Understanding Your Rights and Options
Have you ever found yourself sitting in a police car, wondering how a heated argument spiraled so quickly out of control? Or perhaps you’ve received notification of domestic violence allegations against you that seem to have come out of nowhere. In Reno, these situations happen more often than you might think, and the consequences can be life-altering.
Domestic violence charges in Nevada aren’t simply “family matters” to be handled privately. They’re serious criminal accusations that can affect your freedom, career, and reputation. But here’s the truth many don’t realize until it’s too late: being accused doesn’t mean you’re without options or hope.
At Joey Gilbert & Associates, we’ve helped countless Reno residents through the complex maze of domestic violence charges. We’ve seen firsthand how misunderstandings, emotional reactions, and even deliberate false accusations can thrust innocent people into the criminal justice system. That’s why we’ve created this comprehensive blog—to help you gain clarity during what might be one of the most confusing and frightening times of your life.
What Exactly Constitutes Domestic Violence in Nevada?
In Nevada, domestic violence isn’t limited to physical attacks between spouses. The law casts a much wider net, encompassing various relationships and behaviors that might surprise you.
Defining Domestic Violence Under Nevada Law
According to Nevada Revised Statute (NRS) 33.018, domestic violence occurs when a person commits specific acts against someone with whom they share a qualifying domestic relationship. These relationships include:
- Current or former spouses
- People related by blood or marriage
- Current or former dating partners
- People who currently or formerly lived together
- People who have children together
- The minor child of any of these persons
The acts that constitute domestic violence in Nevada include:
- Battery (any physical force or violence)
- Assault (attempting to use physical force or intentionally placing another in fear of immediate bodily harm)
- Coercion (forcing someone to do something they have the right not to do, or preventing them from doing something they have the right to do)
- Sexual assault
- Harassment or stalking
- Destruction of private property
- Trespassing
- Larceny
- Arson
- Home invasion
- Substantial bodily harm or fear of substantial bodily harm
It’s critical to understand that in Nevada, domestic violence encompasses more than just physical violence. Actions such as threatening behavior, intimidation, or even preventing someone from using their phone to call for help can potentially lead to domestic violence charges.
The Serious Consequences of Domestic Violence Convictions in Reno
Nevada takes domestic violence very seriously, with strict mandatory penalties that increase with each offense. Unlike many other misdemeanors, judges have limited discretion in sentencing—if you’re convicted, certain penalties are mandatory.
First Offense (Misdemeanor)
If convicted of a first offense domestic violence charge (within a 7-year period), you face:
- 2 days to 6 months in jail
- 48 to 120 hours of community service
- Fines ranging from $200 to $1,000
- Mandatory completion of weekly domestic violence counseling sessions (1.5 hours per week for 6-12 months)
- Potential loss of firearm rights under federal law
Second Offense (Misdemeanor)
A second conviction within 7 years escalates the penalties to:
- 10 days to 6 months in jail
- 100 to 200 hours of community service
- Fines ranging from $500 to $1,000
- Mandatory completion of domestic violence counseling for at least 12 months
Third Offense (Category C Felony)
A third conviction within 7 years becomes a Category C felony, resulting in:
- 1 to 5 years in Nevada state prison
- A fine of up to $10,000
- A permanent felony record
- Permanent loss of gun rights
- Potential deportation for non-citizens
Aggravating Circumstances
Certain factors can enhance the severity of charges and penalties:
- Strangulation: Even a first offense involving strangulation is charged as a Category C felony
- Use of a deadly weapon: Elevates the charge to a Category B felony with 2-15 years in prison
- Substantial bodily harm: Significantly increases potential penalties
- Pregnant victim: Increases penalties substantially
- Child present during the incident: Can result in additional charges or enhanced penalties
The Legal Process for Domestic Violence Cases in Reno
Understanding the legal process can help you navigate a system that often feels overwhelming.
Immediate Aftermath of a Domestic Violence Call
When police respond to a domestic violence call in Reno, they’re required by Nevada law to make an arrest if they have probable cause to believe domestic violence occurred, even if:
- The alleged victim doesn’t want to press charges
- There are no visible injuries
- Both parties claim to be victims
- The incident seems minor
Once arrested, you may be held for a cooling-off period, typically up to 12 hours, depending on the specific circumstances and jail policies.
Court Proceedings
The legal process generally follows these steps:
- Arraignment: Your first court appearance, where you’ll enter a plea (guilty, not guilty, or no contest)
- Pretrial Conference: Unlike most misdemeanors, domestic violence cases often skip straight to trial setting, as Nevada law restricts plea bargaining in domestic violence cases
- Trial: For first and second offenses, you’ll likely have a bench trial (judge only), while felony cases have the right to a jury trial
- Sentencing: If convicted, the judge will impose penalties according to the guidelines mentioned above
Protective Orders
Often, temporary protective orders (TPOs) are issued in domestic violence cases. These can:
- Prohibit contact with the alleged victim
- Force you to move out of a shared residence
- Affect child custody and visitation arrangements
- Impact your ability to go to certain locations
Violating a protective order is a separate crime that can result in additional charges.
Building Your Defense: Strategies That Work
Many people believe that once they’re charged with domestic violence, conviction is inevitable. This simply isn’t true. There are several effective defense strategies that can lead to reduced charges or case dismissal.
Common Defense Strategies for Domestic Violence Charges
1. Self-Defense
If you reasonably believed you were in danger and used proportional force to protect yourself, self-defense may be a valid legal defense. Nevada law recognizes your right to defend yourself, even if you’re not the one who called the police.
2. False Accusations
Unfortunately, domestic violence allegations are sometimes fabricated for advantage in divorce proceedings, custody battles, or out of anger or revenge. We meticulously investigate the accuser’s motives and inconsistencies in their story.
3. Lack of Evidence
The prosecution must prove beyond a reasonable doubt that you committed the alleged acts. Often, domestic incidents occur with no witnesses other than the parties involved, making it a “he said, she said” situation that may not meet this high standard of proof.
4. Accident
Not all contact that results in injury is intentional. If the contact was truly accidental rather than willful, this can be a valid defense.
5. Unlawful Search and Seizure
If evidence was obtained through an illegal search or other constitutional violation, we may be able to have that evidence suppressed, potentially weakening the prosecution’s case significantly.
Long-Term Impacts of Domestic Violence Convictions
Beyond the immediate legal penalties, a domestic violence conviction can affect your life in numerous ways:
Career Consequences
Many employers conduct background checks, and a domestic violence conviction—even a misdemeanor—can:
- Prevent you from obtaining professional licenses
- Disqualify you from jobs in education, healthcare, government, or security
- Create barriers to career advancement
- Lead to termination from current employment
Personal Impacts
A conviction can also:
- Permanently revoke your right to own or possess firearms (even for misdemeanors)
- Affect housing applications
- Impact child custody determinations
- Create barriers to immigration or naturalization
- Damage your personal and professional reputation
How Our Reno Domestic Violence Defense Attorneys Can Help
Facing domestic violence charges without skilled legal representation is risky. Our attorneys at Joey Gilbert & Associates have extensive experience defending Reno clients against domestic violence charges.
We can help by:
- Conducting a thorough investigation of your case
- Identifying weaknesses in the prosecution’s evidence
- Building a strategic defense tailored to your specific situation
- Negotiating with prosecutors when possible
- Aggressively representing you at trial when necessary
- Working to minimize the impact on your life and future
Key Takeaways About Domestic Violence Charges in Reno
- Domestic violence encompasses a wide range of behaviors between people in qualifying relationships
- Nevada imposes mandatory penalties that increase with each offense
- Unlike other misdemeanors, judges have limited discretion in sentencing
- Effective defenses exist, but require skilled legal representation
- A conviction can have far-reaching consequences beyond the criminal penalties
- Early intervention by an experienced attorney can significantly improve outcomes
Frequently Asked Questions About Domestic Violence Charges
Can the alleged victim drop domestic violence charges in Nevada?
No. Once charges are filed, the case is between the State of Nevada and the defendant. The alleged victim cannot simply “drop the charges.” The prosecutor has sole discretion regarding whether to proceed with the case, even if the alleged victim recants or doesn’t wish to cooperate.
Will I lose my gun rights if convicted of domestic battery?
Yes. Federal law prohibits anyone convicted of a domestic violence offense—even a misdemeanor—from owning or possessing firearms. This restriction is permanent unless the conviction is pardoned, expunged, or set aside.
Can I get a domestic violence conviction sealed in Nevada?
First offense misdemeanor domestic violence convictions can be sealed after 7 years. Second offense misdemeanors can be sealed after 12 years. Felony domestic violence convictions can be sealed 10 years after your case closes, but only if you’ve had no other criminal convictions during that period.
What happens if I’m not a U.S. citizen and I’m charged with domestic violence?
Non-citizens convicted of domestic violence face serious immigration consequences, including potential deportation, denial of naturalization, or being deemed inadmissible to the U.S. in the future. If you’re not a citizen, it’s crucial to work with an attorney who understands both criminal defense and immigration law.
Does counseling actually help resolve domestic violence cases?
Domestic violence counseling can be beneficial in multiple ways. In some cases, early voluntary enrollment in counseling can demonstrate to the court your commitment to addressing any issues and may positively impact your case. Additionally, successful completion of required counseling is necessary to fulfill court-ordered sentencing requirements.
What if the alleged victim doesn’t appear in court?
The case may still proceed even if the alleged victim doesn’t appear in court. Prosecutors can introduce evidence such as 911 calls, photographs, officer testimony, and statements made by the alleged victim at the scene. However, the absence of the primary witness often weakens the prosecution’s case significantly.
Contact Your Advocates When It Matters Most
Facing domestic violence charges can be overwhelming, but you don’t have to face them alone. At Joey Gilbert & Associates, we bring years of experience defending Reno residents against domestic violence allegations.
Our approach is proactive, thorough, and focused on achieving the best possible outcome for your unique situation. We understand what’s at stake—your freedom, reputation, career, and future—and we’re committed to defending your rights at every stage of the process.
Don’t wait to get the legal help you need. Domestic violence cases move quickly, and early intervention can make a critical difference in the outcome. Contact Joey Gilbert & Associates today for a free consultation to discuss your case and explore your options.
Remember: Being charged is not the same as being convicted. With the right defense strategy and an experienced attorney by your side, there is hope for moving past this challenging time and protecting your future.
