Domestic battery by strangulation

Standard domestic battery in Nevada is a misdemeanor on a first offense. Strangulation elevates it to a Category C felony immediately. No prior record is required, and no visible injury or medical finding is a separate element. What triggers the felony is proof that the defendant intentionally applied enough pressure to make the other person's breathing difficult or impossible, or pressed on the sides of the neck to stop blood flow to the brain.

The reason for the severity is research demonstrating that non-fatal strangulation in domestic violence situations is a strong predictor of future lethal violence. Legislatures have responded by treating it as categorically more serious than other forms of domestic battery, regardless of what's visible at the scene.

For the defense, this means that the entire case can turn on a single contested fact: whether any strangulation occurred at all. Reducing or eliminating the strangulation element, not just challenging its severity, is the main defense objective. Whether the state proves strangulation or only misdemeanor domestic battery decides whether the conviction is a felony or a misdemeanor.

Prosecutors charge strangulation without visible injuries regularly. The statute doesn't list marks, bruising, loss of consciousness, or any medical finding as elements. It does require proof of intentional pressure sufficient to make breathing difficult or impossible, or pressure on the sides of the neck to stop blood flow, and prosecutors often try to prove that through the alleged victim's description of symptoms. Cases built entirely on the alleged victim's testimony, with no physical corroboration, are filed and prosecuted.

This creates a challenge for the defense because the absence of physical evidence doesn't automatically defeat the charge. But it also creates opportunity: a contemporaneous medical examination showing no findings consistent with strangulation is real evidence in the defendant's favor. The gap between what the alleged victim described and what the physical evidence shows, or doesn't show, is a defense argument.

Body camera footage from the responding officer's initial contact with both parties is often the strongest evidence in the case. What the alleged victim's appearance was, what they said at the scene, whether they mentioned strangulation immediately or only later, and any visible physical condition are all captured in that footage.

Do not contact the alleged victim. A protective order has almost certainly been issued, and any contact (including through third parties, by text or phone, or attempting to resolve the situation directly) is a separate criminal offense that will add charges and make the case harder to defend.

Don't give a statement to law enforcement explaining what happened. Officers investigating domestic battery by strangulation are looking for admissions about physical contact, the parties' positions relative to each other, and anything said during the incident. Staying silent cannot be used against you that way.

Request all available body camera footage immediately. Footage from the responding officer's arrival, the initial contact with both parties, and the arrest is often the best evidence in the case and has a limited retention period. Call 702-990-0190 for a free consultation.

Domestic battery by strangulation is a Category C felony. A Category C felony conviction can generally be sealed 5 years after release from custody or discharge from parole or probation, or 10 years if the offense is treated as a crime of violence (NRS 179.245). If the charge is reduced to misdemeanor domestic battery, the wait is 7 years. A dismissal can be sealed right away. If you were convicted and believe legal errors occurred at trial, an appeal may be an option.