Wednesday, February 15, 2012

In Nevada, Domestic Violence Cases are Enhanceble

Enhanceable, which means if you are convicted of Battery Domestic Violence, and, after the first conviction, you are charged and convicted again, the penalties are higher for the subsequent conviction.  This is similar to laws enacted to prevent drunk driving.  The law that describes these enhancements is NRS 200.485.  The relevant sections are reproduced below.
 "1. Unless a greater penalty is provided pursuant to subsection 2 or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:
(a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
The person shall be further punished by a fine of not less than $500, but not more than $1,000.
(c) For the third and any subsequent offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130...."
Also, a person convicted of a second offense battery domestic violence within 7 years must attend counseling seesions once a week for 52 weeks as opposed to 26 weeks for a first offense.  NRS 200.485(3).
This is another reason why retaining effective counsel is so important in a battery domestic violence case because you may be able to prevent these enhanced penalties in a subsequent case.  There are also legal and factual defenses that may arise in the subsequent cases regarding the prior convictions.
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.

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