The Nevada Supreme Court has recently decided that a person charged with misdemeanor domestic violence is entitled to a jury trial. This is brand new Nevada law and can be found at Anderson v. Eighth Judicial District Court, 135 Nev. Advanced Opinion 42. Prior to this decision, misdemeanor domestic violence was considered a "petty" rather than a "serious" crime because the maximum jail sentence in any misdemeanor battery domestic violence case is 6 months. Six months is the maximum sentence for any misdemeanor crime in Nevada, so before this case, all misdemeanor crimes were considered "petty." Therefore, anyone accused of a misdemeanor crime was never entitled to a jury trial, only a bench trial without jury. The Nevada Supreme Court evaluated misdemeanor domestic violence as a "petty" crime, and concluded that misdemeanor domestic violence should not be considered "petty" but it should be considered "serious." The rationale for the Court comes from NRS 202.360(a) which prevents people convicted of misdemeanor domestic violence from possessing firearms. This prohibition on firearms statute makes misdemeanor domestic violence more like a felony crime. People convicted of felony crimes lose their right to bear arms under the same statute. It was this additional punishment that pushed misdemeanor domestic violence into the category of a "serious" crime for the Nevada Supreme Court.
Because of this decision, it is even more important for people accused of committing domestic violence to have experienced trial counsel. If you have been charged with any crime involving domestic violence, please call Attorneys George E. Robinson or Peter R. Pratt at 702-451-2055.
