Battered Woman Syndrome

What is Battered Woman Syndrome?

Nevada statutorily recognizes the Battered Woman Syndrome theory of defense, but it is not a complete or absolute defense. The battered woman theory is admissible to show the defendant’s state of mind and is to be considered as "some" evidence to support defenses such as selfdefense, duress, compulsion or coercion. Evidence of battered woman syndrome in Nevada is presented through expert testimony to assist the jury in its evaluation of the defendant’s state of mind.

The Nevada Supreme Court has stated that:

The theory behind the use of evidence regarding domestic violence and the battered woman syndrome centers upon the state of mind of the individual who has been subjected to such violence. Self-defense is shown when a person, under the circumstances, reasonably believes she is in imminent danger of death or great bodily harm, even if no actual threat exists. Where the "circumstances" include domestic violence, the battered woman syndrome is relevant to the reasonableness of an individual’s belief that death or great bodily harm is imminent.

The court has held that a woman claiming the battered woman syndrome partial defense is entitled to have the jury instructed on the defense as it pertains to the reasonableness of the victim’s conduct and as to her state of mind at the time of the incident. Thus, the court has ruled that a defendant claiming battered woman syndrome is entitled to the following jury instruction:

You have heard expert testimony concerning the effects of domestic violence on the beliefs, behavior, and perception of a woman who may be suffering from battered woman syndrome at the time of the killing. This, in itself, is not a legal defense. However, if you believe that the defendant was suffering from battered woman syndrome, you may consider such evidence when determining the defendant’s state of mind at the time of the killing and whether she acted in selfdefense.

You may also consider such evidence as to the defendant’s credibility and the reasonableness of her belief that she was about to suffer imminent death or great bodily harm and the need to slay the aggressor.

Las Vegas Domestic Violence Lawyer Paul J. Adras

If you have been charged with battery constituting domestic violence in Las Vegas, Nevada, Attorney Paul Adras is the only call you need to make. Attorney Paul Adras is an experienced criminal defense attorney skilled in defending Domestic Violence cases.

If you've been charged with Battery Domestic Violence in Las Vegas, call Attorney Paul J. Adras today at: 702 489 2264.

Las Vegas Domestic Violence

The Law Offices of Paul J. Adras, Esq. PC
4532 W. Charleston Blvd.
Las Vegas, Nevada 89102

(702) 489-2264

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