Domestic Violence

Las Vegas Defense Attorney Explains Domestic Violence

Using violence or force against anyone is a crime in Nevada. However, if the alleged victim is a family member, someone you live with, or a dating partner, the prosecutors most likely charge you with Battery Domestic Violence. Oftentimes, these cases arise out of a domestic issue where one of the parties calls 911. Common defenses include accident, self-defense, or the alleged victim inflicted the wounds on him/herself.

Consequences of domestic violence is harsh and a serious matter. Chances are, you can go to jail, or you could lose your job, or you can also lose custody of your kids, and worse, you will get a permanent criminal record. It is important to get Las Vegas criminal defense attorney for help since you can be innocent with these accusations and get arrested for battery domestic violence. It is better to understand domestic violence and its harsh penalties so you know what to do next.

Las Vegas Domestic Violence: The Defense

The 3 most common domestic violence charges in Las Vegas 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 in Las Vegas 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 of a very disturbing aspect of domestic violence in Las Vegas 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 to self-inflicting wounds that would end up blaming their relatives for causing it.

A thorough investigation can uncover this self-inflicted domestic violence 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 in Las Vegas 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 criminal defense lawyer would help you collect evidences to show any injuries that the arresting law enforcers misconstrued as intentional are just result of unfortunate and unforeseeable circumstances. The most effective defense for domestic violence however, depends on the facts of your situation.

Las Vegas Domestic Violence: The Penalties

If you are charged with domestic violence in Las Vegas for the 1^st and 2^nd time within 7-year period, you are given misdemeanor penalties as long as the following are true:

• No deadly weapon was used,
•  No substantial bodily harm resulted, and
•  No strangulation occurred.

However, 3^rd or higher offense within 7-year period would be automatically charged with Category C Felony even if there was no deadly weapon, strangulation, or injury involved.

Domestic Violence in Las Vegas Penalties for 1^st Offense (within 7 years): 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.

Domestic Violence in Las Vegas Penalties for 2^nd Offense (within 7 years): 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.

Domestic Violence in Las Vegas Penalties for 3^rd or Higher Offense (within 7 years): 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.

First-time incident of domestic violence in Nevada may be charged with Category C Felony if the alleged abuse involved strangulation or resulted in injury.

Domestic Violence in Las Vegas: Evidence to Prove Guilt

When someone calls 911 or law enforcers, the case for battery domestic violence begins. The police officers submits report documenting the incident. The trial will use the following things as evidence to obtain 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

It is necessary to get an attorney as soon as possible if you are being accused of domestic violence. The prosecution can take the evidence and paint a bad picture of the situation. You must get a Las Vegas attorney on your side to help defend you against false allegations of domestic violence.

Domestic Violence in Las Vegas: Probation and Suspension of Sentences

Judges are not allowed to grant probation in cases of domestic violence in Las Vegas. However, judges may suspend your jail sentence for misdemeanor offense 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 1^st domestic violence offence, and 10 days for 2^nd domestic violence offense).

Domestic Violence in Las Vegas: 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.

On cases wherein the state evidences are weak, the prosecutors may also offer to reduce the domestic violence charges to a lesser offense to avoid trial and close the case quickly. Minor offense of domestic violence charges is often reduced to Disturbing the Peace in Las Vegas.

Las Vegas Domestic Violence: Dropping the Charges

Once an alleged victim of domestic violence in Las Vegas 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 in any chances that the prosecution thinks that the testimony of the victim is important in order to get conviction, the prosecution will issue subpoena 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.

Las Vegas Domestic Violence: Sealing a Criminal Record

Charges for domestic violence in Las Vegas 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.

Once the Battery Domestic Violence charges are dismissed, the criminal records can be sealed in Nevada immediately. Ask your legal counsel about sealing your records.

Las Vegas Domestic Violence Defense Attorney, Ross Goodman

Whatever your situation is, Ross Goodman will investigate the evidence and negotiate with the prosecutors to have your domestic violence in Las Vegas reduced or dismissed. Ross Goodman can also help you with misdemeanor and felony offenses and help you with Nevada court procedures. Ross Goodman has a decade worth of experience in successfully resolving domestic violence case and often achieving full acquittals. Call Ross Goodman now for a free legal consultation of your domestic violence charges and avoid the negative implications of that stems from domestic battery case.