According to police, a Miami Dolphins wide receiver was stabbed by his wife Friday night in a domestic violence incident. Even though the football player claimed that the injury was the result of an accident, the football player's wife was arrested and charged with Aggravated Battery with a Deadly Weapon Domestic Violence after she admitted stabbing the player, but claimed it was self-defense.
In Nevada, Battery Domestic Violence is the unlawful use of force against another person with whom he or she has one of the following relationships:
- Related by blood or marriage
- Living in the same residence currently or in the past
- Current or former dating relationship, or
- Having a child in common
A conviction for Domestic Violence is a misdemeanor, but can have very serious life-long consequences. Those consequences include, but are not limited to: losing the constitutional right to carry a firearm, affecting child custody, making the person ineligible for employment in certain jobs, or deportation for some undocumented or even documented immigrants. A conviction for domestic violence may also result in a separate action for
Probation Violation, if you were on probation at the time of the domestic violence incident.
Domestic Violence charges can also be escalated to a Felony charge if police claim that: (1) the accused attempted to kill the victim; (2) a deadly weapon or firearm is used in the commission of the offense; (3) the accused strangled the victim; (4) the accused has two or more prior convictions for Domestic Violence, or (5) the accused forced or attempted to force the victim to do something or not do something (usually charged as Coercion, which is considered a violent offense).
Self Defense is a defense to Domestic Violence under some circumstances. An accused can claim self defense if, at the time of the act, he/she has an actual and reasonable belief that: (1) he/she was in danger of substantial bodily harm or death; and (2) the use of force was necessary to protect him/herself. An accused may claim self defense
even if they were wrong about the danger, if a reasonable person in the same situation would believe that he/she was in danger.
Defense of Others may also be a defense to a charge of Domestic Violence in some cases. Defense of Others can be used when, at the time of the offense, the accused had a reasonable belief that: (1) another person was in danger of substantial bodily harm or death; and (2) that the use of force was necessary to protect that person.