DV with a Deadly Weapon

Criminal Defense

Domestic Violence with use of a Deadly Weapon

Q: Defenses to Domestic Violence with use of a Deadly Weapon

Self-Defense You can claim self-defense if you reasonably believed you faced an urgent or pressing threat of bodily harm, and used no more violence than necessary to protect yourself. If a weapon is used in self-defense then the amount of force used had to be reasonable. For instance, if you were pushed, unless some other circumstance exists, you would not be justified in stabbing the aggressor and claiming self-defense. That is because the violence was more than necessary to protect yourself. However, if the aggressor was also armed with a knife, then protecting yourself with a knife or firearm would more likely be considered appropriate self-defense. No Weapon Used A deadly weapon needs to be used to be guilty of Domestic Violence with use of a Deadly Weapon. Merely possessing such a weapon is not enough for a conviction. False Statements If you did not commit battery (with a deadly weapon or otherwise), but the alleged victim made a false statement to the police, then you are not guilty. A skilled attorney is necessary to show the court that the alleged victim was not honest and that the victim’s testimony is false.

Nevada law defines a deadly weapon as “any instrument which, if used in the ordinary manner contemplated by its design and construction, will or is likely to cause substantial bodily harm or death” or “any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing substantial bodily harm or death.” NRS 193.165

Of course, any sort of knife or firearm would fall into this category, but other objects used to inflict injury are classified as deadly weapons. For instance, bats, screwdrivers, rocks, sticks, bottles, and other household items can all be classified as deadly weapons.

Punishment

Punishment for Domestic Violence with use of a Deadly Weapon

While Domestic Violence with use of a Deadly Weapon is always treated as a Category B felony, the punishment varies depending on if the alleged victim suffered substantial bodily harm.

If no substantial bodily harm occurred the punishment is as follows:

2 to 10 years in prison, and
A fine up to $10,000.

If substantial bodily harmed occurred the punishment is as follows:

2 to 15 years in prison, and
A fine up to $10,000.

Defenses to Domestic Violence with use of a Deadly Weapon

Self-Defense

You can claim self-defense if you reasonably believed you faced an urgent or pressing threat of bodily harm, and used no more violence than necessary to protect yourself.

If a weapon is used in self-defense then the amount of force used had to be reasonable. For instance, if you were pushed, unless some other circumstance exists, you would not be justified in stabbing the aggressor and claiming self-defense. That is because the violence was more than necessary to protect yourself. However, if the aggressor was also armed with a knife, then protecting yourself with a knife or firearm would more likely be considered appropriate self-defense.

No Weapon Used

A deadly weapon needs to be used to be guilty of Domestic Violence with use of a Deadly Weapon. Merely possessing such a weapon is not enough for a conviction.

False Statements

If you did not commit battery (with a deadly weapon or otherwise), but the alleged victim made a false statement to the police, then you are not guilty. A skilled attorney is necessary to show the court that the alleged victim was not honest and that the victim’s testimony is false.

Start Your Defense Today!

Your case is unique with different facts, people, and circumstances. Defenses not listed here could apply. During your consultation, Jherna Shahani will evaluate your case and begin your defense strategy. Call Your Domestic Violence Defender at 702-625-7551 for a FREE consultation.