In Nevada, domestic battery by strangulation is a Category C felony that carries one to five years in state prison, and the judge has no authority to grant probation. The charge skips the misdemeanor stage entirely, so a first offense with a clean record still means an active prison sentence, a fine of up to $10,000, mandatory counseling, and a permanent loss of firearm rights.
What Counts as Strangulation Under Nevada Law
NRS 200.481 defines strangulation as intentionally applying pressure to another person that makes breathing difficult or impossible. The statute covers pressure to the neck, throat, or windpipe that blocks or reduces air intake, and it also covers pressure to either side of the windpipe that cuts blood flow to the brain through the carotid arteries.1Nevada Legislature. Nevada Code NRS 200.481 – Battery Definitions and Penalties
That second part catches people off guard. Restricting blood flow qualifies even if the airway stays open. And prosecutors do not have to prove the victim lost consciousness, turned blue, or suffered any lasting injury. The focus is on the act of applying pressure, not the result. Visible marks are common but not required, and many strangulation cases involve little or no external bruising.
This is the line between a misdemeanor and a felony. A push, slap, or grab might qualify as simple battery. The moment someone applies pressure to the neck or blocks breathing, Nevada treats the conduct as a separate, far more serious offense.
Who Counts as a Domestic Victim
For the strangulation charge to be filed as domestic violence, the defendant and the alleged victim must share a relationship defined by NRS 33.018. The law covers current and former spouses, people related by blood or marriage, anyone who currently lives together or previously lived together, people in a dating relationship, and parents who share a child in common. It also protects the minor children of those individuals and anyone appointed as custodian or guardian of the defendant’s minor child.2Nevada Legislature. Nevada Code NRS 33.018 – Acts Which Constitute Domestic Violence
A “dating relationship” means frequent, intimate contact driven primarily by romantic or sexual involvement. A casual acquaintance does not qualify. Courts weigh how long the relationship lasted, how often the people interacted, and the nature of those interactions. If prosecutors cannot establish a qualifying relationship, the case is filed as general battery instead, which changes the penalty structure entirely.
The Prison Sentence and the Probation Problem
NRS 200.485 classifies domestic battery by strangulation as a Category C felony.3Nevada Legislature. Nevada Revised Statutes 200.485 – Battery Which Constitutes Domestic Violence Under NRS 193.130, a Category C felony is punishable by a minimum of one year and a maximum of five years in state prison. The court may also impose a fine of up to $10,000.4Nevada Legislature. Nevada Revised Statutes 193.130 – Categories and Punishment of Felonies
The detail that catches many defendants off guard is this: probation is not available. NRS 200.485 explicitly bars a court from granting probation or suspending the sentence for any domestic battery conviction punishable as a felony.3Nevada Legislature. Nevada Revised Statutes 200.485 – Battery Which Constitutes Domestic Violence Because strangulation is always a felony, a conviction means active prison time. The judge has no discretion to send the defendant home instead, regardless of a clean record or strong mitigating factors.
Bail and the 12-Hour Hold
After arrest, the defendant cannot post bail for at least 12 hours. When bail is set by statute without the defendant appearing before a judge, a first-offense domestic battery involving strangulation carries a default amount of $5,000, higher than the $3,000 default for domestic battery without strangulation. If the defendant has a prior domestic violence conviction and the current charge involves strangulation, bail rises to $15,000.5Nevada Legislature. Nevada Revised Statutes Chapter 178 – General Provisions
Mandatory Counseling and Court-Ordered Treatment
Every person convicted of domestic battery must complete a certified domestic violence treatment program at their own expense. NRS 200.485 requires the defendant to pay for it out of pocket.6Nevada Legislature. Nevada Revised Statutes Chapter 200 – Crimes Against the Person If the nearest certified program is in another state, the court can allow participation across state lines. The statute does not fix a set duration, but Nevada’s certified programs typically run for several months of weekly sessions.
The court can also order substance abuse treatment if drugs or alcohol played a role, again at the defendant’s expense. If a child under 18 may need counseling because of the domestic violence, the court can refer the child to a welfare agency and require the defendant to reimburse the cost.6Nevada Legislature. Nevada Revised Statutes Chapter 200 – Crimes Against the Person Failing to complete any court-ordered treatment can trigger additional penalties or parole violations.
Firearm Rights Are Gone
A strangulation conviction strips firearm rights at both the state and federal level, and for most people, permanently. Federal law at 18 U.S.C. 922(g)(1) prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing, shipping, or receiving firearms or ammunition.7Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A Category C felony with a five-year maximum clears that threshold without question.
A separate federal provision, 18 U.S.C. 922(g)(9), prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms.7Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Known as the Lautenberg Amendment, this means that even if a strangulation charge were reduced to a misdemeanor domestic battery through a plea agreement, the firearm ban would still apply. Either way, gun rights are lost.
For anyone in law enforcement, the military, or private security, the ban is career-ending. There is no professional exception. All firearms must be surrendered, and acquiring new ones becomes a separate federal felony.
Child Custody After a Conviction
A domestic violence conviction creates a legal presumption against the convicted parent in any custody dispute. Under NRS 125C.0035, if a court finds by clear and convincing evidence that a parent committed domestic violence against the child, the other parent, or anyone living with the child, there is a rebuttable presumption that granting that parent sole or joint physical custody is not in the child’s best interest.8Nevada Legislature. Nevada Revised Statutes Chapter 125C – Custody and Visitation
“Rebuttable” means it can be overcome, but the burden falls entirely on the convicted parent. The court must make specific written findings about the domestic violence and explain how the custody arrangement protects the child and the other parent. In practice, a felony strangulation conviction makes this presumption extremely difficult to overcome.
Immigration Consequences for Non-Citizens
For non-citizens, a domestic battery conviction can be devastating. Under 8 U.S.C. 1227(a)(2)(E), any alien convicted of a crime of domestic violence after admission to the United States is deportable. The statute defines “crime of domestic violence” as any crime of violence against a current or former spouse, someone who shares a child with the offender, a cohabitant or former cohabitant, or anyone else protected under domestic violence laws.9Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens
A felony strangulation conviction checks every box. Because the offense carries a potential sentence of more than one year, it may also qualify as an aggravated felony for immigration purposes, which eliminates most forms of relief from removal. Non-citizens facing these charges need immigration counsel alongside criminal defense, because a plea deal that resolves the criminal case favorably can still trigger automatic deportation.
When the Record Can Be Sealed
Nevada allows record sealing for felony domestic violence convictions, but the wait is long. Under NRS 179.245, a person convicted of a Category B, C, or D felony must wait five years after release from custody or discharge from parole or probation, whichever comes later, before petitioning to seal the record.10Nevada Legislature. Nevada Revised Statutes Chapter 179 – Special Proceedings of a Criminal Nature
The clock starts only after the sentence is fully complete, including any parole supervision. Someone who serves three years in prison followed by two years of parole could not petition until five years after parole ends. In practice, the record stays visible for roughly a decade after the initial arrest, and during that entire period the felony shows up on background checks for employment, housing, and professional licensing.
Defenses That Work in Strangulation Cases
These cases are prosecuted aggressively, but they are not impossible to defend. The strongest strategies target the elements the prosecution has to prove.
- Self-defense. If the alleged victim initiated the physical attack and the defendant used reasonable force to protect themselves, the conduct may be legally justified. Nevada allows proportional self-defense, but courts scrutinize whether the level of force was truly necessary.
- False accusation. Domestic violence allegations sometimes arise from custody disputes, contentious breakups, or leverage in other proceedings. If the defense can show the accusation was fabricated, the charge fails.
- Lack of intent. The statute requires that the pressure was applied intentionally. If the contact was accidental during a struggle or fall, the intent element is not satisfied. This defense often turns on physical evidence and the consistency of the accuser’s account.
- No strangulation occurred. The battery may have happened, but without the specific acts that qualify as strangulation under NRS 200.481. If the physical contact did not involve pressure to the neck, throat, or windpipe, the charge should drop from a felony to a misdemeanor domestic battery.
- Police misconduct. If law enforcement obtained a confession through coercion or gathered evidence through an unlawful search, that evidence may be suppressed, potentially gutting the prosecution’s case.
Strangulation often leaves minimal visible marks, especially when softer pressure is applied or the contact is brief. The absence of physical evidence does not automatically help the defendant, since prosecutors can proceed on testimony alone. But it gives the defense material to challenge the specifics of the allegation. The gap between what the accuser describes and what the forensic evidence shows is where many of these cases are won or lost.