Domestic Violence Attorney Las Vegas

What Is Domestic Violence?

Domestic violence refers to a pattern of abusive behavior – physical, emotional, psychological, or sexual – used by one person in a relationship to exert power and control over another. Additionally, as defined by NRS 200.481(1)(a), domestic battery is any “willful and unlawful” use of force or violence against another. Domestic violence can also contribute to a cycle of abuse that affects not just the individuals involved but also their families and communities, creating long-term psychological effects. These behaviors aren't exclusive to marital relationships; they can manifest in dating relationships, among cohabitants, and even between family members.

• Physical Abuse. This includes hitting, slapping, punching, choking, or any other form of physical harm. Even denying medical treatment or forcing alcohol or drug use upon someone can be considered abuse.
• Emotional & Psychological Abuse. This form of abuse might not leave visible scars but can be just as damaging. Perpetrators often use tactics such as constant criticism, intimidation, undermining the victim’s self-worth or self-esteem, or trying to control their freedom.
• Sexual Abuse. Any situation where an individual is forced into a sexual encounter against their will, even within a marital relationship, constitutes sexual abuse.
• Financial or Economic Abuse. Making or attempting to make an individual financially dependent by maintaining total control over financial resources, not allowing them to work, or obstructing their attempts to find work or attend school are forms of financial or economic abuse.
• Stalking or Cyberstalking. Following someone, invading privacy, or making unwanted advances, especially repeatedly, can be deemed stalking. The advent of the digital age extends this threat to online spaces where individuals might face harassment via emails, messages, or social media platforms.
• Threats & Intimidation. Using the threat of physical violence, displaying weapons, destroying property, or other intimidating behaviors to instill fear in the victim are clear forms of domestic violence.

Types of Domestic Violence Charges We Handle

Domestic violence is a broad area, encompassing a range of offenses. Each charge demands distinct defense strategies tailored to the circumstances of the allegation. At Goodman Law Group, we provide our clients with tailored legal solutions specific to the unique nature of their situation.

• Battery, including battery with the use of a deadly weapon. Physical harm or an unwanted touch in a domestic setting may result in a battery charge.
• Child Abuse. Accusations of child abuse are harshly prosecuted and can carry long-term repercussions, including permanent damage to your reputation, even if you are not convicted.
• Coercion
• Domestic battery by Strangulation. A battery charge may be escalated when strangulation is involved, leading to extended jail time if convicted.
• Possession of a firearm
• Protective Restraining Orders. Contesting a protective order or defending an individual against an alleged violation requires a nuanced understanding of the law. 
• Stalking can be physical or digital. With the rise of online platforms, cyberstalking claims have increased, and the law has evolved to address these concerns. Defendants may face severe penalties and long-term restrictions if convicted.
• Substantial Bodily Harm. When domestic disputes lead to significant injuries, the accused may face charges of causing substantial bodily harm. The nature of these injuries and the event's circumstances play a critical role in determining the outcome. Such charges bring higher stakes, as they are often classified as felonies with severe sentencing guidelines.

Types of Domestic Violence Charges & Defenses in Nevada 

Battery with Use of a Deadly Weapon

A deadly weapon enhances a domestic battery conviction to a Category B felony with possible penalties including a prison sentence for a minimum term of 2 years and a maximum term of 10 years and/or a fine of not more than $10,000. Per NRS 200.481(2)(e)(1), maximum prison terms can increase to up to 15 years if the victim sustains substantial bodily harm or the battery is committed by strangulation. These serious charges require a comprehensive defense strategy that examines the legitimacy of weapon classification and the context of use.

Coercion

In many domestic battery cases in Las Vegas, a defendant may try to prevent the victim from getting help or escaping by taking away phones, keys, or blocking exit routes. The crime of coercion is defined by NRS 207.190. Prosecutors must prove that there was intent by showing:

• The use or threat of violence or injury upon the victim, victim’s family, or property;
• The defendant intended to deprive or hinder the victim from using tools, clothing; or
• The defendant attempted to intimidate the victim via threats or force.

Coercion can be charged as a misdemeanor if there is no actual threat of physical force. Otherwise, it is a Category B felony, with a minimum prison term of one to six years when physical force or the immediate threat of physical force is used. Disproving coercion often involves challenging the credibility of evidence and testimony used to infer intent.

Domestic Battery by Strangulation

Many people mistakenly believe that strangulation only occurs when the victim is strangled with something wrapped around the neck. However, as defined under NRS 200.481(1)(h), strangulation can occur when one intentionally impedes normal breathing or blood circulation to create a risk of death or substantial bodily harm. This can involve both the application of pressure on the neck or throat or neck or blocking the nose or mouth of an alleged victim.

Strangulation is a sentence enhancement that can increase the charge to a Category C felony, which carries a one-to-five-year prison sentence. Frequently, medical expert testimony is required to determine the extent and significance of the injuries involved.

Self-Defense, Lawful Resistance & Consent

Self-defense is justified under NRS 200.275 when one reasonably believes they are about to be attacked and responds with reasonable and necessary force. Likewise, “lawful resistance” protects oneself during a public offense when injury is likely. These defenses focus on the defendant's perception of threat and the immediate need to prevent harm.

Consent is essential to a conviction, as a person can consent, both through words and action, to assault and/or battery, and charges cannot stand when the injury was accidentally inflicted and/or there was no intent. Clear evidence of mutual agreement or lack of intent is crucial to these defenses.

Domestic Battery Causing Substantial Bodily Harm (SBH)

A domestic battery which results in substantial bodily harm is enhanced to a Category C felony. SBH, as defined by NRS 0.0600, occurs when the injury causes:

• A substantial risk of death
• Serious or permanent disfigurement
• Prolonged impairment or loss of function of any limb or organ 
• Prolonged pain

This classification complicates the legal process, as demonstrating the severity and causation of injuries requires detailed medical records and expert witness testimony. Successfully defending these charges often hinges on disproving the alleged level of harm or linking it to the accused.

Have you been charged with domestic violence in Las Vegas? Contact Goodman Law Group today to connect with our Las Vegas domestic violence lawyer!

What are the Penalties for Domestic Violence in Nevada?

The penalties for domestic violence in Nevada can be severe, reflecting the state's commitment to curbing all forms of abuse, and may include:

• First Offense: Misdemeanor with potential penalties of up to six months in jail, fines up to $1,000, mandatory attendance in a counseling program, and community service. The impact of even a first-time conviction can include a permanent criminal record and potential loss of employment.
• Second Offense: Misdemeanor with harsher penalties, including up to six months in jail, higher fines, more extended counseling programs, and increased community service. Repeat offenses are seen as an escalation in behavior and are treated more severely by courts.
• Third Offense: Classified as a Category C felony, with penalties including one to five years in state prison and substantial fines. A felony conviction also brings additional repercussions, such as loss of voting rights and challenges in gaining housing opportunities.
• Aggravated Circumstances: Enhanced penalties apply in cases involving severe injury, use of a deadly weapon, or violation of a restraining order.
• Protective Orders: The accused may also be subject to restraining orders, which limit their ability to contact the alleged victim and impact their daily life.

Possession of a Firearm in a Domestic Violence Conviction

A person who has possession of a firearm after a domestic violence conviction is guilty of a Category B felony under NRS 202.360, regardless of whether the firearm is loaded or operable. It is also important to note that one is also guilty of a Category B felony under NRS 33.030 if they possess a firearm when bound by the terms of an extended protection order.

Defenses Against Domestic Violence Charges

A strong defense is vital for anyone accused of domestic violence.

Potential defenses a domestic violence lawyer in Las Vegas may use can include:

• Self-Defense: Demonstrating that the accused acted in self-defense to protect themselves from imminent harm.
• False Allegations: Providing evidence that the accusations are false or made out of spite, jealousy, or other malicious intent.
• Lack of Evidence: Arguing that there is insufficient evidence to support the charges beyond a reasonable doubt.
• Accidental Harm: Proving that any harm caused was unintentional and occurred without any abusive intent. This focuses on intent rather than the outcome of any actions taken during the incident.
• Consent: Showing that the actions in question were consensual between both parties.
• Violation of Rights: Identifying any violations of the accused’s rights during the investigation or arrest process could result in the dismissal of charges.

Each defense strategy is tailored to the specifics of the situation, with a focus on achieving the best possible outcome. Your domestic violence attorney in Las Vegas must be adaptable to address new information as it arises and modify strategies accordingly.

Domestic Violence Accusations, Unfair or Not?

If you have been charged with domestic violence, be prepared – you are already at a disadvantage right from the very start. Your Las Vegas domestic violence defense attorney will remind you that facing a domestic violence charge puts you at a worse position than other charges because of the circumstances involving you and the alleged victim. This disadvantage often stems from the immediate implementation of protection orders and societal perceptions attached to domestic violence allegations.

History of Domestic Violence or Crime

The prosecution will likely tell the jury about the defendant’s history of domestic violence or crime, if any. This strategy is utilized to build a narrative about the defendant’s character, even if it was for a separate crime (i.e., traffic tickets), alleging that the defendant can commit domestic violence because of fallacious reasoning. Television programs and movies also do not help the defendant because they may paint the defendant as the “bad guy” or a liar just from the fact that they have committed a crime in the past. Such portrayals can unfairly influence public perception and jury decisions by perpetuating stereotypes.

Ignoring the “Victim’s” Violent History

Some judges have ruled in the prosecution’s favor by suppressing evidence about the alleged victim’s violent history, saying they are doing this to protect the alleged victim, and that this trial is about the defendant. Even if the defendant has prepared evidence that supports their assertion of self-defense, all of it may become useless if it was suppressed. It highlights the importance of a thorough discovery process and pre-trial motions to argue for the admissibility of such evidence effectively.

No Reconciliation

The prosecution will try their utmost to stop the complaining victim from reconciling with the defendant under the guise of protecting them. They do this by issuing protection orders so they cannot contact each other and by submitting the victim to a victim witness coordinator, which can convince them that they really were victims. Such measures are intended to prevent any potential intimidation but can also complicate genuine attempts at reconciliation and mutual understanding.

Recanted Testimonies Can Be Used as Evidence

Because of the many supposed advancements in domestic violence psychology, anything can be used as evidence against the defendant. For example, if the victim changes their story, domestic violence experts can claim that they’re a victim if they change it because they were “traumatized” by the event, and if they stick to their story, they can still claim that they were traumatized. This can create a complex dynamic in court, where both stability and change in testimony can be used to infer guilt.

Additional Charge of “Dissuading the Witness”

If the defendant calls the alleged victim to reconcile, this can be taken as evidence against them for dissuading a witness. This illustrates the importance of carefully navigating post-charge interactions and maintaining adherence to legal restrictions throughout the legal process.

Misconceptions

One of the misconceptions about domestic violence is that it is more likely for men to commit domestic violence compared to women, when actually, the statistics have been skewed. Men are less likely to report their partners because they might be seen as weak or unmasculine. On the other side of the same coin, women are always looked at as the victims because they are “innocent and physically weak,” when they could be abusing their partner through other means. These stereotypes can lead to biased legal outcomes where stereotypes guide perceptions rather than facts. If the defendant is a woman, another misconception is that women are unreliable witnesses because they are too emotional or misandrist. Such biases must be addressed to ensure fair and impartial treatment in legal proceedings.