Domestic Battery by Strangulation: A Closer Look
A domestic battery has many acts that constitute its perpetration. This can be hitting, punching, kicking, burning, and even mutilation as well as psychological assault such as threatening and taunting the person, depriving them of freedom, and forcing them to perform things they do not want like sexual exploits. While these are all terrible in their own regards, there is one action in domestic abuse that will really increase the stakes, this is domestic battery by strangulation.
As we have previously established in our recent blogs, domestic violence in Las Vegas and the rest of Nevada is punishable. Couple it with strangulation and what will befall on you if you are found guilty is even worse than you imagined. As you acquire the help of a Las Vegas criminal defense attorney, read further on this blog to better fortify your understanding of what really is domestic battery by strangulation.
What is strangulation?
According to Nevada Revised Statutes (NRS) 200.481, strangulation is “intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person in a manner that creates a risk of death or substantial bodily harm.”
The mere act of putting your hands around the neck or anywhere that is involved in the breathing system of a person could count as domestic battery by strangulation. This is a very serious matter and if it is carried out to perform a crime (you strangle your ex-spouse so you can rob the house or take away your child), it will get even graver.
What are the penalties for domestic battery by strangulation?
A minor battery domestic violence for the first time is a misdemeanor in Nevada and holds mild consequences. A domestic battery by strangulation, on the other hand, is routinely a felony in the State.
A category C felony, domestic battery by strangulation has a jail time of one to five years with fines that do not exceed $15,000.
This case can also be a category B felony, depending on some factors such as the defendant has previous similar records or is actually in parole. The domestic battery by strangulation sentence with a category B felony has penalties of one to 20 years of term behind bars and a fine of $10,000.
Know that death is not necessary to be charged with a domestic battery by strangulation. Even if you have done it for a brief time, you might get penalized especially if it caused bodily harm or put the life of the victim at risk.
What are the defenses that you can use?
Domestic violence is one complex case with lots of different sides that the court needs to consider. Since at times there are no clear signs of strangulation, it needs a lot of work to figure its extent or if it is performed at all. Nevertheless, you have to be prepared for the arguments that should uphold your innocence of the matter.
Now that we have mentioned it, one of the first defenses that should prove useful is that there is no indication that the plaintiff was strangled. Point out that no marks and bruises are evident and if there is, you could point that it is not from you and an examination of them should be in order. Self-defense is also a key defense. State that the alleged victim was actually starting a fight between you two and it was purely accidental and out of duress that you had to hold the neck.
Of course, if it seems unfeasible to challenge the claims of the plaintiff, you could always go for a plea bargain which is now easier to process. The court usually allows this motion and you can take advantage of it but remember that you might have to plead guilty to get a reduced domestic battery by strangulation sentence.
There is a reason why this type of domestic violence is closely watched and put on a pedestal of notoriety. It is because anyone who does it to their spouse, child, and other family members has the willingness to take a life. If you do not mean to carry out strangulation or did not do anything closely related to at all, it is best to work with a criminal defense attorney in Las Vegas to help you evade the suffocating charges.