Las Vegas Domestic Violence Lawyer

What Constitutes Domestic Violence?

Domestic violence may be described as the use of unlawful physical force or violence against a spouse, family member, cohabitant, or person in a current or former romantic relationship. This may include:

• Striking
• Pushing
• Slapping
• Burning
• Throwing an object
• Spitting
• Other violent acts.

Most cases of this kind begin with a 911 call by an involved party or a neighbor, and once law enforcement is called to the scene, there is a high likelihood of an arrest. The wrong party may be taken into custody, or a simple argument may be escalated into a domestic violence charge.

Domestic violence cases are often highly sensitive due to the fact that families are involved. Law enforcement officers and prosecutors are particularly passionate about stopping domestic violence and will try to press charges and obtain maximum penalties whenever possible. You may be charged even if the alleged victim does not want to move forward with a case.

How Can A Domestic Violence Case Be Dropped?

No amount of wanting can reverse what was said and performed in the heat of the minute. When domestic violence causes the authorities to get involved, it ends up being a matter of public records. We advise you not consent to any further questions or address any concerns from a police officer without an attorney present.

Penalties for Misdemeanor Domestic Violence in Nevada

The penalties for battery domestic violence are defined in Nevada Revised Statutes 200.485. According to this statute, domestic violence may be charged as a misdemeanor or a felony, with penalties dependent upon whether this is the defendant’s first or subsequent offense, and whether any aggravating factors were involved.

First and second domestic violence offenses are typically charged as misdemeanors in Nevada, with the following penalties:

First domestic violence offense:

• 2 days to 6 months in jail
• 48 to 120 hours of community service
• $200 to $1,000 fine

Second domestic violence offense within 7 years:

• 10 days to 6 months in jail
• 100 to 200 hours of community service
• $500 to $1,000 fine

A third domestic violence offense within 7 years is charged as a category C felony, punishable by 1 to 5 years in prison and a fine of up to $10,000.

In addition to the above penalties, a person convicted of misdemeanor domestic violence in Nevada may be ordered to attend mandatory counseling for at least 1.5 hours per week for 6 to 12 months, at his or her own expense. A domestic violence conviction may also affect custody or visitation rights and may be connected with a restraining order that prohibits contact with the alleged victim.

Possible Domestic Violence Legal Defenses

Domestic violence charges are a very serious matter. Not only can such accusations have legal and criminal ramifications, but they can also affect your reputation and your future. It is important to have the best possible defense to protect your rights and freedoms, especially when dealing with such a sensitive matter.

Common domestic violence defenses include:

• The accusations were made up in order to spite the accused or benefit the alleged victim in some way
• The accused acted in self-defense
• There is a lack of evidence against the accused
• The incident was not intentional and was an accident

If you’ve been accused of battery domestic violence in the Las Vegas area, you need a competent domestic violence attorney to protect your interests.