Battery Domestic Violence – Strangulation (Felony)
In 2009, Assembly Bill 164 went into effect in Nevada to impose stricter penalties on individuals who commit certain domestic violence offenses. The penalties are very serious for those accused of domestic violence, especially involving strangulation. If you are accused of this criminal act, it is essential you contact a Las Vegas criminal defense lawyer for help in protecting your rights and minimizing or avoiding the consequences of conviction.
At Hofland & Tomsheck, our knowledgeable and compassionate Las Vegas domestic violence defense lawyers have nearly two decades of experience helping clients accused of committing criminal acts. We understand how frightening it can be to face criminal charges and we will do everything possible to protect you from conviction or to reduce the charges and penalties that go along with a conviction for domestic violence strangulation.Domestic Violence Strangulation in Nevada
Strangulation in Nevada is defined as intentionally stopping someone from breathing normally or creasing someone’s normal breathing or blood flow by blocking the airways or by pressing on the throat. The intentional effort to stop normal blood flow or breathing could potentially result in death or serious injuries.
Under Assembly Bill 164, incidents of domestic battery that involve strangulation will now lead to felony charges. Nevada Revised Statutes section 200.481 stipulates that you can be charged with either a Category B or a Category C felony. This means you could face potential penalties including:
- One to 20 years of incarceration for a Category B felony, as well as fines up to $10,000
- One to five years of incarceration for a Category C felony and a fine of up to $15,000
The specific criminal charges and potential penalties will vary depending upon the victim, whether the suspect already has a criminal background, and whether a deadly weapon was used.
Domestic violence strangulation can also lead to other criminal charges, including a charge of attempted murder.What to Do If You Are Accused of Domestic Violence Strangulation
Even an accusation of domestic violence can result in a criminal investigation, and prosecutors can press charges even without the cooperation of the victim. This means that if police have good reason to believe you may have strangled a loved one or family member, you need to be proactive in protecting your rights.
An experienced Las Vegas domestic violence strangulation lawyer can help you understand the criminal charges and can represent you when you speak to law enforcement to ensure you do not have any of your constitutional rights violated, including the right not to incriminate yourself. Your criminal defense attorney can also help you negotiate a plea agreement with the prosecutor or defend you in court so you can face lesser charges or hopefully end your case with the charges dropped or a not-guilty verdict. Remember, you are innocent until proven guilty, and your lawyer will try to make sure that the prosecutor cannot make the case.
Hofland & Tomsheck understands the ins and outs of the laws related to domestic violence and violent crimes. Contact our experienced Las Vegas strangulation lawyers today to arrange a free consultation.