It is against both state and federal laws for an individual convicted of a domestic violence crime to buy, own or otherwise control a firearm. Furthermore, it is illegal to possess a gun even if your conviction for domestic violence was a misdemeanor. Anyone accused of physical violence, threatening physical violence or imparting the fear of imminent physical harm to an intimate partner, family or household member can have a A Restraining order placed against them.
If you have been charged with felony domestic violence in Las Vegas or anywhere else in Clark County, Nevada, read through this page and give me a call to discuss your case.
Below Conviction offense and prison violence the most common ways a domestic violence charge becomes a felony and the potential punishment you face if convicted. Domestic Violence Third Offense If you have been convicted of battery domestic violence twice in the past seven years, any subsequent charge for domestic violence is a felony, punishable by 1 to 5 years in a Nevada prison.
And unlike most other charges, if you are convicted of felony domestic violence, the judge cannot suspend the sentence and place you on probation. This means that if you are convicted of domestic violence third offense, you must do a year in prison before you become eligible for parole.
A third offense still triggers felony treatment even if your second offense was plead down to a first offense for the purpose of punishment.
But keep in mind, this only applies to domestic violence convictions. If you were charged with a second domestic violence, but the charge was dismissed or plead down to a simple battery, disorderly conduct, or any charge other than battery constituting domestic violence, third offense felony treatment will not be triggered.
Battery Domestic Violence Strangulation If you are in a domestic relationship with someone, and are accused of choking that person, you will likely be charged with battery domestic violence strangulation.
But what is strangulation? Nevada law defines strangulation as "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.
There are two types of chokes. Blood chokes and air chokes. Air chokes restrict breathing through compressing the windpipe.
Blood chokes occur when the carotid arteries on the sides of a person's neck are compressed, which interrupts blood flow to the brain. Both types of chokes can lead to unconsciousness and eventually death. However, blood chokes can cause unconsciousness within seconds, whereas air chokes take significantly longer to work.
To illustrate the difference, think of how long you can hold your breath without passing out, then compare that to how quickly a choke in mixed martial arts leads to a tapout submission. In reality, it is debatable whether many of the alleged chokes charged ass domestic violence strangulation actually create "a risk of death or substantial bodily harm.
However, if the alleged victim claims that she was near unconsciousness, however briefly, the district attorney will almost certainly file the case as a felony domestic violence strangulation. Battery domestic violence strangulation is a felony punishable by 1 to 5 years in prison.
Like third offense domestic violence, the judge is not allowed to grant probation if you are convicted of this offense.
This means that if you don't beat the case or plead to a lesser offense, you'll do a minimum of one year in prison before you become eligible for parole. Domestic Violence With Substantial Bodily Harm A simple push is enough for a misdemeanor conviction for domestic violence. However, if the domestic battery allegedly results in "substantial bodily harm," the case will be charged as a felony.
It can be either 1 "[b]odily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ" or 2 "[p]rolonged physical pain.
The term "crime of violence" means— (a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or Congress might, for example, say that a conviction for any felony carrying a prison sentence of a specified length opens an alien to removal. Congress has done. Domestic Violence Law- Expunge Domestic Violence Charge or Conviction Provide below are the statutes for California regarding domestic violence. If you have been convicted of domestic violence, we recommend the leading expungement law firm, monstermanfilm.com to expunge your record. This is true whether or not the statute specifically defines the offense as a domestic violence misdemeanor. For example, a person convicted of misdemeanor assault against his or her spouse would be prohibited from receiving or possessing firearms. Date of Previous Conviction: a sentence of imprisonment (felony or misdemeanor) only to.
Regular scrapes, bumps, and bruises do not ordinarily count as substantial bodily harm. Note that if a "deadly weapon" is used to cause the substantial bodily harm, the sentence is increased to 1 to 15 years in a Nevada prison.
Domestic Violence With Use of Deadly Weapon A domestic battery committed with the use of a "deadly weapon" is a felony. What counts as a deadly weapon and triggers felony domestic violence treatment? Pursuant to NRS But a deadly weapon can also be any object that is used in a way that can cause substantial bodily harm.
Examples of this type of "deadly weapon" might include a heavy candlestick, or even a piece of bed frame if the alleged victim's neck is pushed against it. However, if the alleged victim suffers substantial bodily harm as a result, the prison sentence is increased to 2 to 15 years.Depending on the circumstances of the case it may be possible to have a domestic violence misdemeanor expunged from your record.
In California a domestic violence allegation can be charged as a felony or a misdemeanor. Domestic Violence Law- Expunge Domestic Violence Charge or Conviction Provide below are the statutes for California regarding domestic violence.
If you have been convicted of domestic violence, we recommend the leading expungement law firm, monstermanfilm.com to expunge your record. If the present conviction is for a drug offense and the offender has a criminal history that includes a sex offense or serious violent offense, count three points for each adult prior felony drug offense conviction and two points for each juvenile drug offense.
The characteristics of, and disciplinary data on, 51, inmates in the Florida Department of Corrections, including 9, inmates who had been convicted of some degree of homicide, were examined for rates and correlates of prison misconduct and violence.
Disciplinary misconduct and institutional acts of violence committed by an . Robbery is a serious criminal offense in the state of Florida. Depending on the circumstances, a robbery conviction can be punishable by up to 30 years in a Florida State prison.
The crime of robbery is similar to theft, however, it includes the elements of force or violence. In a robbery the. Post Conviction/Expungement.
Our Services An attempt to commit a felony for which the maximum punishment is life in prison; A domestic violence felony conviction if the person had a prior domestic violence conviction criminal convictions.
Only one can be a felony (a felony conviction is an offense punishable by over a year.