Defense Attorney for Domestic Violence Charges in Las Vegas, NV
Are you arrested for Battery Domestic Violence in Las Vegas, NV? Call Las Vegas Domestic Violence Attorney Ross Goodman at (702) 383-5088 now.
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Using violence or force against anyone is identified as assault or battery. However, if the alleged victim is a family member or a partner, the prosecutors most likely charge you with battery domestic violence.
How it happens
Oftentimes, these cases arise out of domestic issues when one of the parties calls 911. Common defenses include accidents, self-defense, or the alleged victim inflicted the wounds on him/herself.The consequences of domestic violence charges are harsh
If found guilty, criminals can end up in jail, lose their job, lose custody of their kids, and a permanent criminal record. It’s important to understand domestic violence and its harsh penalties so you know what to do next.Defenses against Domestic Violence
The three most common domestic violence defenses are:Self Defense
The Nevada Self-Defense Law states that you can use physical force on another person as long as you believe that it is necessary to immediately avoid being injured or killed. However, you can’t use more violence that necessary to protect yourself. Most people who are charged with domestic violence are innocently accused since they are just trying to protect themselves from being hurt when their spouses or relatives started the fight.Self-inflicted injuries or false allegations
One disturbing aspect of domestic violence is how it started from vengeful relatives trying to get each other into trouble by falsely claiming that they were abused. Some of these would even go so far as getting self-inflicted wounds and blaming their relatives for them. A thorough investigation can uncover that the “victim” is lying and fabricating evidence. Expert witnesses can distinguish between genuine injuries and those that are self-inflicted.Accident
You cannot be convicted for domestic violence if you did not intend to use unlawful physical force on your housemate, relative, or significant other. Most of the domestic violence cases stem from accidents that sometimes lead to a tragedy. A good Las Vegas domestic violence attorney would help you collect evidences to show any injuries that the arresting law enforcers misconstrued as intentional are just the result of unfortunate and unforeseeable circumstances. The most effective defense for domestic violence, however, depends on the facts of your situation.Penalties for Domestic Violence
If you are charged with domestic violence for the first or second time within the 7-year period, you are given misdemeanor penalties as long as the following are true:- No weapons were involved;
- No substantial bodily harm resulted, and;
- No strangulation occurred.
Penalty for first offense: Misdemeanor
- 2 days to 6 months in jail (can usually be converted to community service)
- 48 to 120 hours of community service
- $200 to $1,000 fine
- $100 administrative assessment fee
- Domestic violence counseling for at least 1½ hours a week for 6 to 12 months at the patient’s expense.
Penalty for second offense: Misdemeanor
- 10 days to 6 months in jail
- 100 to 200 hours of community service
- $500 to $1,000 fine
- $35 administrative fee
- Domestic violence counseling for at least 1½ hours a week for 6 to 12 months at the patient’s expense.
Penalty for third offense or higher: Category C Felony
- 1 to 5 years in Nevada State Prison
- Fines up to $10,000
- $35 administrative assessment fee
- Domestic violence counseling for at least 1½ hours a week for 6 to 12 months at the patient’s expense.
Domestic Violence: Evidence to Prove Guilt
When someone calls 911 or law enforcement, the case for domestic violence begins. Police officers submit the report documenting the incident. The trial will use the following as evidence to obtain a conviction:- Testimony from the alleged victim;
- Testimony from any eyewitnesses;
- Pictures of injuries;
- Medical reports documenting injuries;
- Any admission by the accused;
- Any history of domestic violence.
Domestic Violence: Probation and Suspension of Sentences
Judges are not allowed to grant probation in cases of domestic violence. However, judges may suspend your jail sentence for misdemeanor offenses as long as the following conditions are met:- You participated in a drug or alcohol abuse treatment program and/or domestic abuse treatment program;
- You complied with any other conditions the judge orders, and;
- You already served the mandatory minimum jail time (2 days for first domestic violence offence, and 10 days for the second offense).
Domestic Violence: Plea Bargaining
The District Attorney of Clark County has a plea bargain offer to reduce the offense to lesser charge depending on your case; it is possible to reduce the charges to:- A simple battery (misdemeanor).
- Disturbing the peace (misdemeanor).
- Domestic violence counseling or anger management.
- Dismissal of charges without trial or plea bargain.
Domestic Violence: Dropping the Charges
Once an alleged victim of domestic violence has been brought to the prosecutor’s office, the charges cannot be unilaterally dropped. With the evidences gathered, the prosecutor would determine if it is enough to proceed with the case. Even if the victim decides not to testify, the prosecution can continue the case using medical records, history of domestic violence, or the confession of the alleged abuser can be used as substantial evidences. However, if there’s a chance that the prosecution thinks that the testimony of the victim is important in order to get a conviction, the prosecution will issue subpoenas to the victim and force them to testify. Once the subpoena is issued and the victim still refuses, the victim may be found in contempt of court and might be sent to jail.Domestic Violence: Sealing a Criminal Record
Charges for domestic violence have social consequences and may affect future opportunities. The records for domestic violence can be sealed in the State of Nevada if these conditions are met:- Misdemeanor for Battery Domestic Charges – 7 years after the time you are released from jail or the suspension of your sentence ended, or whichever is later.
- Category C Felony for Battery Domestic Charges – 12 years after the time you are released from prison or discharged from parole, or whichever is later.
- Category B Felony for Battery Domestic Charges – 15 years after the time you are released from prison or discharged from parole, or whichever is later.