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Mutual Battery in a Situation of Domestic Violence

In many cases where a police officer has been called to an alleged incident of Domestic Violence, there has been mutual physicality between the domestic partners.  This clearly makes a police officer's job more difficult in evaluating who should be arrested and who they recommend to the prosecutor should be charged with a crime.  The law states that,

If the peace officer has probable cause to believe that a (Domestic) battery... was a mutual battery, the peace officer shall attempt to determine which person was the primary physical aggressor. If the peace officer determines that one of the persons who allegedly committed a battery was the primary physical aggressor involved in the incident, the peace officer is not required to arrest any other person believed to have committed a battery during the incident. In determining whether a person is a primary physical aggressor for the purposes of this subsection, the peace officer shall consider:

   (a) Prior domestic violence involving either person;   
   (b) The relative severity of the injuries inflicted upon the persons involved;
   (c) The potential for future injury;
   (d) Whether one of the alleged batteries was committed in self-defense; and
   (e) Any other factor that may help the peace officer decide which person was the primary physical aggressor.

NRS 171.137(2)


The topic of the dominant physical aggressor has been discussed in this blog before pursuant to the DA's handbook for officers which is more specific than the above statute.  As stated in the statute, if one of the domestic partners involved in a situation where officers have been called has a domestic violence arrest, charge, or conviction reflected in their criminal history; they will almost certainly be arrested.  It is the easiest and most concrete way for a police officer to follow the law as it is currently written.  In many cases, the wrong person is arrested.  In many cases, it depends on who is the best liar.
If you have been charged with Battery, Battery Domestic Violence, or any crime related to a Domestic incident; or if a TPO has been issued against you, please visit georgeforjustice.com.

Arrests in Nevada Battery Domestic Violence Cases

Unlike most situations where a police officer is called to the scene of a misdemeanor crime, a police officer must arrest a suspect if he believes the crime of Battery Domestic Violence has occurred.  The law that describes this procedure is NRS 171.137 which is titled "Arrest required for suspected battery constituting domestic violence; exceptions.
  1. ...a peace officer shall, unless mitigating circumstances exist, arrest a person when the peace officer has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon his or her spouse, former spouse, any other person to whom he or she is related by blood or marriage, a person with whom he or she is or was actually residing, a person with whom he or she has had or is having a dating relationship, a person with whom he or she has a child in common, the minor child of any of those persons or his or her minor child."
In most situations involving the commission of misdemeanor crimes, a police officer will issue a citation with a return date for a suspect to appear in court, and the officer will not make an arrest.  The mandatory arrest is another factor which elevates the crime of domestic violence above other misdemeanors.  Defendants also need to be aware that there is mandatory jail time associated with a conviction for Domestic Violence, so a defendant may be headed back to jail if convicted, and they have not spent the mandatory 2 days in jail.  This is another reason why defendants should hire an attorney who has experience in defending these types of cases.
If you have been charged with Battery, Battery Domestic Violence, or any crime related to a Domestic incident; or if a TPO has been issued against you, please visit georgeforjustice.com.

Battery Domestic Violence and Counseling for a Child

If convicted of Battery Domestic Violence, a defendant must complete a number of requirements.  The most serious of these requirements for most people is counseling because of its long duration, at least 6 months but up to 12 months.  Defendants must also pay fines, complete community service, and spend 2 days in jail.  There are other lesser known requirements that defendants may face.  One of them is found in NRS § 200.485(7), it states, 
"If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services. If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of the convicted person's ability to pay."  
This section could add large costs to a conviction if a child is involved, even collaterally, in a case.  This is another important fact that defendants need to know about Battery Domestic Violence convictions before a decision is made as to the charge.
If you have been charged with Battery, Battery Domestic Violence, or any crime related to a Domestic incident; or if a TPO has been issued against you, please visit georgeforjustice.com.

Defining Domestic Relationships

NRS 33.018, which is titled "Acts which constitute domestic violence" defines the relationship that the government must prove exists between two individuals in order to obtain a conviction for Domestic Violence.

  1. Domestic violence occurs when a person commits one of the following acts against or upon the person's spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person is or was actually residing, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person's minor child or any other person who has been appointed the custodian or legal guardian for the person's minor child: ...

The acts are then defined, but they are not the topic of this entry.  The topic of this entry is the relationship which needs to be established.  The statute goes on to define a dating relationship as:

2. As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.
NRS § 33.018

The use of the terms "actually residing", "had a dating relationship", "frequent", "expectation", and "affectional involvement" are a few of the terms that need to be examined by a skilled attorney in Domestic Violence cases.  Most cases are fairly straightforward when it comes to the Domestic relationship, but often times, it is in doubt.  Especially between longer term guests in a house, relationships which are just beginning, or have ended and time has passed.
If you have been charged with Battery, Battery Domestic Violence, or any crime related to a Domestic incident; or if a TPO has been issued against you, please visit georgeforjustice.com.

Careful What You Ask For - Attempt to Suborn Perjury

In many Battery Domestic Violence cases, after an event occurs between partners leading to a charge, the partners do not end their domestic relationship.  This leads many partners to discuss what happened on the day in question.  These discussions can lead to one partner to tell another that the situation was different than the way they perceived it, and it can come to the point of asking a partner to portray the situation differently if they were to testify at trial.  These are dangerous discussions.  Pursuant to Nevada law, "Every person who, without giving, offering or promising a bribe, shall incite or attempt to procure another to commit perjury, or to offer any false evidence, or to withhold true testimony, though no perjury be committed or false evidence offered or true testimony withheld, shall be guilty of a gross misdemeanor."  NRS 199.150.
No one wants to make a bad situation worse, so partners need to be careful what they discuss after an event of Domestic Violence.  There are always two sides to every story.  No one perceives any one situation the same, especially one that is severely emotionally charged like the events leading to a Domestic Violence charge.
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.

False Imprisonment and Domestic Violence

In some situations where there is an allegation of Battery Domestic Violence, the matter also includes facts which lead to a charge of false imprisonment.  False imprisonment is a more serious crime than misdemeanor Domestic Violence.
Pursuant to NRS 200.460, false imprisonment is defined as follows:
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.

This crime mostly appears in situations of Domestic Violence when one person will not allow another person leave a residence.  Many times both people reside in the home in question.  There are defenses to this crime, and an experienced attorney will take the time to flesh them out fully through potentially lengthy discussions and legal research.
If you have been charged with False Imprisonment, Assault, Assault with a Deadly Weapon, Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.

Difference Between Assault and Battery

Sometimes laypeople talk about assault and battery as if they are interchangeable, but under Nevada law they are distinct. Pursuant to NRS 200.471:
"1. As used in this section:
(a) "Assault" means:
(1) Unlawfully attempting to use physical force against another person; or
(2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.
(b) "Officer" means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of
the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard, or other correctional officer of a city or county jail;
(5) A justice of the Supreme Court, district judge, justice of the peace, municipal judge, magistrate,
court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this
subparagraph; or
(6) An employee of the State or a political subdivision of the State whose official duties require the
employee to make home visits.
(c) "Provider of health care" means a physician, a perfusionist or a physician assistant licensed pursuant
to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced
practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant
licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist,
a medical laboratory technician, an optometrist, a chiropractor, a chiropractor's assistant, a doctor of
Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a
medication aide - certified, a dentist, a dental hygienist, a pharmacist, an intern pharmacist, an attendant
on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a
marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor
intern, a licensed dietitian and an emergency medical technician.
(d) "School employee" means a licensed or unlicensed person employed by a board of trustees of a
school district pursuant to NRS 391.100.
(e) "Sporting event" has the meaning ascribed to it in NRS 41.630.
(f) "Sports official" has the meaning ascribed to it in NRS 41.630.
(g) "Taxicab" has the meaning ascribed to it in NRS 706.8816.
(h) "Taxicab driver" means a person who operates a taxicab.
(i) "Transit operator" means a person who operates a bus or other vehicle as part of a public mass
transportation system.
2. A person convicted of an assault shall be punished:
(a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made
with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.
(b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon,
for a category B felony 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, or by a fine of not more than $5,000, or by both fine
and imprisonment.
(c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed
upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who
is performing his or her duty or upon a sports official based on the performance of his or her duties at a
sporting event and the person charged knew or should have known that the victim was an officer, a
provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a
gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to
use a deadly weapon, then for a category B felony 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, or by a fine of not more than
$5,000, or by both fine and imprisonment.
(d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab
driver or a transit operator who is performing his or her duty or upon a sports official based on the
performance of his or her duties at a sporting event by a probationer, a prisoner who is in lawful
custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should
have known that the victim was an officer, a provider of health care, a school employee, a taxicab
driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130,
unless the assault is made with the use of a deadly weapon or the present ability to use a deadly
weapon, then for a category B felony 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, or by a fine of not more than $5,000, or by
both fine and imprisonment."

Assault is most basically, attempt battery. "Simple" assault is a misdemeanor. There is a long definition of assault because there are number of people in different professions which the statute allows for a greater penalty for committing an assault against, namely law enforcement officers, school employees, and health care providers. There are always greater penalties for the use of a deadly weapon with any criminal act.  Assault, in many ways, is a more illusory crime than battery as no actual physical contact must be made.  There are certain subjective standards which must be proven, and good lawyering can always make a difference. 
If you have been charged with Assault, Assault with a Deadly Weapon, Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.

Prescription Drugs, Alcohol, and Domestic Violence

Prescription drugs and alcohol play a role in many Domestic Violence cases.  As most people are aware, alcohol effects the central nervous system, reducing inhibitions and sometimes causing irrational and explosive behavior.  Prescription drug use with alcohol can amplify these effects.  The use of these substances can provide fuel for physical events in households between people with domestic relationships.  Some of these situations lead to arrests for Domestic Violence.
From a legal perspective, the use of alcohol and prescription drugs are very important.  There are evidentiary concerns that attorneys must take into account when alcohol and/or drugs are involved in a criminal case, namely the ability for a witness or a Defendant to properly perceive the events alleged to have happened.  In many instances, both the alleged victim and the Defendant in a domestic violence case were under the influence of alcohol and/or prescription drugs at the time of the event. 
Police officers are normally keen to the fact that a person is under the influence of alcohol as there are physiological signs like bloodshot eyes.  Usually, there is also a noticeable odor on an intoxicated person's breath.  Additionally, there can be empty containers of consumed alcohol around the crime scene.
Prescription drug use can be harder to detect, and officers do not always investigate this facet of a criminal case.
When reviewing a criminal case, attorneys must investigate the use of alcohol and prescription drugs, so it is important for witnesses and Defendants to discuss the use of these substances with prosecutors and defense attorneys.  Many times police reports notate the use of alcohol and drugs, but amounts and types of drugs can be in question.  More information may need to be gathered for an attorney to properly prepare to discredit, or impeach, a witness at an evidentiary hearing.
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.

Domestic Violence on the Las Vegas Strip

Las Vegas Strip and Downtown hotel rooms serve as the location for many arrests by the Las Vegas Metropolitan Police Department for Battery Domestic Violence.  There are a few reasons for this.  The first is that many vacationers to Las Vegas consume large amounts of alcohol which can lead to more explosive and violent interactions between domestic partners. 
The second is gambling.  Gambling can lead to stressful situations when people have risked more resources than they can afford to.  This can result in heated arguments between people who share resources.  Sometimes these heated arguments become physical. 
The third is an issue of proximity.  If you are in a single family residence with a yard and you get into an argument, chances are no one is going to hear it because there is a large buffer in between homes.  In a hotel room, that buffer is not there, so if you get into an argument, the concerned person in the room next to yours is going to call security. 
Fourth, when security comes to the room, someone is probably going to be arrested.  Las Vegas hotels do not want "problems" on their property because one problem could effect many people when everyone is in such close proximity.  If they feel you are a problem, you will most likely be removed by security and then taken to jail by police.
Many situations that arise in hotel rooms are just arguments with little or no physicality, but, for the above reasons, someone gets arrested.
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.