Blogs from November, 2021

When someone is on probation, that means they have been convicted of or pleaded guilty to a crime but are given an alternative to incarceration. In other words, instead of serving their sentence in jail or prison, they are allowed to remain out of custody. Still, they are under supervision and must comply with several terms and conditions during the probationary period.

Typically, when a court grants probation, a judge will set a jail or prison term but suspend it, meaning the individual will not be incarcerated. However, if the individual fails to adhere to the conditions of probation, they can be jailed or imprisoned for the amount of time previously entered by the judge.

Can You Get Probation for a Felony?

Yes, a Nevada court may grant probation to a person who is convicted of or pled guilty to most felonies, gross misdemeanors, and misdemeanors. Those convicted of category E felonies may also be eligible, provided that they do not have two prior felony convictions on their record.

Instances exist when probation can never be granted. These include cases involving:

1. First- or second-degree murder,
2. First-degree kidnapping,
3. Sexual assault,
4. Attempted sexual assault of a child under 16 years of age,
5. Lewdness with a child,
6. Habitual criminals and
7. Habitual fraudulent felons.

For specific crimes, probation can only be granted when certain conditions are met. For instance, if an individual is convicted of a crime against an elderly person, the court may not grant probation until the individual has paid at least 80% of the restitution ordered.

Also, for the following crimes, the individual cannot be placed on probation unless an evaluation determines they are unlikely to re-offend:

1. Attempted sexual assault of a person 16 years of age or older
2. Statutory sexual seduction
3. Battery with intent to commit sexual assault
4. Abuse or neglect of a child
5. Child pornography-related offenses
6. Incest
7. Open or gross lewdness
8. Indecent or obscene exposure
9. Sexual penetration of a corpse
10. Sexual conduct between a school employee and a student
11. Felony-level luring a child or a person with mental illness

What Are the Conditions of Probation in Nevada?

As mentioned earlier, when someone is placed on probation, they must follow certain court orders for the duration of their sentence. The specific conditions placed upon them will depend on the facts of their case.

Common probationary terms include, but are not limited to:

1. Paying restitution
2. Disposing of all weapons
3. Remaining in the state
4. Not contacting certain persons
5. Not entering certain locations
6. Not engaging in specific conduct
7. Completing an alternative program or treatment

If the individual is determined to have a drug or alcohol abuse disorder, they might be required to attend and complete a substance abuse treatment program. Or, if they have a mental illness or are intellectually disabled, they might be required to attend and complete a program designed to address the underlying condition. In these cases, if the individual successfully finishes the program, their case may be discharged and dismissed, and records relating to the matter may be sealed.

Persons convicted of certain sexual offenses may be subject to even greater restrictions during the probationary period.

For instance, conditions imposed upon them may include, but are not limited to:

1. Submitting to a search and seizure by a parole and probation officer at any time and without a warrant
2. Living only at approved residences
3. Accepting only approved jobs or volunteer positions
4. Abiding by a curfew
5. Submitting to controlled substances testing
6. Not having alcohol in their possession
7. Not being within 500 feet of a facility primarily used for children
8. Not having any unapproved sexually explicit materials

Failing to comply with the terms of probation can result in serious consequences. The individual may be summoned to appear in court or have a warrant issued for their arrest. If they are found to have violated the conditions, their probation may be revoked and they can be incarcerated for the term of the sentence initially ordered.

How Long Does Probation Last in Nevada?

The court has the discretion to determine the probationary period. A judge can suspend, extend, or terminate it at any time. That said, Nevada law places limitations on the amount of time for which a person can be placed on probation.

Probationary terms may be imposed as follows:

1. Gross misdemeanor: Up to 12 months
2. Category E felony: Up to 18 months
3. Category C or D felony: Up to 24 months
4. Category B felony: Up to 36 months
5. Violent or sexual offenses: Up to 60 months

Consult with an Attorney Today

If you have been accused of a crime in Reno, being sentenced to jail or prison is not the only option in your case. If you can show that incarceration is not warranted, you might be granted probation and allowed to serve your sentence outside of police custody. To make a strong argument for alternative sentencing, you need a criminal defense attorney on your side.

At the Law Offices of Kenneth A. Stover, we have helped numerous clients fight their charges and have achieved favorable results in complex cases. Although past victories do not guarantee future successes, we are prepared to seek a just outcome on your behalf.

To discuss your case with us, please call (775) 502-1575 or submit an online contact formtoday.

Typically, a first or second domestic battery offense in Nevada is a misdemeanor. However, the law enumerates five different instances when the crime can be a felony. Elevated charges may arise when a person is accused of a subsequent violation and/or aggravating factors were present at the time of the offense.

Because felonies are considered more serious than misdemeanors, anyone charged with felony domestic battery faces harsher penalties. The increased sentences include incarceration in prison instead of jail, longer periods of imprisonment, and higher fines.

This blog will explore the various situations where felony charges may be levied for domestic battery. But before doing that, let's discuss what the crime entails.

What Is Domestic Battery?

Domestic battery is a violent offense committed upon a person with whom the alleged offender has an intimate relationship.

Under NRS 33.018, intimate relationships include those involving:

1. Spouses,
2. Former spouses,
3. Persons related by blood or marriage,
4. Persons who are living together,
5. Persons who have or had a dating relationship,
6. Persons who share a child, and
7. Parents of a minor child.

The conduct involved in domestic battery is not different from that involved in a regular battery offense – "willful and unlawful use of force or violence upon the person of another" (NRS 200.481(1)(a)). Still, a specific statute exist for domestic battery to emphasize that harm committed against a family or household member or dating partner is not solely a personal matter. It is an act that law enforcement officials can prosecute.

The Standard Penalties for Domestic Battery

As noted earlier, generally, the first or second time someone is accused of domestic battery, they can be charged with a misdemeanor.

If they are convicted, they could face the following penalties:

1. First violation:
   1. 2 to 6 days in jail
   2. 48 to 120 hours of community service
   3. $200 to $1000 in fines
2. Second violation within 7 years:
   1. 20 days to 6 months in jail
   2. 100 to 200 hours of community service
   3. $500 to $1,000 in fines

The Penalties for Felony-Level Domestic Battery

When domestic violence goes from a misdemeanor to a felony offense, the conviction penalties substantially increase.

Below are the charges that can arise for domestic battery committed under certain circumstances:

Category B felony

A few situations exist in which domestic battery can be charged at this level. They include:

1. A third offense within 7 years
2. A second offense committed against someone the alleged offender knew or should have reasonably known was pregnant
3. Causing substantial bodily injury – Nevada law defines substantial bodily injury as harm creating "a substantial risk of death, or causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ" (NRS 0.060).

The penalties include 1 to 6 years of imprisonment and $1,000 to $5,000 in fines.

Another situation exists where domestic battery can be charged as a category B felony. However, it was not included in the list above because the penalties for the offense are greater. Thus, we list it separately for clarity's sake.

The fourth instance is when the alleged offender has a previous conviction for a felony domestic violence offense or battery domestic violence with a deadly weapon, regardless of when the prior offense occurred.

When these factors are present, the penalties increase to 2 to 15 years of imprisonment and $2,000 to $5,000 in fines.

Category C Felony

A person could be charged with a category C felony if they commit the domestic battery offense by strangulation. NRS 200.481(1)(i) defines strangulation as impeding someone's breath or blood circulation by choking them or covering their nose or mouth. Additionally, such conduct must place the individual at "risk of death or substantial bodily harm."

The penalties for the offense include 1 to 5 years of imprisonment and a fine of not more than $10,000.

The Criminal Process for Domestic Battery Offenses

Regardless of the circumstances, Nevada takes domestic battery crimes seriously. As such, whether the acts involved constitute a misdemeanor- or felony-level offense, an officer who has probable cause to believe that a violation occurred must arrest the alleged offender. Additionally, they cannot be released from jail until 12 hours have passed since their arrest.

Anyone accused of domestic battery may also be subject to a temporary or permanent protection order. The order can place various limitations on the individual's life even though they have not been convicted of a crime. Also, a temporary protection order can be issued without the person named in it being notified.

Discuss Your Case with an Attorney

Whether you have been charged with a misdemeanor or felony domestic battery offense in Reno, you are facing severe consequences. But do not let the possible penalties discourage you from taking an aggressive stand in your case. With the help of an experienced criminal defense lawyer, you can seek to avoid or minimize the potential punishments.

To learn more about your legal options for challenging the accusations made against you, reach out to the Law Offices of Kenneth A. Stover. Backed by more than 25 years of legal experience, we have the knowledge and skills necessary to seek a favorable result for you.

Schedule a free consultation by calling us at (775) 502-1575 or contacting us online today.