Arguments are inevitable in any close relationship. Fights that escalate to a physical confrontation are taken seriously in Nevada. Domestic violence by strangulation is a felony in the state, punishable by both prison time and fines.
If you’ve been charged with strangling a romantic partner or family member, you need a Las Vegas domestic violence attorney now. There are criminal defenses that could result in your charges being reduced or dismissed. But it’s important to act quickly to protect your life, liberty, and reputation.
Talk to a lawyer at Adras & Altig today. We have more than 40 years of combined experience successfully defending people accused of criminal offenses in Nevada. Call or visit our contact page now for a free consultation.
How Does Nevada Law Define Domestic Battery by Strangulation?
Under Nevada law, domestic violence covers a wide range of acts against a spouse or former spouse, anyone you’re related to by blood or marriage, romantic partner or ex-partner, children and grandchildren, and anyone for whom you have been appointed as their legal guardian. The law specifically mentions:
- Assault
- Battery
- Sex crimes
- Harassing behavior (e.g., stalking, trespassing, arson, destruction of private property, etc.)
- Kidnapping and false imprisonment
Strangulation is defined by a slightly different law, which describes it as “impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth” in a way that “creates a risk of death or substantial bodily harm.”
Finally, a third law says that if someone commits domestic violence using strangulation, they can be charged with a Category C felony. If the defendant also used a deadly weapon or was previously convicted of a domestic violence felony, they can be charged with a Category B felony.
What Are the Penalties?
Since domestic violence by strangulation in Nevada is a Category C felony, the penalties can be quite severe. According to section 193.190 of the Nevada Revised Statutes, the penalties for a Category C felony include between one to five years in prison and a fine of up to $10,000.
The penalties for a Category B felony for domestic violence by strangulation include between two to 15 years in prison and a fine of up to $10,000.
What Are Common Defense Strategies?
Some strategies defendants use in domestic violence by strangulation include:
- Self-defense: If your partner or a family member attacks you, you have the right to defend yourself with reasonable force.
- False accusation: In some cases, a family member or relationship partner will make a domestic violence accusation out of anger, jealousy, or a desire for revenge.
- Accidental injury: A domestic violence conviction requires the prosecutor to prove intent. If you can show that the injuries the victim suffered were accidental, you can potentially have the charges against you dropped.
- The injuries were minor and did not include strangulation: The element of strangulation makes this type of domestic violence a felony. If you can demonstrate that the injuries you caused were minor and not caused by strangulation, you may have the charges against you reduced to a misdemeanor.
Can the Record Be Sealed?
You can have the record for a domestic violence by strangulation conviction sealed, but you’ll have to wait 10 years from the conclusion of your case, including the end of any penalties you’ve incurred. Sealing the record requires a lot of work and legal know-how, so you’ll want help from an experienced criminal defense attorney.
What Are the Penalties for Strangulation in Non-Domestic Situations?
Battery by strangulation in non-domestic situations is a Category C felony under Nevada law. The potential penalties include one to five years in prison and a fine of up to $10,000.
If the battery by strangulation is committed with using a deadly weapon, it is considered a Category B felony, and the potential penalties include two to 15 years in prison and a fine of up to $10,000.
Contact a Las Vegas Domestic Violence Attorney
The criminal justice system does not take domestic violence allegations lightly. If you’ve been accused of domestic violence by strangulation in Nevada, a domestic violence attorney at Adras & Altig can review the facts of your case and identify the best possible defenses. Call or contact us now to get started.
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At Adras & Altig, we believe that every client we work with deserves a fresh start. Our dedicated Las Vegas criminal defense attorneys take the time to get to know you so we can understand the circumstances surrounding your arrest.