Being accused of an act of domestic violence can often be a stressful situation. The charges are serious, even if the offense is a misdemeanor. However, when the charges include the accusation of strangulation, the offense automatically could be considered a felony.
A conviction could mean prison time, expensive fines, and other sanctions. A person will also have to deal with the social aspect of being convicted. This could mean difficulty finding a job and struggling to maintain social relationships. Keeping a clean criminal record is important to getting your life back to normal.
If you have been accused of domestic violence involving strangulation, contact Las Vegas domestic violence defense lawyer Jeffrey Jaeger. Jeffrey will work diligently and discreetly on your case. He is passionate about helping clients defend themselves against even the toughest charges, no matter the situation.
The Law Offices of Jeffrey Jaeger represents clients throughout Clark County, including those in Las Vegas, North Las Vegas, and Henderson. Tourists and out-of-state visitors facing charges also can rely on Jeffrey for his passion and knowledge. Call (702) 816-3888 today to schedule a free initial consultation.
Strangulation is considered the intentional impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck. Blocking the nose or mouth of another person in a manner that creates a risk of death or substantial bodily harm is also considered strangulation, according to Nevada Revised Statute 200.481.
However, for an offense to be considered domestic violence rather than assault there must be a specific relationship between the alleged offender and the victim. Under Nevada Revised Statute 33.018, domestic violence acts can occur between the following people:
According to state law, a dating relationship is defined as any sort of frequent or intimate association that is primarily is characterized by the expectation of affection or sexual involvement. This does not include a casual relationship, friendship, or association between people in a professional or casual context.
If a person is accused of committing an act of domestic violence by strangulation, he or she is facing Category C felony charges, according to Nevada Revised Statute 200.485. This is punishable by between one to five years in a state prison and up a fine up to $15,000.
If substantial bodily harm results to the victim or the battery is committed by strangulation, the charge is a category B felony, according to Nevada Revised Statute 200.481. This is punishable by between two to 15 years in a state prison and up to a $10,000 fine.
Additionally, a domestic violence conviction could have other impacts on a person's life. He or she could be forbidden from possessing or using a firearm. The court could also order the offender to attend treatment programs for people who commit acts of domestic abuse.
Proving the strangulation aspect of the charge sometimes can be difficult. Law enforcement officers who respond to a domestic violence call can examine the alleged victim's neck and look for bruises, marks, and scratches.
Officers can also use the word of the victim and the alleged offender to get more insight into what allegedly happened. If a witness was present at the time of the offense, police can also question them about whether or not strangulation occurred. Any evidence obtained could be challenged.
If strangulation is not evident in the domestic abuse case, an experienced domestic violence attorney can fight to have the charges reduced to battery or to have them dismissed. Being accused of strangulation makes the charge a felony offense. Fighting that aspect is crucial in protecting your future.
Domestic violence charges should be taken seriously. Whether the charges are the result of a mistake or a misunderstanding, Las Vegas domestic violence defense attorney Jeffrey Jaeger will take the time to work with you to build a strong defense in your case. Call (702) 816-3888 to schedule a free consultation.
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