English
Spanish
Domestic violence charges involving strangulation represent some of the most serious offenses under Nevada law. These cases carry significant penalties and lasting consequences. Whether you are facing these charges or seeking to understand their implications, knowing the legal framework and potential defenses is critical.
Defining Strangulation Under Nevada Law
Strangulation is defined under NRS 200.481 as intentionally obstructing another person’s normal breathing or blood circulation by applying pressure to their throat or neck. Strangulation becomes a domestic violence charge if the act is committed against:
- A current or former intimate partner (spouse, cohabitant, or dating partner)
- A family member (including children but excluding siblings or cousins)
Strangulation is treated as an aggravated form of domestic violence due to the potential for severe injury or death, including:
- Brain damage caused by oxygen deprivation
- Internal injuries to the throat or neck
- Long-term psychological trauma
Even brief episodes of strangulation can cause serious harm, leading courts to impose strict penalties.
The Seriousness of Strangulation Charges
Strangulation is often viewed as a predictor of escalating violence. Studies indicate that victims of non-fatal strangulation face a significantly higher risk of:
- Becoming victims of homicide
- Experiencing severe psychological conditions such as PTSD
Prosecutors pursue these cases aggressively, even if the victim chooses not to cooperate. Strangulation is not only a physical act but often a method of control, which heightens its perceived severity in the eyes of the law.
The Legal Process for Strangulation Charges in Nevada
Facing strangulation charges involves navigating a complex legal process. Here are the key stages:
Arrest and Bail Hearing
An arrest for strangulation leads to a bail hearing where the court evaluates:
- The severity of the charges
- The defendant’s criminal history
- The risk to the victim or community
Having a skilled defense attorney during this stage can help secure reasonable bail terms or release on your own recognizance (O.R.).
Preliminary Hearing
At this stage, the prosecution must provide sufficient evidence to move forward. Defense attorneys can:
- Cross-examine witnesses
- Challenge evidence presented by the prosecution
- Highlight inconsistencies, such as a lack of medical evidence consistent with strangulation
Arraignment and Plea
During arraignment, the accused enters a plea:
- Not guilty: Allows time to prepare a defense
- Guilty or no contest: May be part of a plea bargain
A “not guilty” plea initially is often advisable to review evidence and develop a legal strategy.
Discovery Process
Both sides exchange evidence during discovery, which typically includes:
- Medical reports
- Witness statements
- Police reports
- Photographic or video evidence
Defense attorneys analyze this material for inconsistencies or procedural errors to challenge the prosecution’s case.
Trial
If the case proceeds to trial, the defense’s goals include:
- Discrediting weak evidence
- Questioning witness credibility
- Demonstrating a lack of intent
A strong defense aims to create reasonable doubt, potentially leading to acquittal.
Penalties for Strangulation Charges
Domestic violence involving strangulation is a Category C felony in Nevada. Convictions carry harsh penalties, including:
- 1 to 5 years in prison
- Fines up to $10,000
- A permanent criminal record
Aggravating Circumstances
Certain factors can escalate penalties, such as:
- Use of a deadly weapon
- Prior domestic violence convictions
- Strangulation causing severe injury or death
Enhanced charges can result in a Category B felony, with longer prison sentences and higher fines.
Common Defenses Against Strangulation Charges
While strangulation charges are severe, several defense strategies can challenge their validity:
Self-Defense
If the accused acted to protect themselves or another person, self-defense can be a valid argument. For instance, injuries sustained by the accused during the altercation may support this claim.
False Allegations
Accusations of strangulation may be fabricated or exaggerated, especially during contentious custody battles or divorces. Neutral witnesses or evidence of ulterior motives can weaken the prosecution’s case.
Lack of Intent
Prosecutors must prove intent to obstruct breathing or circulation. Accidental contact or defensive actions do not meet the legal threshold for strangulation.
Insufficient Evidence
The defense can argue the prosecution’s case lacks credible evidence, such as:
- No medical records confirming injuries
- Inconsistent witness testimonies
Procedural Errors
Evidence obtained through improper methods or violations of the defendant’s rights may be inadmissible. For example, failure to read Miranda rights during the arrest could lead to suppressed statements.
Protecting Your Rights If Accused
If you’re facing strangulation charges, follow these steps:
- Remain Silent: Avoid discussing the incident without legal representation.
- Hire an Attorney: Choose a lawyer experienced in Nevada’s domestic violence laws.
- Avoid Contact with the Accuser: Respect restraining orders to avoid additional legal complications.
- Gather Evidence: Collect any texts, emails, or witness statements supporting your defense.
- Follow Legal Advice: Trust your attorney’s guidance to navigate the process.
Long-Term Consequences of a Conviction
A felony conviction for strangulation carries lasting repercussions, including:
- Employment challenges due to background checks
- Loss of civil rights, such as voting and firearm ownership
- Housing difficulties, as landlords often deny applicants with criminal records
- Social stigma, affecting personal relationships and community standing
These consequences highlight the importance of a robust legal defense.
Why Choose The Defense Firm?
Strangulation charges demand a skilled legal team. At The Defense Firm, we:
- Analyze the specifics of your case
- Challenge weak evidence
- Strive to reduce charges or penalties
- Provide compassionate, expert guidance
Facing serious charges is overwhelming, but you don’t have to do it alone. Contact The Defense Firm today for a confidential consultation and take the first step toward protecting your future.
Conclusion
Domestic violence charges involving strangulation are serious and carry severe legal and personal consequences. With the right legal representation, it’s possible to navigate the complex legal system and work toward a favorable outcome.
Contact The Defense Firm today for a confidential consultation. Our experienced attorneys are here to help you protect your future.