In Nevada, the crime of domestic battery by strangulation is defined as choking a current or former dating partner, spouse, child, or blood relative (not including siblings or cousins). Choking still counts as strangling even if it lasted only an instant and caused no injuries.
Penalties
Domestic battery by strangulation is a category C felony in Nevada, carrying:
- one to five (1 – 5) years in prison, and
- up to $10,000 in fines (at the judge’s discretion)
However, the charges could be reduced or dismissed through a plea bargain.
Defenses
Here at Las Vegas Defense Group, we have represented literally thousands of people charged with battery domestic violence. In our experience, five defenses to strangulation allegations that we find to be very persuasive with prosecutors, juries are judges are:
- You were acting in self-defense.
- The alleged victim falsely accused you.
- The incident was an accident.
- You may have unlawfully touched the victim but did not strangle them. (This defense might get the charge reduced to a misdemeanor but not dismissed.)
- Law enforcement committed misconduct.
In this article, our Las Vegas criminal defense attorneys discuss strangling as a form of battery domestic violence in Nevada (NRS 200.485):
- 1. How does Nevada law define domestic battery by strangulation?
- 2. What are the penalties?
- 3. What are common defense strategies?
- 4. Are there immigration consequences?
- 5. If I’m convicted, can the record be sealed?
- 6. What are the penalties for strangulation in non-domestic situations?
- 7. Additional resources
Strangling a spouse is a felony in Nevada.
1. How does Nevada law define domestic battery by strangulation?
In Nevada, battery domestic violence by strangulation occurs when you strangle your:
- spouse or domestic partner (current or separated);
- co-parent;
- significant other (current or separated);
- minor children of any of the above people;
- relative by blood or marriage (except for cousins or siblings unless they are in a guardianship or custodial arrangement with you); or
- a person you are a guardian of.1
Nevada’s legal definition of strangulation is
“intentionally applying sufficient pressure to another person to make it difficult or impossible for the person to breathe, including, without limitation, applying pressure to the neck, throat or windpipe that may prevent or hinder breathing or reduce the intake of air, or applying any pressure to the neck on either side of the windpipe, but not the windpipe itself, to stop the flow of blood to the brain via the carotid arteries.”
The choking does not need to last for more than a second. We have seen cases where the briefest wringing of one’s neck counted as strangling by prosecutors and juries.
2. What are the penalties?
Domestic violence with strangulation is a category C felony in Nevada. The sentence is:
- one to five (1 – 5) years in State Prison, and
- up to $10,000 in fines (at the judge’s discretion).
If you also used a deadly weapon, battery domestic violence with strangulation is a category B felony. The punishment is:
- two to fifteen (2 – 15) years in state prison, and
- possibly up to $10,000 in fines. (There is no fine if you were on parole or probation.)2
3. What are common defense strategies?
We have a long track record of getting Nevada charges of domestic violence by strangulation reduced or completely dismissed. Five potential defenses we routinely use are to show that:
- The alleged victim attacked you, and you reasonably defended yourself.
- The alleged victim falsely accused you, perhaps out of anger, revenge, or to gain an upper hand in a child custody case.
- The incident was an accident, and you were not at fault.
- Any battery that occurred did not include strangling. (This defense could cause your felony charge to be reduced to a misdemeanor.)
- Law enforcement committed misconduct, such as coercing your confession or finding evidence through an unlawful search.
As evidence, we may hire a medical expert knowledgeable about the marks that strangling leaves on the skin. Such an expert may be able to distinguish between genuine strangling bruises and those that are self-imposed by lying “victims.”
In any case, the prosecution has the burden to prove guilt beyond a reasonable doubt. In cases with no physical evidence and just “he said/she said” testimony, it may be difficult for the state to meet this burden of proof.
A potential defense to charges of DV by strangulation is that you were acting in self-defense.
4. Are there immigration consequences?
DV by strangulation is a deportable offense. With our clients who are non-citizens, we have had great success in getting these charges dismissed or reduced to non-deportable offenses so that they can stay in the U.S.3
5. If I’m convicted, can the record be sealed?
A conviction for domestic violence with strangulation may be sealed ten (10) years after the case ends. If the case got dismissed, then there is no waiting period to petition for a record seal.4
6. What are the penalties for strangulation in non-domestic situations?
The sentence for committing battery (NRS 200.481) by strangulation is:
|
“Battery by strangulation” charge |
Penalties under NRS 200.481 |
| You did not use a deadly weapon | Category C felony:
If you were on parole or on probation, then battery is a category B felony. It carries 1 to 6 years in prison. |
| You used a deadly weapon | Category B felony:
There is no fine if you are on parole or probation |
| The victim was on duty as a police officer or other “protected class”
(Also see our article about battery on a peace officer) |
Category B felony:
|
7. Additional resources
If you are in immediate danger, call 911. Otherwise, victims can find information and support through the following organizations.
- Nevada Coalition to End Domestic and Sexual Violence
- Nevada 211
- Crisis Support Services of Nevada
- Mary’s Law for Nevada
- Legal Aid Center of Southern Nevada
- Domestic Violence Resource Center
- DomesticShelters.org
Legal References
- Nevada Revised Statute 200.485; NRS 200.481(h); NRS 33.018; Nevada Assembly Bill 60 (2019); LaChance v. State, 321 P.3d 919, 130 Nev. Adv. Rep. 29 (Supreme Court, 2014) (“In reviewing the evidence in the light most favorable to the prosecution, we conclude that a rational trier of fact could have found beyond a reasonable doubt that LaChance strangled Lane. The State presented evidence that LaChance placed his knee on Lane’s chest and his hands on her clavicle/lower part of her neck and then put pressure on the area, impeding her breathing to the point that her vision was impaired. Depriving Lane of oxygen to the point where she lost vision supports a finding that LaChance applied pressure to Lane’s throat or neck in a manner that created a risk of death or substantial bodily harm. Accordingly, we affirm the conviction for domestic battery by strangulation.”). Note that domestic abuse is also commonly called family-, dating-, or spousal- violence. Many domestic violence cases involve assault, battery (including pushing or shoving), stalking, and/or false imprisonment. See also Brown v. State (2020) 465 P.3d 220. Also see Ovalle v. State (2019) 454 P.3d 1261. SB 412 (2023). AB 257 (2023).
- NRS 200.485. Before Assembly Bill 164 (2009), DV by strangulation was a misdemeanor. It carried up to 6 months in jail and/or up to $1,000 in fines.
- INA § 237(a)(2)(E).
- Nev. Rev. Stat. 179.245; NRS 179.255.
- NRS 200.481.