Nevada vs. California: Comparative Penalties for a Domestic Violence Conviction

Many people believe that the penalties in Nevada for a Battery Domestic Violence conviction are more severe than in other states.  In a situation where there is a verbal argument and minimal physical contact, a typical statement from a reluctant or recanting alleged victim or defendant is: "In California, this never would have been blown out of proportion like it is here.  No one would have been arrested and charged with a crime there, and the penalties aren't as bad."
The California misdemeanor Battery Domestic Violence statute is included below.
(e)(1) When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer's treatment program, as defined in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution.
(2) Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(A) That the defendant make payments to a battered women's shelter, up to a maximum of five thousand dollars ($5,000).
(B) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense.
     For any order to pay a fine, make payments to a battered women's shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant's ability to pay. In no event shall any order to make payments to a battered women's shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
 (3) Upon conviction of a violation of this subdivision, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of a violation of this subdivision and sentenced under paragraph (1), the person shall be imprisoned for not less than 48 hours in addition to the conditions in paragraph (1). However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required by this subdivision and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence.
 (4) The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence so as to display society's condemnation for these crimes of violence upon victims with whom a close relationship has been formed.  Cal Pen Code § 243
In comparing the two Domestic Violence laws, the California law is clearly more severe.  First, the California law allows for confinement in jail for up to 1 year.  The Nevada law allows for a 6 month maximum.  The California law allows for double the maximum fine ($2,000.00) of Nevada ($1,000.00).  The California law states that the batterer must attend counseling sessions for at least 1 year.  The Nevada law states 6 months to 1 year.  The California statute allows for payments to a women's shelter of up to $5,000.00, and reimbursements for costs of counseling to a victim.  The Nevada statute does not have these provisions.  The Nevada laws against Domestic Violence can seem harsh, especially in certain situations, but the California laws are even more severe.
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.

Why Can't I Just Drop the Case?

In many instances of Domestic Violence cases, alleged victims wonder why they cannot just "drop" the charges against a defendant.  The alleged victim is the one who is "pressing" the charge, so why can't they let it go after everything calms down.  Many times, alleged victims and defendants are under the impression that if they were in a different jurisdiction, namely another state, they would be able to control whether the prosecution goes forward in the case or not.
In a criminal prosecution in Nevada, the governmental entity (normally city or state) is the Plaintiff, not the alleged victim.  The alleged victim in a criminal case in Nevada is only a potential witness in the case, and not necessarily an essential witness in the case.  This means the prosecutor will move forward if he believes that he can prove the case beyond a reasonable doubt with or without the alleged victim.  If the alleged victim was the Plaintiff in civil litigation or an applicant for a protective order, they could control whether the case moves forward or not, but not in a criminal case here.
The public policy behind not allowing alleged victims to ultimately control whether or not to proceed in a criminal case is really about pressure extended towards alleged victims to drop charges from defendants or other third parties.  This could be through a number of means both psychological and physical.  It could be anything from actual physical violence, threats of violence, shame, or potential financial consequences of the conviction for a family.  This is the rationale behind why alleged victims are not allowed to "drop" charges and end a case.  Normally, alleged victims do have some input as to what actions a prosecutor will take in resolving a case, so there is some control in that respect.  
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.