What is Domestic Battery Strangulation in Nevada?
Domestic Battery is ordinarily a misdemeanor, but it can also be charged as a felony. One situation it can be charged as a felony is when it involves strangulation of the victim, in which case the crime becomes domestic battery by strangulation.
Under Nevada law, the crime of domestic battery by strangulation is defined as choking a current or former dating partner, spouse, child, or blood relative. Strangulation can be proven by any battery which utilizes pressure around the throat, even if it is just for a short period of time, like one or two seconds.
What are the Penalties for Domestic Battery by Strangulation?
This crime is charged as a Category C felony. It can be punished between 1 to 5 years in prison and up to $10,000.00 in fines.
What are some Potential Defenses?
If you are charged with domestic battery by strangulation, there are some common defenses your defense attorney will investigate. These include:
- Self-defense or Defense of others
- False or fabricated allegations
- Battery but no strangulation
- The incident was an accident
- Law enforcement violated the defendant's rights when obtaining evidence
Can the Strangulation Charge be Reduced or Dismissed?
It is often possible to negotiate domestic battery cases where the evidence is weak. One example might be to negotiate a plea deal for the misdemeanor version of domestic battery rather than the felony strangulation version.
The case can also be dismissed when your attorney shows the prosecutor there are fatal problems with the evidence prior to the case being brought to trial. Even where the prosecutor does not agree, sometimes a motion to suppress unlawfully obtained evidence will result in the judge dismissing the case prior to trial.
Defend Your Rights
If you have been accused of domestic battery, including by strangulation, you need immediate help from skillful attorneys ready to fight the prosecution.
Call us today so we can get to work defending your case and clearing your name.