Is a Battery Domestic Violence Charge in Las Vegas Just a Small Misdemeanor?
Why does a Las Vegas Battery Domestic Violence charge stick with you for so long, and what can a good lawyer do about it?
When people hear about a domestic violence charge, they often think it’s not a big deal. Maybe it’s just a heated argument that got out of hand. Maybe it was a simple shove or a push. I’ve heard it all over my 30-plus years of practicing law in Las Vegas, Henderson, and North Las Vegas. And I have to tell you, the laws here don’t see it that way at all.
I’m Attorney Michael Gowdey, and my law firm, The Law Offices of Michael I. Gowdey, Ltd., has been helping people in this area for decades. We’ve seen firsthand how a single charge of Battery Domestic Violence (BDV) can turn a person’s life upside down. It’s a lot more serious than you might think, and it’s something you need to take seriously right from the very beginning.
Let’s talk about what this charge really means, what the penalties are, and why getting the right help from the start is so incredibly important.
What Exactly is Battery Domestic Violence in Nevada?
First off, let’s clear up what the law says. In Nevada, “battery” is when you use unlawful physical force against another person. It doesn’t have to be a big, bad fight. It can be as simple as pushing, shoving, or even just touching someone in a hostile or angry way. When that battery happens to a person you have a certain relationship with, the police and courts call it “Battery Domestic Violence.”
The law, specifically NRS § 200.485, says this special charge applies to people who are:
- Your husband or wife, or ex-husband or ex-wife.
- Your boyfriend or girlfriend, or ex-boyfriend or ex-girlfriend.
- A person you live with.
- Someone you have a child with.
- Your child or other relative who lives in your house.
See? The law makes it a special, serious crime just because of who the other person is. It’s not about how hard you pushed them or if they were hurt. It’s about the relationship.
The Big Picture: Stats That Might Surprise You
In my experience, a lot of people don’t realize just how often these things happen here in Southern Nevada. Las Vegas and the surrounding areas have a higher rate of domestic and interpersonal violence than many other places in the country. Nevada has even been ranked in the top 10 states for domestic violence victimization of women. You can see data from the National Coalition Against Domestic Violence (NCADV) on this, showing Nevada’s rate of 43.8 percent for women.
In 2024, the Las Vegas Metropolitan Police Department (LVMPD) received 17,898 domestic violence reports. That’s a huge number. To put it another way, about 49 domestic violence reports are filed every single day in Las Vegas. That’s why the police and courts take these cases so seriously. They have a “mandatory arrest” rule, which means if an officer has a reason to believe domestic violence happened, they must arrest the person they think is the “primary physical aggressor.” It doesn’t matter if the other person says they don’t want to press charges—the police have to do it anyway.
And here’s a stat most people don’t think about: In 2024, out of 22,195 domestic violence incidents in Clark County, over half—11,151 of them—had a child present. That’s a stat that shows just how big the fallout is from these cases, and it’s a big reason why judges and prosecutors come down so hard on these charges.
The Penalties Are a Big Deal, Even for a First Offense
You might think, “It’s a misdemeanor, what’s the big deal?” But the truth is, the penalties for a Battery Domestic Violence conviction in Nevada are much tougher than for other crimes.
A first-time misdemeanor BDV conviction, within a seven-year period, can land you with:
Jail time
Up to six months in jail, though in many cases a judge will suspend the jail sentence if you follow all the rules.
Fines
Between $200 and $1,000, plus court costs.
Community Service
48 to 120 hours.
Mandatory Counseling
You must attend domestic violence counseling for at least six months. This isn’t a quick class; it’s a serious time commitment.
Other consequences
This conviction can stop you from owning or having a gun, and it can show up on background checks for jobs or even housing.
A second offense within seven years is still a misdemeanor, but the punishment gets much worse. It carries a mandatory minimum of 20 days in jail. That’s not a suspended sentence; that’s real time you have to serve.
A third offense within seven years is a felony. That means a potential prison sentence of one to six years, plus huge fines. And if you’re ever charged with BDV again, it’s a felony for life. No matter how small the incident, if you have a felony BDV on your record, your next charge will be a felony, too.
The “No-Bail” Problem: A Hard Lesson
There’s another unique thing about a BDV arrest in Las Vegas: the 12-hour hold. Once you’re arrested for domestic violence, you can’t be released on bail for at least 12 hours. This is a “cooling-off period” the state requires, but it’s also a major inconvenience and a big shock to people who have never been in trouble before. It’s an immediate, serious consequence that shows the state of Nevada is not messing around. This is a problem many other misdemeanor arrests don’t have.
Why You Need a Seasoned, Experienced Defense Attorney
When you’re facing a charge like this, you can’t just hope it goes away. You need someone who knows the system, knows the prosecutors, and knows the judges. This isn’t the time for a rookie lawyer or a public defender who is overwhelmed with cases. You need an attorney who has spent decades in the trenches, fighting for people’s rights.
That’s where my firm comes in. For over 30 years, The Law Offices of Michael I. Gowdey, Ltd. has built a reputation for being tough, smart, and experienced. We’ve won multiple awards and have been recognized as some of the top legal minds in Las Vegas. I have personally handled well over a thousand criminal cases, and I’m a member of prestigious organizations like the National Association of Criminal Defense Lawyers. We know what it takes to get results. (You can read more about my experience here: https://gowdeylaw.com/attorney-gowdey-las-vegas/)
A lot of the time, the police only get one side of the story. They arrive, they see what they see, and they have to make an arrest. My job is to make sure the prosecutor hears your side of the story. We can challenge the evidence, question the witnesses, and look for inconsistencies. We might be able to get the charges dropped, reduced to a lesser offense, or even dismissed entirely.
The court process is complex, and it’s designed to be hard on people who don’t know the rules. A good attorney can explain everything to you in plain English. We can help you understand the charges, the possible outcomes, and the best path forward. We’ll be in your corner, fighting for you every step of the way.
For example, a lot of people worry about the “no-bail” rule. A good lawyer can get to work right away, making sure that once the 12 hours are up, you have the best chance of getting out. We can also start working on the case before you even get to court. That early work is often the key to getting a good result.
Beyond the Courtroom: How a BDV Conviction Affects Your Life
This isn’t just about jail time and fines. A BDV conviction can follow you for years, affecting everything from your job to your relationships.
Employment
Many jobs, especially those in healthcare, education, or government, will not hire people with a domestic violence conviction. Even if you have a great job now, a conviction could put it in jeopardy.
Child Custody
If you have children, a conviction can have a major impact on your custody rights. Nevada law says that if there’s been domestic violence, a court should not award the abuser primary or joint physical custody unless it’s proven otherwise. This is a very serious hurdle to overcome. You can learn more about this at the Legal Aid Center of Southern Nevada’s website (https://www.lacsn.org/practice-areas/domestic-violence-project/domestic-violence).
Firearm Rights
A conviction, even for a misdemeanor, can take away your right to own or possess a gun. This is a permanent thing that you may not be able to get back.
I’ve been doing this long enough to know that a lot of these cases happen when people are stressed out, when emotions are running high, or when there are miscommunications. What starts as a simple misunderstanding can quickly become a serious legal problem.
If you are facing a Battery Domestic Violence charge in Las Vegas, Henderson, or North Las Vegas, don’t wait. The sooner you get an experienced attorney on your side, the better your chances are. The Law Offices of Michael I. Gowdey, Ltd. has been here for over 30 years, helping people navigate these difficult waters. We can help you too. Don’t let a mistake or a misunderstanding ruin your future.
Give us a call today for a consultation. We’re ready to listen to your side of the story and start building a strong defense for you. You can find our contact information on our website (https://gowdeylaw.com/).
FAQS
Top 5 Questions Asked to domestic violence charges in Las Vegas, Henderson & North Las Vegas
When people are facing domestic violence charges, they’re often scared and confused. The legal process can be complex, and the consequences are serious. As a criminal defense attorney, I hear a lot of the same questions. Here are the five most common ones, along with my answers.
1. Can the alleged victim drop the charges?
Answer: No, not in most cases. This is probably the most common misconception people have. Once a domestic violence case is reported to the police, it becomes a criminal case against the state. The prosecutor, not the victim, decides whether to move forward with the charges. ⚖️ While the prosecutor might consider the victim’s wishes, they can still proceed with the case even if the victim wants to “drop” it. This is done to protect victims who may feel pressured or intimidated into recanting their statements.
2. What happens if there are no physical injuries or witnesses?
Answer: Even without visible injuries or a third-party witness, a domestic violence case can still be prosecuted. The victim’s testimony alone can be enough to get a conviction. The police report, 911 call recordings, and statements made at the scene are all forms of evidence that can be used against you. The prosecution can argue that a lack of visible injuries doesn’t mean the crime didn’t happen, especially since “battery” can be defined as just physical contact that is unwanted or offensive.
3. Will I be arrested even if the police don't see what happened?
Answer: Yes. Many states have a mandatory arrest policy for domestic violence incidents. This means that if the police have probable cause to believe that an act of domestic violence has occurred, they are required to make an arrest. This is true even if they arrive after the fact and only hear a verbal account. The police officer’s assessment of the situation, based on their training and experience, can be enough to justify an arrest.
4. What are the potential penalties for a domestic violence conviction?
Answer: The penalties for a domestic violence conviction vary greatly depending on the state, the severity of the crime, and if you have any prior offenses. Even a first-time misdemeanor can carry serious consequences like jail time, fines, mandatory counseling or “batterer’s intervention” programs, and a criminal record. A conviction can also lead to a loss of your right to own or possess a firearm under federal law. A felony domestic violence conviction can result in a long prison sentence and a permanent felony record.
5. Can this affect my child custody rights?
Answer: Yes, absolutely. A domestic violence conviction, or even just an arrest, can have a severe impact on any ongoing or future child custody cases. Courts take domestic violence very seriously when determining what is in the “best interest of the child.” A conviction can create a legal presumption that it’s not safe for the child to be in your custody. This can lead to a loss of physical custody, limitations on visitation, and even supervised visits.