Battery Domestic Violence and False Imprisonment

In many instances where there are allegations of Domestic Violence, there are also allegations of restricting the alleged victim's movement.  A typical, general allegation is "he was angry and pushed me and told me I could not leave the apartment, so i stayed there until he fell asleep."  A accusation like this may lead to a charge of false imprisonment.

Pursuant to Nevada law: 

1. False imprisonment is an unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority.
2. A person convicted of false imprisonment shall pay all damages sustained by the person so imprisoned, and, except as otherwise provided in this section, is guilty of a gross misdemeanor.
3. Unless a greater penalty is provided pursuant to subsection 4, if the false imprisonment is committed:
   (a) By a prisoner in a penal institution without a deadly weapon; or
   (b) By any other person with the use of a deadly weapon,
   the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
4. Unless a greater penalty is provided pursuant to subsection 5, if the false imprisonment is committed by using the person so imprisoned as a shield or to avoid arrest, the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 15 years.
5. If the false imprisonment is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.

      NRS 200.460

A charge of False Imprisonment can compound the difficultly of a Domestic Violence charge.  First, False Imprisonment is a more serious criminal charge than misdemeanor Battery Domestic Violence as it is a gross misdemeanor as opposed to a regular misdemeanor.  Gross misdemeanors carry a possible jail sentence of 1 year, which is double that of a regular misdemeanor.  Also, the gross misdemeanor charge is more complex to defend, procedurally, so you will pay an attorney more money for competent representation.  The more serious charge also forces a less desirable negotiation in many cases.
If you have been charged with Battery, Battery Domestic Violence, False Imprisonment, or any crime related to a Domestic incident, or if a TPO has been issued against you, please visit georgeforjustice.com for help.