Domestic Battery in Nevada: Penalties, Firearm Ban, and Record Sealing

Domestic battery penalties in Nevada start with a mandatory two days in jail for a first conviction and escalate quickly from there: a second offense within seven years brings a 20-day minimum, a third becomes a felony with 1 to 6 years in state prison, and strangulation turns even a first offense into a felony. Every conviction, including misdemeanors, also triggers mandatory counseling at your expense, fines, community service, and a lifetime ban on owning firearms.

First Offense Penalties

A first domestic battery conviction within a rolling seven-year window is a misdemeanor under NRS 200.485. The sentence includes 2 days to 6 months in jail, 48 to 120 hours of community service, a fine between $200 and $1,000, and weekly counseling sessions of at least 1.5 hours for 6 to 12 months in a certified domestic violence treatment program paid for by the offender.¹

The judge has discretion to let you serve the jail time intermittently rather than in one stretch, but each stretch has to run at least 12 consecutive hours and the schedule has to work around your job.¹ The two-day minimum is a floor the court cannot go below.

Prosecutors do not need visible injuries to win a conviction. A push, grab, or any intentional unwanted contact meets the statutory definition of battery, and when it happens between people in a qualifying domestic relationship it carries these penalties.

Second Offense Penalties

A second conviction within seven years remains a misdemeanor on paper, but the minimums jump hard. Jail runs from 20 days to 6 months. Community service runs from 100 to 200 hours. The fine floor rises to $500, with the ceiling still at $1,000. Counseling extends to a full 12 months of weekly 1.5-hour sessions in a certified program, again at your own cost.¹ Intermittent jail is still available on the same conditions as the first offense.

Third Offense Penalties

A third conviction within seven years is a Category B felony. The sentence is 1 to 6 years in state prison and a fine between $1,000 and $5,000.¹ You serve the time in state prison rather than county jail, and the felony conviction follows you permanently through employment background checks, professional licensing boards, and civil rights.

When Penalties Jump Higher

Certain facts push a domestic battery charge above the standard three-tier ladder, even on a first offense.

Strangulation

If the battery involves strangulation, the charge is a Category C felony no matter whether it is your first time or your tenth. Category C felonies in Nevada carry 1 to 5 years in state prison and a potential fine of up to $10,000.¹ Prosecutors tend to pursue strangulation charges aggressively because strangulation is viewed as a strong predictor of escalating violence.

Pregnant Victim

When the offender knew or should have known the victim was pregnant, a first offense becomes a gross misdemeanor with a 20-day jail minimum and a fine of $500 to $1,000. A second or subsequent offense against a pregnant victim becomes a Category B felony carrying 1 to 6 years in prison and a fine of $1,000 to $5,000.¹

Prior Felony or Deadly Weapon History

If you have a prior felony domestic violence conviction, or a prior domestic battery that involved a deadly weapon, a new domestic battery charge can be filed as a Category B felony with 2 to 15 years in state prison.²

Mandatory Arrest and the 12-Hour Hold

Officers responding to a domestic call generally do not get to choose whether to arrest. Under NRS 171.137, a peace officer must arrest the suspect if there is probable cause to believe a domestic battery occurred within the preceding 24 hours.³ What the alleged victim wants at the scene does not change that.

Once arrested, you cannot post bail for at least 12 hours. NRS 178.484 imposes the hold as a cooling-off period regardless of whether a judge is available.⁴ After the 12 hours, if you still have not appeared before a judge, statutory bail kicks in based on criminal history and the facts of the alleged battery:

$3,000 for a first-time arrest with no substantial bodily harm and no strangulation
$5,000 for a first arrest involving substantial bodily harm or strangulation, or a second arrest without those factors
$15,000 for a second arrest involving substantial bodily harm or strangulation, or anyone with two or more prior domestic battery convictions

A magistrate who personally reviews the case can set a different amount; the statutory figures apply only when bail is set without a judge.⁴

Why the Alleged Victim Can’t End the Case

A common belief is that the person who called the police can simply drop the charges. In Nevada, that power belongs to the prosecutor, not the victim. Once an arrest happens and charges are filed, the case belongs to the state. If the alleged victim recants, asks for dismissal, or refuses to cooperate, the prosecutor can still move forward using 911 recordings, officer observations, photographs, and witness statements. The decision to prosecute rests entirely with the district attorney or city attorney handling the case.

The Lifetime Firearm Ban

A domestic battery conviction in Nevada triggers a permanent ban on owning, possessing, or controlling any firearm. The sentencing court must inform you of the prohibition and order you to permanently surrender, sell, or transfer any firearms you own.¹ This applies to misdemeanor convictions, not only felonies, and it applies even if your job requires carrying a firearm.

Violating the state ban is itself a Category B felony punishable by 1 to 6 years in state prison and a fine of up to $5,000.¹ Federal law layers on top of this. Under 18 U.S.C. § 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence is prohibited from shipping, transporting, possessing, or receiving any firearm or ammunition in interstate commerce.⁵ The federal ban runs independently, so the same conduct can draw prosecution under both systems.

Child Custody Fallout

A domestic battery conviction can reshape custody. 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, a rebuttable presumption applies: sole or joint physical custody with that parent is presumed not to be in the child’s best interest.⁶

Rebuttable means you can try to overcome the presumption, but you carry the burden. You have to put on affirmative evidence that custody with you actually serves the child’s interests, which is a steep hill with a battery conviction on record. Courts can also impose supervised visitation or other protective conditions. When both parents have engaged in domestic violence, the court tries to identify the primary physical aggressor by looking at history, severity of injuries, likelihood of future harm, and whether one party was acting in self-defense; the presumption applies only to that primary aggressor.⁶

Deportation Risk for Non-Citizens

For non-citizens, the immigration consequences can outweigh the criminal sentence. Federal immigration law under 8 U.S.C. § 1227(a)(2)(E) makes any conviction for a “crime of domestic violence” a deportable offense, and that reaches lawful permanent residents and visa holders alike.⁷ A single misdemeanor conviction is enough to open removal proceedings. Violating a protection order is independently listed as a deportable offense. If you are not a U.S. citizen, talk to an immigration attorney before entering any plea; a deal that looks favorable on the criminal side can be irreversible on the immigration side.

Sealing a Domestic Battery Record

Nevada allows you to petition to seal a domestic battery conviction, but the waiting periods are long. Under NRS 179.245:⁸

Misdemeanor domestic battery: 7 years after release from custody or after a suspended sentence ends, whichever is later
Felony domestic battery: 10 years if the conviction qualifies as a crime of violence, 5 years under the general felony category, both measured from release from custody or discharge from parole or probation

The clock does not start until every part of the sentence is finished, including probation, community service, counseling, and fines. Falling behind on any of those pushes the eligibility date out. You also have to file a petition with the court where the conviction occurred and show that you have stayed out of trouble during the waiting period. A sealed record is not destroyed, but it is removed from public background checks, which can matter for employment and housing.

1
Nevada Legislature. Nevada Code 200.485 – Battery Which Constitutes Domestic Violence
2
Nevada Legislature. Nevada Code 200 – Crimes Against the Person
3
Nevada Legislature. Nevada Code 171.137 – Arrest Required for Suspected Battery Constituting Domestic Violence
4
Nevada Legislature. Nevada Code 178 – General Provisions
5
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
6
Nevada Legislature. Nevada Code 125C – Custody and Visitation
7
Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens
8
Nevada Legislature. Nevada Code 179.245 – Sealing Records After Conviction