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How To Bail Out From Domestic Violence Charges

Battery or Domestic Violence charges may affect everyone, either way, abused or falsely accused, this demands an immediate legal attention.

Under the Nevada law, “Battery” or Domestic Violence is defined as, NRS 200.481 Battery: Definitions; penalties

According to law.justia.com:

“Battery” means any willful and unlawful use of force or violence upon the person of another.

Before battery falls under the crime of “Battery Domestic Violence” or BDV, the alleged victim must have domestic relations to the accused.

NRS 33.018 Acts which constitute domestic violence

“Domestic violence occurs when a person commits one of the following acts against or upon the person’s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person is or was actually residing, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person’s minor child or any other person who has been appointed the custodian or legal guardian for the person’s minor child..”

Most common domestic violence charges may involve offenses like:

  • Domestic Battery
  • Substantial Bodily Harm
  • Choking or Strangulation
  • Child Abuse or Neglect
  • Abusive to Elderly or Exploitation of the Elderly
  • Stalking / Aggravated Stalking
  • Rape and Drug Crimes
  • And Illegal Entry

In most cases, clients could possibly commit the crime. And if you have noticed the law regarding battery or domestic violence charges were very specifically created for the protection of the victims which constitute the law also with a harsher penalties and punishments.

PUNISHMENTS AND PENALTIES

Assuming that you were falsely charged with Battery or Domestic Violence, certain things could happen to you. You could lose your job and everything you own, and even lose custody of the kids if you have any. The court may also issue a temporary restraining order and incur criminal records for something you didn’t do.

According to avvo.com:

First Offense within 7 years (Misdemeanor)

  • Jail time: 2 days (mandatory) to 6 months
  • Community Service: 48 hours to 120 hours
  • Fine: $200 to $1000
  • Counseling: 26 or 52 weekly battery domestic violence classes – each class is an hour and a half (you are required to pay for these classes)
  • Discretionary
    • Alcohol or drug treatment program
    • Therapeutic counseling for child victims at your expense.

Second Offense within 7 years (Misdemeanor)

  • Jail time: 10 days (mandatory) to 6 months
  • Community Service: 100 hours to 200 hours
  • Fine: $500 to $1000
  • Counseling: 52 weekly battery domestic violence classes – each class is an hour and a half (you are required to pay for these classes)
  • (Discretionary)
    • Alcohol or drug treatment program
    • Therapeutic counseling for child victims at your expense.

Third Offense within 7 years (Category C Felony)

  • Mandatory prison sentence of 1 to 5 years. (this is a non-probationable offense)
  • (Discretionary) Fine not more than $10,000

A Third-time offense that involves Substantial Bodily Harm, Choking or Strangulation, or deadly weapons is automatically charged as felony up to 15 years in prison.

LEGAL DEFENSES FOR DOMESTIC VIOLENCE

There are several ways to fight off domestic violence charges in Nevada:

  • Proof that the alleged victim’s injuries perhaps self-inflicted and the stories were just made up.
  • Either the incident was an accident or the accused acted in self-defense

Aside from hiring a lawyer, protecting your rights and privacy, you may also choose to post a misdemeanor bail bond by hiring a bail bondsman but would cost you of a service fee for up to $1,000.00.

The court may then order the defendant be released on a bail bond that is much lower than what is prescribed in the newly set schedule. To do so, the court may consider the circumstances of the arrest, alongside with the defendant’s:

  • Financial situation
  • Community ties
  • Occupation and employment history
  • Familial ties
  • Reputation and character
  • Previous criminal history
  • Likelihood of more criminal acts committed after release

In certain cases the defendant may be released on their own recognizance (also referred to as “ROR”), or personal word they will later appear in court.

Bails are set in court in many factors but you have the option to pay a standard bail while waiting for your first court appearance. It usually takes up around 72 hours or about 3 days to get into court for the first appearance so it is up to you whether you choose to rather wait in prison for your court presence or bail out until your scheduled first court appearance.