accused believed that they or someone else was in imminent danger, they might argue that the act was committed in self-defense or defense of another person.

Example: Jack claims that his girlfriend, Mia, tried to attack him with a knife and to disarm her and protect himself, he ended up putting pressure on her neck. If the evidence supports Jack’s narrative (like if Mia had a history of violence or if there were witnesses), then self-defense could be a viable defense.

Consent

In some situations, the accused may argue that the alleged victim gave consent for the act that led to the strangulation. It’s a less common defense and can be challenging to prove, especially since consent to acts that result in serious bodily harm may not be legally valid. However, in specific contexts or situations, demonstrating that the act was consensual can negate the criminal intent necessary for a battery charge.

Example: During an intimate encounter, both partners agree to a particular act that involves light choking. If one partner later claims battery by strangulation, the other can potentially argue that the act was consensual. However, this defense can be precarious, as the line between consensual acts and genuine harm is thin, and the court will prioritize safety.

In all these scenarios, the evidence at hand, witness testimonies, and the specific circumstances of the incident play a critical role. Domestic abuse lawyers in Nevada can assess the case’s specifics, guide the accused on the best course of action, and represent them in court to ensure they have a fair defense. If faced with such a charge, seeking professional advice early on is crucial.

Do I Need a Nevada Lawyer?

If you’re facing a charge of domestic violence battery by strangulation or any domestic violence-related allegation in Nevada, it’s crucial to consult with an experienced criminal defense attorney.

Seeking the right representation is vital to protect your rights and ensure the best possible outcome. For legal assistance, consider contacting a Nevada criminal lawyer through LegalMatch to guide you through this challenging legal journey.