Call or Message Us 24/7  702-333-1600
Criminal Law A to Z
In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Crimes by NRS Section
Every crime in Nevada is based in a section of the Nevada Revised Statutes (NRS). For each crime, our attorneys explain the laws, penalties and best defenses to fight the charge.
Nevada DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
     Popular Topics
Post-Conviction
Even if you’ve already been convicted of a crime, there is still much you can do to seal your record and restore your rights. Our attorneys explain how.
                       Get Quick Legal Help...
This form is encrypted and protected by attorney-client confidentiality.
 Name \*    Phone \*    Email \*    City where case is located \*    Tell us what happened    Please attach any citations, booking sheets, police reports or other relevant documents.  Attach another file if needed.  Attach another file if needed.  Attach another file if needed.  Attach another file if needed.
Δ
                !            »  » Domestic Violence by Strangulation
# Domestic Battery by Strangulation – Nevada Law & Penalties
"Domestic violence by strangulation" in Nevada law
Watch this video on YouTube
In Nevada, the crime of **domestic battery by strangulation** is defined as **choking** a current or former dating partner, spouse, child, or blood relative (not including siblings or cousins). Choking still counts as **strangling** even if it lasted only an instant and caused no injuries.
#### Penalties
**Domestic battery by strangulation** is a  in Nevada, carrying:
* one to five (1 – 5) years in prison, and
* up to $10,000 in fines (at the judge’s discretion)
However, the charges could be reduced or **dismissed** through a .
#### Defenses
Here at Las Vegas Defense Group, we have represented literally thousands of people charged with **battery domestic violence**. In our experience, **five defenses** to strangulation allegations that we find to be very persuasive with prosecutors, juries are judges are:
1. You were acting in .
2. The alleged victim falsely accused you.
3. The incident was an accident.
4. You may have unlawfully touched the victim but did not strangle them. (This defense might get the charge reduced to a  but not dismissed.)
5. Law enforcement committed misconduct.
In this article, our  discuss **strangling** as a form of :
!
Strangling a spouse is a felony in Nevada.
## 1. How does Nevada law define domestic battery by strangulation?
In Nevada, **battery domestic violence by strangulation** occurs when you strangle your:
* spouse or domestic partner (current or separated);
* co-parent;
* significant other (current or separated);
* minor children of any of the above people;
* relative by blood or marriage (except for cousins or siblings *unless* they are in a guardianship or custodial arrangement with you); or
* a person you are a guardian of.1
Nevada’s legal definition of **strangulation** is
> “intentionally applying sufficient pressure to another person to make it difficult or impossible for the person to breathe, including, without limitation, applying pressure to the neck, throat or windpipe that may prevent or hinder breathing or reduce the intake of air, or applying any pressure to the neck on either side of the windpipe, but not the windpipe itself, to stop the flow of blood to the brain via the carotid arteries.”
The choking does not need to last for more than a **second**. We have seen cases where the briefest wringing of one’s neck **counted** as strangling by prosecutors and juries.
## 2. What are the penalties?
Domestic violence with strangulation is a **category C felony** in Nevada. The sentence is:
* one to five (1 – 5) years in , and
* up to $10,000 in fines (at the judge’s discretion).
If you also used a **deadly weapon**, battery domestic violence with strangulation is a . The punishment is:
* two to fifteen (2 – 15) years in state prison, and
* possibly up to $10,000 in fines. (There is no fine if you were on parole or probation.)2
## 3. What are common defense strategies?
We have a long track record of getting Nevada charges of **domestic violence by strangulation** reduced or completely dismissed. Five potential **defenses** we routinely use are to show that:
1. The alleged victim attacked you, and you reasonably defended yourself.
2. The alleged victim falsely accused you, perhaps out of anger, revenge, or to gain an upper hand in a child custody case.
3. The incident was an accident, and you were not at fault.
4. Any battery that occurred did not include strangling. (This defense could cause your felony charge to be reduced to a misdemeanor.)
5. Law enforcement committed misconduct, such as coercing your confession or finding evidence through an unlawful .
As evidence, we may hire a medical **expert** knowledgeable about the marks that strangling leaves on the skin. Such an expert may be able to distinguish between genuine strangling bruises and those that are **self-imposed** by lying “victims.”
In any case, the prosecution has the burden to prove **guilt** beyond a reasonable doubt. In cases with no physical evidence and just “he said/she said” testimony, it may be difficult for the state to meet this **burden** of proof.
A potential defense to charges of DV by strangulation is that you were acting in self-defense.
## 4. Are there immigration consequences?
DV by strangulation is a  offense. With our clients who are non-citizens, we have had great success in getting these charges dismissed or reduced to non-deportable offenses so that they can stay in the U.S.3
## 5. If I’m convicted, can the record be sealed?
A conviction for domestic violence with **strangulation** may be sealed ten (10) years after the case ends. If the case got dismissed, then there is no **waiting** period to .4
## 6. What are the penalties for strangulation in non-domestic situations?
The **sentence** for committing  by strangulation is:
| **“Battery by strangulation” charge** | **Penalties under NRS 200.481** |
| --- | --- |
| You did not use a deadly weapon | Category C felony:    * 1 – 5 years in prison, and * up to $10,000 (at the judge’s discretion)   If you were on parole or on probation, then battery is a category B felony. It carries 1 to 6 years in prison. |
| You used a deadly weapon | Category B felony:    * 2 – 15 years in prison, and * up to $10,000 (at the judge’s discretion)   There is no fine if you are on parole or probation |
| The victim was on duty as a police officer or other “protected class”   (Also see our article about ) | Category B felony:    * 2 – 10 years in prison, and * up to $10,000 (at the judge’s discretion).5 |
## 7. Additional resources
If you are in immediate danger, call **911**. Otherwise, victims can find **information and support** through the following organizations.
---
#### Legal References
1. ; (h); ; ;  (“In reviewing the evidence in the light most favorable to the prosecution, we conclude that a rational trier of fact could have found beyond a reasonable doubt that LaChance strangled Lane. The State presented evidence that LaChance placed his knee on Lane’s chest and his hands on her clavicle/lower part of her neck and then put pressure on the area, impeding her breathing to the point that her vision was impaired. Depriving Lane of oxygen to the point where she lost vision supports a finding that LaChance applied pressure to Lane’s throat or neck in a manner that created a risk of death or substantial bodily harm. Accordingly, we affirm the conviction for domestic battery by strangulation.”). Note that domestic abuse is also commonly called family-, dating-, or spousal- violence. Many domestic violence cases involve assault, battery (including pushing or shoving), stalking, and/or false imprisonment. See also . Also see . . .
2. . Before , DV by strangulation was a misdemeanor. It carried up to 6 months in jail and/or up to $1,000 in fines.
3. (a)(2)(E).
4. ; .
5. .
        Featured on  ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !
## LAS VEGAS DEFENSE GROUP
 4.9        709 reviews
Las Vegas Defense Group excels in helping individuals fight traffic tickets with professionalism and expertise. Their team of experienced attorneys provides personalized attention and effective strategies to achieve favorable outcomes. Clients appreciate their thorough understanding of traffic laws and their commitment to protecting clients' driving records and rights. The process is streamlined and stress-free, with clear communication and support at every step.
Matt C.
From the first call this office has been nothing but welcoming and supportive. Yuritza has gone above and beyond with all of my needs and getting everything ready for my amazing, funny and Smart Case manager Christopher Joya. The office is beautiful 😍 organized and can I say squeaky clean. Oh they offer you snacks too while waiting. Can we talk about hospitality. I 100% recommend this Amazing group.
Jaquelin A.
What life savers!! Walking into Las Vegas Defense Group saved me. Carole was fantastic and willingly assisted me by putting me at ease and quickly setting me up with a case manager. I must admit, the office was great (and the coffee and snacks helped a lot too). I definitely would recommend their services to anyone with traffic violations, DUI’s, or more serious criminal offenses.
Michel D.   
            Call us (702) 333-1600
### We Can Help You Fight Back
Being accused of a crime, or arrested, does not necessarily mean you will be convicted. Our Las Vegas criminal defense lawyers have helped many people avoid conviction, avoid jail, and keep their records clean.
Copyright © 2025 Las Vegas Defense Group - Criminal & DUI Attorneys, LLC
   !
#### Follow us on Social
## Message Us
Please complete the form below and we will contact you momentarily.
                       Contact Our Firm
            Call or Message Us 24/7
* (702) 333-1600