December 22, 2011

Boxer Gets Jail in Las Vegas Domestic Abuse Case

Yesterday, celebrity boxer Floyd Mayweather Jr. was sentenced to 90 days in jail after pleading guilty to the Nevada crime of battery domestic violence and no contest to two harassment counts. The conviction stems from a 2010 incident where he allegedly assaulted the mother of his children. Mayweather also must attend a year of counseling, perform community service and pay a fine.

The Nevada crime of battery domestic violence occurs when someone allegedly commits battery on his/her family member, dating partner, ex-dating partner or roommate. Often these cases begin with a verbal altercation that turns physical. Common defenses to this crime include self-defense, accident, or that the defendant was falsely accused.

Penalties for the Nevada crime of battery domestic violence depend on whether the defendant has a history of domestic abuse, the nature of the alleged abuse, and whether the victim sustained substantial bodily harm. Even a first-time charge may be prosecuted as a felony if the defendant allegedly used strangulation. And a third-time charge is always a felony even if the victim wasn't badly injured.

For more on this story go to: http://www.lvrj.com/news/mayweather-gets-90-days-in-jail-in-plea-deal-for-domestic-violence-incident-136019633.html

To learn more about Nevada domestic violence laws watch our informational video:

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December 20, 2011

Former SEAL Convicted of Battery in Las Vegas

A former SEAL in the U.S. Navy was given sixty days in jail and probation after being convicted of seven counts of the Nevada crime of battery stemming from his attacking eight people with a lead pipe last year in the Venetian. He was reportedly intoxicated at the time on nearly twenty alcoholic beverages. As part of his sentence he also has to avoid alcohol, pay restitution and go to counseling.

The Nevada crime of battery is the unlawful or unwanted use of physical force on someone else. Typical examples of battery are hitting, pushing, pouring a drink on, or even poisoning. Defenses to battery allegations may include that the "victim" consented to the touching, that the defendant acted in self-defenses, or that the "victim" falsely accused the defendant.

Penalties for a battery conviction range from minor to devastating depending on the severity of the incident, whether weapons were involved, and many other factors. For instance a simple punch that results in no substantial bodily harm would probably be prosecuted as a misdemeanor, and the judge may choose to impose no jail time. But if the defendant used a knife and the victim sustained a bad injury, it's a category B felony carrying up to fifteen years in prison.

For more on this story go to: http://www.lvrj.com/news/former-navy-seal-sentenced-to-probation-in-strip-attack-135762543.html

To learn more about the Nevada crime of battery, watch our informational video:

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June 7, 2011

Nevada Supreme Court Rules that Spitting is a Battery

Last month the Nevada Supreme Court clarified that the act of spitting on someone qualifies as the Nevada crime of battery. In doing so the court affirmed the battery conviction of the defendant, who was arrested after angrily spitting on his ex-girlfriend. The court explained that battery “need not be violent or severe and need not cause bodily pain or bodily harm.”

The Nevada crime of battery is the intentional use of unlawful physical force on another person. Common examples include punching, pushing, biting, burning and even poisoning. Typical defenses to battery include self-defense, consent, and false accusations.

Penalties for the Nevada crime of battery depend on various factors including the extent of the injuries (if any) and whether a deadly weapon was used. For instance, a mild kick that results in no substantial bodily harm would be prosecuted as a misdemeanor carrying up to six months in jail and/or up to $1,000 in fines. But a stabbing that results in serious bodily harm would probably be prosecuted as a category B felony carrying two to fifteen years in prison and maybe $10,000 in fines.

For more on this story go to: http://www.lasvegassun.com/news/2011/may/23/nevada-high-court-rules-spitting-someone-misdemean/

To learn more about Nevada battery law, go to our video on the subject:

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