Domestic Violence Attorney
Diligent, Determined Attorney Representation For Domestic Violence Cases.
If you have been arrested for or charged with domestic abuse, it is essential to gain the representation of an experienced criminal defense attorney with a history of fighting domestic abuse allegations and charges.
There are numerous legitimate defenses against a domestic abuse charge, including if you were the victim, if you acted in self defense or if the incident was an accident. We are familiar with all possible defense arguments and will attempt to have any charges dismissed or reduced to a lesser offense.
In Nevada, Domestic Abuse is the crime of "battery domestic violence" (BDV). There are two elements to BDV that the prosecutor must prove in court:
1) Battery, which is when the accused intentionally uses unlawful physical force on the victim, and
2) The accused and victim are in a familial or domestic relationship.
Battery occurs when someone deliberately touches someone else in a violent, aggressive or just in an unwanted way. Common examples of what may constitute battery in Las Vegas include:
Note that a battery does not have to result in injuries for someone to be convicted. Unlawful physical contact is not a crime unless the act is intentional. However, honest accidents do not always allow for a defendant to avoid criminal responsibility.
A battery becomes "battery domestic violence" in Nevada when the victim and defendant are in an romantic, intimate, domestic or family relationship.
Examples of domestic relationships include:
current or former spouses
relatives by blood or marriage
roommates or housemates (cohabitants)
girlfriends / boyfriends
co-parents of a child
the victim is under the legal guardianship of the defendant
The same act of unlawful physical force could be prosecuted as either straight battery or BDV depending on the defendant's and the alleged victim's relationship.
Penalties For A Domestic Abuse Offense
A 1st or 2nd domestic abuse offense in a seven-year timespan is a misdemeanor in Nevada carrying the following sentence as long as no deadly weapons, strangulation, or substantial bodily harm was involved:
Up to $1,000 in fines,
Up to 200 hours of community service,
Weekly counseling sessions for up to 1 year, and
Up to 6 months in jail, but the judge usually imposes no jail for a 1st offense and 10 days for a 2nd offense.
Meanwhile a 3rd domestic abuse offense within seven years is a felony carrying a punishment of 1 to 5 years in prison and up to $10,000 in fines.
Domestic abuse that involves strangling, dangerous weapons or infliction of major injuries is a felony carrying up to 15 years in prison and up to $15,000 in fines.
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