Domestic Battery by Strangulation Explained
Anyone charged with domestic violence with strangulation can get some serious punishment. In this article, we will thoroughly discuss Domestic Violence with Strangulation.
Strangulation Legal Definition
According to Nevada, strangulation is defined 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 risk of death or substantial bodily harm.” In simple terms, this breach of the law happens when a person chokes a person with the intention to kill or injure a person.
Let’s dig down deeper. There are two types of chokes as defined by the law, the blood choke – which is the impeding of the circulation of blood, and the air choke – by restricting the normal breathing cycle. Air chokes occur by forcefully compressing the windpipe. Blood choke occur when the arteries on the person’s neck are compressed, limiting the blood flow to the brain. Both of these choke can cause injury or even death.
Nevada Laws Regarding Domestic Battery by Strangulation
The older Nevada law classifies domestic battery by strangulation as a misdemeanor, with a punishment of imprisonment of an imprisonment of not more than 6 months, plus fines of up to $1,000.
Due to huge number of cases involving domestic battery with strangulation, a new bill went into effect. It raised the punishment for domestic battery by strangulation into a felony. The case and the corresponding penalties are now classified as:
- If there are no deadly weapons involved in the strangulation, then it will be classified as Category C Felony: a prison time of 1 to 5 years with no probation or suspended sentence. Plus a mandatory fine of not more than $15,000.
- If there are deadly weapons involved in the strangulation, it will be classified as a Category B Felony: a prison time of 2 to 15 years, and a fine of not more than $10,000.
Seek Help from a Domestic Violence Attorney
If you know someone who is a victim or charged of domestic violence by strangulation. Seek legal counsel from an experienced and dedicated Las Vegas Domestic Violence Lawyer – Attorney Ross Goodman. For a free consultation, you may fill-out our online form or, you may call us at (702) 385-5088.