7 Things You Need To Know About “Domestic Battery”. Batteries and violence charges

“Battery Domestic Violence” (BDV) Laws and Penalties in Las Vegas, Nevada

Domestic violence is a serious crime and one of the most common reasons for arrest in Nevada. While the domestic violence laws of the state are rather broad and cover a variety of actions, battery domestic violence (BDV) gets to the heart of the more lethal or harmful side of the crime.

If you have been charged under the BDV laws of Nevada, you probably have some questions. The best thing you can do is hire an experienced domestic violence attorney so they can protect your rights and make sure you get the best outcome possible for your case. In the meantime, this overview may help.

What is the Difference Between Domestic Violence and Domestic Battery in Nevada?

The law defines domestic violence as violence that is committed against a person who has an intimate relationship with you such as a spouse, former spouse, a person you have or are dating, a child, legal guardian, or anyone related to you by marriage or blood. The domestic violence acts include several offenses such as assault, threatening force to make someone do something that they have a right to refuse to do, forcing someone to do something they can legally refuse, harassing behavior, stalking, false imprisonment, sexual assault, unlawful entry into someone else’s residence, trespassing, destruction of property, and more.

Battery on the other hand is the unlawful and willful use of violence or force against another person. Battery domestic violence cases carry harsher penalties which include incarceration, community service, a fine, and counseling. Subsequent convictions carry increasingly harsh penalties.

Nevada’s Battery Domestic Violence Laws

Under Nevada law, battery domestic violence is the intentional infliction of unlawful physical force against a current or former person with whom they share or shared an intimate, familial, or with whom you have or had a domestic relationship. While several laws can come into play with a BDV charge, two primary ones carry the most weight the majority of the time.

• Battery
• Assault
• Coercion
• Sexual assault
• False imprisonment
• Pandering
• Intentional harassment of the other person, including but not limited to

• Stalking
• Arson
• Trespassing
• Larceny
• Destruction of private property
• Carrying a concealed weapon without a permit
• Injuring or killing an animal
• Burglary
• Invasion of the home

This law more fully explains the offense of BVD and describes the penalties. This law provides two criteria that an offense must meet to be battery domestic violence:

• Both the offender and the victim must have been in a domestic relationship together, and
• The offender committed an act of battery against the alleged victim

The types of relationships that fall under the domestic violence laws include:

• Spouse (divorced, separated, or current)
• Domestic partner (separated or current)
• Significant others (exclusive or non-exclusive)
• Dating partner (former or current)
• Co-parents of a minor child
• Minor children
• Relatives by marriage or blood, not including siblings or cousins who are not in a custodial or guardianship arrangement with the accused
• Anyone the accused has been appointed guardianship over

Nevada law defines battery as deliberately touching another person in a way that is unwanted, aggressive, violent, or hostile. This can include:

• Slapping
• Kicking
• Punching
• Choking
• Cutting
• Grabbing the victim in any way
• Shoving
• Throwing objects at the victim

It is important to note that the victim does not have to be injured by the act. They don’t even have to feel physical pain for the act to qualify as battery domestic violence. If the physical touching is unwanted or unlawful, it is battery.

What are the Penalties for Battery Domestic Violence in Nevada?

The penalties for BDV in Nevada typically involve jail time, fines, community service, and counseling. Nevada law prohibits the courts from being able to legally grant probation for a BDV conviction. However, it is legal to suspend the jail sentence provided the accused completes the other terms of their sentence.

• 1 st Offense BDV within a 7-year period

• Misdemeanor (typically)

• Minimum 2 days to Maximum 6 months in jail
• Minimum 200 to Maximum 1,000 fine
• Court costs
• Minimum 48 to Maximum 120 hours of community service
• Domestic violence counseling for no less than 1.5 hours a week for a minimum of 6 months

• Misdemeanor (typically)

• Mandatory minimum 20 days in jail to Maximum 6 months
• Minimum 500 to Maximum 1,000 fine
• Court costs
• Minimum 100 to Maximum 200 community service
• Domestic violence counseling for no less than 1.5 hours a week for a minimum of 12 months

• Category B Felony (even if the victim has no injuries)

• Minimum 1 year to Maximum 6 years in prison
• Minimum 2,000 to Maximum 5,000 fines
• Court costs

• Category B Felony

• Substantial bodily harm with no weapon

• Minimum 1 year to Maximum 6 years in prison
• Minimum 1,000 to Maximum 5,000 fines
• Court costs

• Minimum 2 years to Maximum 10 years in prison
• Maximum 10,000 fine
• Court costs

• Minimum 2 years to Maximum 15 years in prison
• Maximum 10,000 fine
• Court costs

• Category C Felony (if the offended did not use a deadly weapon or cause serious bodily injury)

• Minimum 1 year to Maximum 5 years in prison
• Maximum 10,000 fine
• Court costs

• Gross misdemeanor

• Maximum 364 days in jail
• Maximum 2,000 fines
• Court costs

• Category B Felony (even if the victim has no injuries)

• Minimum 1 year to Maximum 6 years in prison
• Minimum 2,000 to Maximum 5,000 fines

What to do if I’ve been charged with battery domestic violence

If you have been charged with battery domestic violence in Nevada, you need legal representation now. Even if the alleged victim does not want to press charges against you, the case can still move forward because the state can choose to prosecute you anyway.

Call ATAC Law today and get the representation you deserve. Our experienced domestic violence attorneys will help ensure that you have the best possible outcome for your case and that your rights are protected. Don’t wait, call today.

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If You’re Facing Battery Domestic Violence Charges, We’re Here To Help.

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Things You Need To Know About “Domestic Battery”

Below Are 7 Things You Need To Know About Domestic Battery.

Definition of Penal Code 243(e)(1)

California Penal Code Section 243(e)(1) — California’s law on domestic battery – defines this offense as a “battery” committed against a person with whom you have an intimate relationship 1.

You commit domestic battery if you willfully or unlawfully touched an intimate partner and inflicted force or violence.

What Are The Penalties For PC 243(e)(1)?

This offense is charged as a misdemeanor and is punishable by a fine not exceeding 2,000, or by imprisonment in a county jail for a maximum period of 1 year, or by both the fine and the imprisonment.

Can You Be Charged With PC 243(e)(1) if There Was No Injury?

Making contact with another person, including through his or her clothing, is enough. The touching does not have to cause pain or injury of any kind.

Example Of Domestic Battery

James and Kathy were having a fight and Kathy told James that she hates him and never wants to see him again.

She then used the palm of her hand to push him away without applying much force.

Even though James suffered no injury, Kathy can be charged with domestic battery under Penal Code Section 243(e)(1) pc, because even the slightest touching can be enough to commit a battery if it is done in a rude or angry way.

What Is The Difference Between “Domestic Battery” And Domestic Violence?

A domestic battery charge under penal code 243(e)(1) is always a misdemeanor.

However, a domestic violence charge under penal code 273.5 is a wobbler which means it can be charged as either a misdemeanor or felony depending on the circumstances of the case and level of injury.

Domestic violence under PC 273.5 requires that the victim suffer some injury while a domestic battery only requires harmful or offensive touching.

Corporal Injury To Spouse or Co-Habitant: Penal Code Section 273.5:

This offense is committed when a defendant willfully inflicts physical injury on his/her intimate partner and the injury results in a traumatic condition. Unlike in a “simple domestic battery,” when you bring charges of “intentional infliction of corporal injury,” you cannot bring such charges against a person you are or were engaged to, or are or were dating. Notice that the definition of “intimate partner” in this offense is limited to the following:

• defendant’s former spouse
• former or current cohabitant
• the mother/father of defendant’s child

Also, unlike in the other domestic violence offenses, this offense requires that the victim suffered a “traumatic condition.”

A “traumatic condition” is defined as a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force. 3

Similar to “aggravated battery,” “willful infliction of emotional corporal injury” is a more serious offense than the offense of “simple battery” under Penal Code 243(e)(1). As such, the punishment for the offense may include either a misdemeanor or a felony, depending on the circumstances of the case and defendant’s criminal history.

How Does the Prosecutor Prove Domestic Battery?

To prove that you are guilty of “domestic battery,” the prosecutor has to prove the following facts or elements 4.

• The victim/accuser was one of the following:
• Your former spouse
• Former cohabitant 7
• Your current fiancé
• Your former fiancé
• Person you currently or previously had a dating relationship with 8
• The mother or father of your child 9.

How Can You Fight Domestic Battery Charges?

The most common defenses that a skilled criminal defense attorney can use to defend you from a charge of “domestic battery” are as follows:

You Were Acting In Self-Defense or Defense of Others

If you acted in self-defense, this may be used as a defense to this charge 10.

The defense will apply in a situation when you have a reasonable belief that you or another person will suffer a great bodily injury if you do not defend yourself or another person.

However, the force that you use to repel the threatened force has to be proportionate (i.e. reasonable and not excessive) to that force. Also, once you have repelled the force and the threat subsides, you have to stop. Otherwise, you may not be able to use this defense.

Example Of Self Defense:

When James’ wife started beating their daughter Sarah for misbehaving, James pushed his wife out of the way to prevent her from battering the daughter, which caused the wife to fall on the floor and hit her head on the refrigerator.

If James is charged with domestic battery, his lawyer can use the defense of others to argue that James’ actions were justified, as he had a reasonable belief that Sarah would suffer a bodily injury if he did not defend her from his wife.

Watch this video to understand male self defense in domestic violence situations in more detail:

The Domestic Battery Was An Accident:

If you battered another person accidentally, you are not guilty of domestic battery, because this offense requires that the battery be “willful,” or intended application of force 11.

In a situation where the defendant had no such intent, a prosecutor will not be able to prove the essential element of “willful” application of force.

Penalties for Domestic Battery

This code section is a misdemeanor and if you are convicted of “domestic battery” pursuant to California Penal Code Section 243(e)(1), you face the following penalties:

Are There Conditions Of Probation?

If probation is granted, the court will require you to successfully complete the following

• A batterer’s program for a minimum of 1 year 12
• The defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense 13.

If You Have A Prior Conviction For PC 243(e)(1) Will The Penalties Go Up?

If you have a prior Penal Code 243(e)(1) conviction on your criminal record, the court will order you to serve a minimum sentence of 48 hours in county jail.

Are There Immigration Consequences If Convicted Under PC 243(e(1)?

Penal Code 243(e)(1) is considered a crime of moral turpitude which means that a conviction under this code section may be a deportable offense.

Case Process Information

Important information on the criminal case process.

How We Can Help

If you have any questions about the material presented in this article please contact attorneys at the Aizman Law Firm at 818-351-9555.

Request A Free Consultation

Footnotes

Ms. Aizman is the founding attorney at Aizman Law Firm, an award winning criminal defense attorney former prosecutor for the city of Los Angeles. She regularly appears on CNN, Fox News, HLN CBS News to provide legal insight on various legal topics. She is a proud member of the California Attorneys For Criminal Justice, California DUI Lawyers Association the National College of DUI Defense

A Guide to Assault Battery Offenses in Georgia

You may often hear assault and battery listed together as one single charge. However, they are actually two separate offenses. They can be committed at the same time, but they are not mutually exclusive.

Assault

What constitutes an assault varies by state. In Georgia, assault is defined as when an individual acts in a way that makes another person reasonably frightened that they will be violently harmed. It is also defined as when a person attempts to physically injure someone else.

Assault is the threat of battery. There does not need to be any physical violence for the altercation to be considered an assault. For example, threatening to break someone’s arm would be an assault.

Battery

Battery is when there is bodily harm done to the victim. Battery is an intentional crime, meaning that you can’t commit a battery on accident. For example, punching someone.

If someone were to threaten to punch someone, invade their personal space, and then punch them, that would be an example of a combined assault and battery charge.

Simple battery charges are typically given for minor injuries.

Aggravated Charges

When the circumstances of the altercation are more severe, a simple charge is increased to an aggravated charge.

Aggravated Assault

Some of the factors that could lead to an aggravated assault charge include:

• If a deadly weapon was present or used
• If there was intent to cause further harm such as murder, rape, or robbery
• If a firearm is fired from inside a motor vehicle directed outward
• If the victim is over 65 years of age
• If the victim is pregnant

Aggravated Battery

Battery becomes an aggravated charge when the physical injuries to the victim are serious.

Injuries that could lead to an aggravated battery charge are:

Penalties

Assault and battery are both serious crimes, and when considered an aggravated charge, the penalties become even more severe.

Simple Assault and Battery

Simple assault is a misdemeanor offense. This may be punishable by a fine of up to 1,000 and/or up to 12 months in jail. You may also be given one year of probation or restitution payments.

Restitution is a court order that the defendant must pay back the victim for any damages. When ordering restitution, the judge does not take into account whether or not the defendant is financially stable enough to pay. Therefore, this can quickly become an expensive, long-term punishment.

Because simple battery is also a misdemeanor, it has the same potential penalties as simple assault.

Aggravated Assault and Battery

Penalties for aggravated charges are a bit more complicated because they often vary based on the aggravating factor. There is a large range of potential penalties for felony aggravated assault and/or battery.

Whether it’s a simple or aggravated charge, it will stay on your criminal record.

Potential Defenses

If you are facing assault and/or battery charges, you will need a strong defense.

Some potential defenses against assault and battery charges include:

• Self-defense
• You had consent to behave in that manner
• There was no intent to harm (remember, this is critical for the definition of what constitutes battery)
• There was no physical contact
• You were defending others or property

If any of these aspects can be proven, it will significantly help your chances of either being found innocent or having your charges reduced/dismissed.

These serious charges can impact the rest of your life by potentially preventing you from voting, finding employment, and more. Hiring a criminal defense attorney will significantly help your case. A skilled lawyer can help argue your defense, collect evidence, and support you through your case. Contact The Abt Law Firm, LLC to get started. Our Atlanta defense attorneys offer free consultations so you can discuss the next steps for fighting your case.

How Are Assault And Battery Charges Defined In South Carolina?

In South Carolina, if you injure someone, attempt to injure someone, or cause someone to fear that you will injure them, you can be charged with Assault and Battery.

What Are the Different Levels or Classifications of Assault and Battery?

There are four different degrees of assault and battery in South Carolina:

• Assault and Battery in the Third Degree (also known as Simple Assault) occurs when a person unlawfully injures or attempts to injure another person.
• Assault and Battery in the Second Degree occurs when a person unlawfully injures or attempts to injure another person and causes moderate bodily injury to that person. This charge also includes the non-consensual touching of private parts either under or above a person’s clothing.
• Assault and Battery in the First Degree occurs when a person unlawfully injures another person by means likely to produce death or great bodily injury. The charge includes injuries incurred during the commission of a robbery or kidnapping. First Degree also covers nonconsensual touching of the private parts with lewd and lascivious intent.
• Assault and Battery of a High and Aggravated Nature (ABHAN) is considered a lesser offense of attempted murder and includes grievous bodily harm to the victim.

Each charge has its own attributes and penalties as codified in law. In South Carolina, Assault and Battery in the Second or Third Degree are classified as misdemeanors. Both Assault and Battery of a High and Aggravated Nature (ABHAN) and First-Degree Assault and Battery are classified as felonies.

What Factors Might Enhance These Charges (Weapon, Intent, Etc.)?

In general, the degrees of severity of Assault and Battery are assigned in South Carolina based on how badly the victim of the Assault and Battery was injured during the alleged crime.

What Should Someone Do If They’re Being Falsely Accused of Assault and Battery?

Assault and Battery is a serious crime. People are usually physically harmed or injured due to someone else’s intentions and actions. Not only can a person be physically harmed or injured, but their mental state can also be greatly affected. It is important to note that the law has stringent and harsh penalties when it comes to Assault and Battery for that reason. In South Carolina, Aggravated Assault and Battery and Assault and Battery in the First Degree are considered felonies, while Second- and Third-Degree convictions are misdemeanors. But make no mistake, a conviction of any kind will appear on a criminal record for life, even a misdemeanor.

If you have been wrongfully accused or charged with Assault and Battery, the stakes couldn’t be any higher. A conviction can ruin your life; fortunately, however, you also have the rights to a defense. And just because you were arrested and charged, it does not automatically make you guilty. That is why it is crucial to contact a Charleston, SC, Assault and Battery attorney as soon as you are charged. At Sahn Law Firm – Attorneys at Law, we have years of experience defending clients accused of Assault and Battery. We are dedicated to protecting our clients’ rights.

Not all Assault and Battery defendants are guilty of the offense. In fact, a lot of people are falsely accused of the crime, especially in domestic violence cases. According to a report by the organization Stop Abusive and Violent Environments (SAVE), more than 700,000 people are wrongfully arrested each year for domestic violence alone. This means that if you have been falsely arrested or charged with Assault and Battery, you are not alone.

There are a number of reasons why an individual can be wrongfully charged with Assault and Battery. One of the most common reasons, for instance, is self-defense. A person has the right to self-defense, but often, police officers can make a bad judgment call at the time of the arrest and charge a person trying to defend himself or herself with Assault and Battery during a dispute. If a person acted in defense of another person, it could also be used as an argument against being wrongfully accused or charged. For that reason, contact a Charleston, SC, Assault and Battery attorney right away if you have been arrested.

Here are some important things for you to know if you’ve been falsely arrested for Assault and Battery. First, you should avoid talking to the police. The police are not there to help you if you seem to have been the one who intentionally harmed the other person without reason. Once an arrest is made, you have the right to remain silent. You do not need to talk to the police. Any statements that you give them can potentially harm your case.

If you are able to gather information regarding your case, it can significantly help. Your Charleston, SC, Assault and Battery attorney can use all the information you gathered to put together a solid defense. Any pictures, witnesses, and written details can be extremely beneficial, in addition to the resources that your Charleston, SC, Assault and Battery attorney will provide.

What Does Assault or Assault and Battery Against Certain Victims or for Certain Purposes Mean?

In South Carolina, an Assault and Battery committed against a family member or household member will fall under the charge of Domestic Violence, which is defined in the state as a physical assault, an attempted assault, or the threat of assault against a household member (meaning a spouse or anyone with whom you now or previously lived or had a child). Because physical assault means unwanted or sexually inappropriate touching, the state does not require actual injury.

Similar to Assault and Battery, Domestic Violence charges can have very serious and life-lasting consequences, with Criminal Domestic Violence if a High and Aggravated Nature (CDVHAN) considered a felony offense. Criminal Domestic Violence can be aggravated to CDVHAN by the presence of a weapon or serious bodily harm or assault. The state of South Carolina takes these charges very seriously and will often decide to prosecute, even when the victim of the alleged violence recants or refuses to testify.

How Does the ‘Degree of Injury’ a Victim Suffers Affect an Assault and Battery Charge in South Carolina?

You can be charged with Assault and Battery in the First Degree (which is a felony offense) if you injure another or attempt to injure another, and the assault involves touching private parts under or above clothing with lewd intent. If the Assault and Battery happened during a robbery, burglary, kidnapping, or theft in South Carolina, that act would also be classified as Assault and Battery in the First Degree. Finally, if you intended to cause great bodily injury (as opposed to actually causing injury) as defined in ABHAN, you can be charged with Assault and Battery in the First Degree.

If the person you injured suffers moderate bodily injury and needs surgery or treatment of his or her internal organs because of the injuries you caused, you can be charged with Assault and Battery in the Second Degree. Also, threatening moderate bodily injury is cause for a Second-Degree charge. Nonconsensual touching of the private parts of another person (either under or above clothing) can also result in a Second-Degree charge and, if proven, conviction.

In South Carolina, if you injure (even minimally where skin is barely broken), attempt to injure, or cause someone to fear that you’ll injure them, you can be charged with Assault and Battery in the Third Degree.

Does a Victim Have to Be Injured for an Assault to Have Occurred?

Just like with Domestic Violence charges, an actual injury does not have to have occurred. If you attempted or intended to injure them or if the victim was fearful that you would injure them, then you can be charged with Assault and Battery.

What Penalties and Sentencing Requirements Are There for Assault and Battery Convictions?

Penalties for assault and battery include jail time and fines, as shown below:

What Possible Defenses Are Used in These Cases? Is Self-Defense Ever a Good Defense?

There are many potential defenses to be used in these cases if you have an experienced, aggressive attorney who knows the law inside and out. Police officers and prosecutors can make mistakes, and sometimes those mistakes can result in dropped charges, if your attorney knows how to capitalize on them. Charges can also be dropped if you and your lawyer reach a plea deal to a lesser offense with the prosecutor in your case. Furthermore, self-defense often can be utilized as an outright defense if the evidence supports it.

Is Assault and Battery a Felony in South Carolina?

Assault and Battery encompass a wide range of crimes, anything from a scrape to great bodily harm, a threat of violence to an injury that is likely to cause death. A person can be charged with Battery, Assault, or both. An Assault happens when the offender intends to do harm to another person. Battery (physical contact) results in the unlawful touching of another person without their permission, and there is a likely possibility that the intended touching might cause injury.

In South Carolina, Assault and Battery is a serious felony charge. The degree of Assault, again, depends upon the severity of the injury. First Degree is a felony charge, while Second- and Third-Degree charges are categorized as misdemeanors. For that reason, having a South Carolina criminal defense attorney by your side is critical to helping you and your family throughout the whole process when you’ve been accused of any alleged crime.

When Should Someone Hire a Legal Attorney?

Hire a criminal defense attorney in South Carolina the moment you are charged with Assault and Battery. It is important to remember that the law gives you both Constitutional and civil rights, which may protect you from a wrongful Assault and Battery charge if correctly applied by an attorney. Therefore, it is important to seek help from an experienced criminal defense attorney, who can help you throughout the criminal justice process and will give you the best chance at a good outcome.

What Is the Penalty for Simple Assault in South Carolina?

The penalty for Simple Assault in South Carolina is severe. If you are charged with Assault and Battery, then it is important to consult an experienced South Carolina criminal defense attorney, who can explain your alternative options as well as help you plan the best defense possible.

The penalties for Assault and Battery are laid out in the law. The severity of the charge decides the amount of the fine and the duration of jail time. Let’s shed some light on the varying degrees and the proposed penalties in the books of law:

• First Degree- up to ten years in jail
• Second Degree- up to three years in jail, as well as a fine up to 2,500
• Third Degree, also known as Simple Assault- up to 30 days jail time coupled with a fine amount up to 500

If you are facing an Assault and Battery charge, you need to contact a South Carolina criminal defense attorney. Only a criminal defense attorney can help you evaluate the evidence against you and build a strong defense for you.

Can Assault and Battery Charges Be Dropped?

In most situations, Assault and Battery charges in South Carolina are not dropped. As per the policy grounds alone, many jurisdictions have zero tolerance for domestic violence abuse. The logic behind this is the assumption that the abuse will progressively worsen, and people involved in those situations will not be able to take any step because of the financial pressure or the pressure exerted by their aggressors. However, it is the discretion of the state to reduce charges or not. In other situations, if the court finds it feasible, it may offer a plea bargain agreement to the defendant, which is more favorable and lenient. Only an experienced criminal defense attorney can negotiate with the prosecutor to have the charges reduced to a lesser offense, but even then, there are no guarantees.

Your South Carolina Assault and Battery attorney

Attorney Michael Sahn and his legal team at the Sahn Law Firm have decades of experience providing top-notch legal representation to those charged with criminal wrongdoing here in South Carolina. We believe that every client is entitled to the absolute best legal defense, and we’ve handled even the toughest criminal matters both in and out of the courtroom.

If you’re facing criminal charges for Assault and Battery, you need a lawyer with extensive trial experience and connections in the right places. When your rights and your freedom are on the line, that’s when we at Sahn Law Firm do our best work because we know that what we do matters.

Located in Charleston, our firm is equipped to handle cases all over South Carolina with aggressive and skilled legal representation. If you are looking for an expert South Carolina Assault and Battery attorney, then Sahn Law Firm – Attorneys at Law is the place for you.

To best serve you, we provide a free initial consultation to discuss the unique circumstances of your case.

For more information on Assault Battery in South Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (843) 856-2222 today.

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