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.

Conduct that can lead to domestic violence charges includes:

• Physical Abuse. This form 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 and 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 and 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.

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.

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.

Our firm handles domestic violence charges where the underlying alleged offense includes:

• 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. A battery with a deadly weapon charge requires a comprehensive defense strategy that examines the legitimacy of weapon classification and the context of use.
• 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. In domestic violence cases, coercion can include pressuring a partner to remain in a relationship, making unwanted decisions, or controlling their actions through fear. Disproving coercion often involves challenging the credibility of evidence and testimony used to infer intent.
• Domestic Battery by Strangulation. A battery charge may be escalated when strangulation is involved, leading to extended jail time if convicted. Medical expert testimony is frequently required to determine the extent and significance of the injuries involved.
• Possession of a Firearm. Possessing a gun in a domestic violence case can elevate the charges and potential penalties.
• Protective Restraining Orders. Contesting a protective order or defending an individual against an alleged violation requires a nuanced understanding of the law. 
• Stalking, physical or digital. Cyberstalking claims have increased with the rise of online platforms, 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 felonies with severe sentencing guidelines.

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. 

Notably, this statute provides that making a threat of bodily injury is not considered battery or assault when done under specific circumstances. The actor must be defending themselves, an occupied home or vehicle, or another person. This defense must be done against someone who intends to commit a crime of violence upon them or another person. 

The person engaged in self-defense does not have to attempt to retreat if they:

• Are not the primary aggressor
• Are lawfully in the location where the act took place
• Are not involved in criminal activity at the time of the defense

Likewise, “lawful resistance” under N.R.S. 193.230 protects a person during a public offense when injury is likely. Thus, individuals can resist an attack on themselves or a family member. Additionally, resistance is lawful when an individual is acting to prevent an illegal attempt by another person to take or damage their property.

Consent can be a valid defense in domestic violence cases when it is clear that the alleged victim willingly permitted the actions in question. For instance, if both parties mutually agreed to engage in a physical altercation, or the alleged victim’s words or actions implied consent, this can undermine the prosecution's case. Establishing consent as a defense requires compelling evidence, such as witness statements, text messages, or video recordings, that corroborate the mutual agreement or lack of malicious intent.

Also, domestic violence charges cannot stand when the alleged actor accidentally causes injury or inflicts unintentional harm. A well-prepared defense can highlight inconsistencies in the allegations or the absence of intent to commit harm.

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.

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 start. Your Las Vegas domestic violence defense attorney will remind you that facing a domestic violence charge puts you in 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. They use this strategy to build a narrative about the defendant’s character, even if it was for a separate crime, 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 because 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 is suppressed. It highlights the importance of a thorough discovery process and pre-trial motions to argue for such evidence's admissibility.

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 are victims. Such measures are intended to prevent intimidation but can also complicate genuine reconciliation and mutual understanding attempts.

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. If the victim sticks to their story, they can still claim that they were traumatized. 

These psychological interpretations can create a complex dynamic in court, where 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 possibility 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.