Any domestic battery accusation can lead to serious charges being made against you by the state. Depending on the circumstances and number of offenses in a seven year period a person can spend a large portion of their life in jail. One single domestic battery incident involving a deadly weapon, even if no actual bodily harm occurs, carries with it penalties sometimes more severe than a third domestic battery conviction. Nevada Revised Statutes (NRS) 200.485 and 200.481 cover the definitions and penalties associated with a domestic battery incident involving a deadly weapon which results in no substantial bodily harm. This charge is listed as a Category B felony. This is much worse than domestic battery involving strangulation or three domestic battery convictions in seven years each of which is only charged as a Category C felony. Domestic battery with a deadly weapon resulting in no substantial bodily harm carries several severe penalties.
Domestic battery charges stemming from the use of a deadly weapon will ruin a person’s life. The alleged victim need not even sustain serious bodily harm for the penalties to apply in this case. We at the Law Offices of Garrett T. Ogata want you to have an experienced lawyer on your side. We will strive to have the best outcome possible.
Any type of charge stemming from an alleged domestic battery incident can have serious repercussions on the life of the accused. Usually it takes three domestic battery convictions in a seven year period for a person to be charged with a Category C felony which carries far more harsh penalties than any misdemeanor conviction. Domestic battery which results in substantial bodily harm is a different case altogether. Here at the Law Offices of Garrett T. Ogata we want to make sure that you understand how serious these charges can be. Nevada Revised Statutes (NRS) 200.485 and 200.481 deal with the definitions and penalties of domestic battery incidents which result in substantial bodily harm. The alleged crime is charged as a Category C felony and is therefore just as severe as obtaining three domestic battery charges within a seven year period. The penalties are severe.
- As with all domestic battery incidents there is a thirty-five dollar administrative fee applied.
- If convicted a person can be fined up to $10,000 on their first offense.
Domestic battery involving substantial bodily harm also brings with it the possibility of serious prison time. For a first offense a convicted person can serve between one and five years in the state prison system. This penalty is also as harsh as receiving domestic battery third within seven years. We at the Law Offices of Garrett T. Ogata are committed to fighting all charges against you. These charges are very serious and carry with them very serious consequences; so you need an experienced lawyer on your side. We will be your rock to stand on during these difficult proceedings.
Domestic Battery First Offense Penalties
Domestic battery charges can carry very sharp consequences if a person is convicted. Domestic battery occurs when a person willfully and unlawfully uses force or violence against anyone mentioned in Nevada Revised Statute (NRS) 33.018. These people include both family members and some non-family members. Even first offenses can carry serious consequences, but the Law Offices of Garrett T. Ogata is experienced in all related laws and will work diligently to have your name cleared. NRS 200.485 covers all penalties for domestic battery charges. A domestic violence first offense occurs when it is the first charge in a seven year period. This is considered a misdemeanor. There can be substantial financial costs to the accused if they are not acquitted.
- A fine of at least two-hundred dollars but not more than one-thousand dollars will be levied against the accused.
- A domestic violence treatment program must be attended for not less than one-and-a-half hours per week for at least six months. The accused cannot be made to go longer than twelve months. The full price of this therapy falls on the accused.
- A thirty-five dollar administration fee is charged by the court.
Financial penalties are not all that a person accused of domestic battery has to worry about. There is also the real possibility of jail time and other penalties.
- A first offense of domestic battery in a seven year period can bring with it jail time ranging from two days to six months.
- A first offense also carries 48 to 120 hours of community service if convicted.
- The judge may choose to let the accused serve their jail sentence intermittently, but each period of imprisonment must be at least four consecutive hours.
Even a first offense of domestic battery can carry serious repercussions that can follow you throughout the rest of your life. It is important to seek experienced legal counsel. We at the Law Offices of Garrett T. Ogata will work tirelessly to maintain your freedom.
Domestic Battery Second Penalties
Going through one domestic battery charge is enough to make anyone realize that the penalties of such a charge are serious. A second offense of domestic battery carries with it fines and penalties that can far exceed the penalties of a first offense. A charge is only considered a second offense if it is the second domestic battery charge against a person in a seven year period. This is categorized as a misdemeanor, but the Law Offices of Garrett T. Ogata knows that even a misdemeanor of this nature can affect someone’s entire life. Nevada Revised Statutes (NRS) 200.485 covers the penalties associated with a second offense of domestic battery in a seven year period. A person can be charged with domestic battery against several persons whether family or not. The consequences for a second charge include several penalties that can hurt your wallet.
- A fine of five-hundred to one-thousand dollars will be imposed.
- A court administration fee of thirty-five dollars is charged.
- The accused must attend a domestic violence treatment course if convicted. That person must go to these classes for at least one-and-a-half hours per week for twelve months. The cost of these classes is covered by the accused.
Monetary issues are not all that a person accused of their second domestic battery offense has to worry about. The penalties are more stringent than those imposed on a first offense.
- If convicted the accused will serve between ten days and six months in jail.
- Community service ranging from one-hundred to two-hundred hours will be imposed.
Domestic battery is a serious charge with severe consequences. Even if you get off without any jail time a charge of this nature may preclude you from getting several types of jobs. We at the Law Offices of Garrett T. Ogata have seen many people ruin their lives by not hiring a lawyer when accused of domestic battery. We want to make sure you don’t become one of them.
Domestic Battery Third Offense Penalties
Anyone who has gone through two domestic battery charges can attest to the fact that courts do not go easy on people that they believe are a danger to their family or others. A third domestic battery charge carries with it consequences that make the penalties of a first and second offense seem elementary. A third offense is charged as a Category C felony. The Law Offices of Garrett T. Ogata has seen what this type of felony conviction can do to a person, and we are here to make sure it doesn’t happen to you. Nevada Revised Statutes (NRS) 200.485 and 193.130 set forth the penalties of a third domestic battery charge in a seven year period. NRS 33.018 lists several people that can turn a battery charge into a domestic battery charge if they are the alleged victim. A third offense has financial penalties that can literally be ten times higher than the fine on a second offense.
- As with all domestic battery charges the accused will owe a thirty-five dollar administration fee.
- The fine for a third domestic battery charge can go all the way up to $10,000.
This is literally ten times the maximum fine of a second charge. A third domestic battery charge also carries with it the very real possibility of a lengthy prison sentence. A second charge only carries with it the possibility of six months in jail. Because a third offense is considered a Category C felony NRS 193.130 states that the accused must be sentenced to at least one year in prison and can even receive up to five years. A conviction on domestic battery charges carries extreme consequences on a third offense. The Law Offices of Garrett T. Ogata knows that any of these penalties can negatively affect the rest of your life. You will need a lawyer experienced in these cases to have the best chances of clearing your name, and we are here to do that for you.
Protective / Restraining Orders
A domestic violence charge can carry with it many adverse consequences, even before a conviction actually occurs. The alleged victim can ask the court to place a temporary restraining order upon the accused to stop them from engaging in any contact with said victim. These protective orders can even prevent the accused from going within a specific distance of certain areas in an attempt to prevent any contact between the two parties. The Law Offices of Garrett T. Ogata has extensive legal experience in restraining/temporary orders and knows how to protect our clients from falling victim to unwarranted claims. Nevada Revised Statute (NRS) 33.020 handles the issuance and enforcement of protective orders. If there is a reported act of domestic violence, or even the threat of an act of violence, then the courts may impose a temporary thirty-day protective order. This can occur without the accused receiving a hearing. For the alleged victim to gain a protective order lasting longer than thirty days there must be a hearing held within forty-five days of the initial filing. If an extended protective order is issued, it can last up to an entire year. We know that this can be a great hardship on a person’s daily life. Especially, if the area a person is banned from is somewhere they often travel or a place of importance, but violating these orders can bring harsh consequences. Up to six months in jail if convicted of violating the order.
A fine not exceeding $1,000 unless the law allows for a more severe punishment.
These protective orders may also demand that a person surrender any firearms in their possession. We at the Law Offices of Garrett T. Ogata know that such orders can place an unfair burden on our clients, but it is imperative that you do not violate the order, even if you and the alleged victim are back on good terms. These protective orders can be fought and modified, so it is important that you contact an experienced lawyer
to get the ball rolling on changing these orders.