Las Vegas Domestic Violence & Battery
Battery and Domestic Violence charges can be the most disruptive, difficult charges to fight. These charges can result in restraining orders, marital & domestic violence counseling, anger management courses, and jail time—even when the so-called victim chooses not to press charges.In the State of Nevada, once the police have charged an individual with domestic violence, the state prosecutors will go forward with the charges in nearly all cases.
A conviction for any type of domestic violence charge can have a devastating effect on your employment opportunities, your family law case, and many other aspects of your life, especially if you are faced with incarceration in a county jail, city jail, or state prison. A first time conviction requires a minimum of 2 days to 6 months in jail, a completion of six months of domestic violence/battery counseling, 48 hours community service, and a large fine. A conviction will also stay on your record for 7 years. Penalties increase severely with a 2nd or 3rd charge. It is possible to get a conviction on a false allegation of domestic violence if you do not fight the charges with an experienced attorney, which is why it is important to contact Criminal Defense Lawyer Mark Coburn to discuss your case.
Fighting Domestic Violence Charges
It is important that you do not accept the false charges being lodged against you. You need to fight the false allegations of domestic violence as they can negatively impact you for the rest of your life. An experienced Las Vegas Defense Attorney can help you navigate the complexities of your case and prepare for a successful trial.
For a first or second offense charge of domestic violence, a trial is conducted before a judge who will decide your guilt or innocence. The prosecutor must prove your guilt beyond a reasonable doubt, but many of the cases are “he said she said”, and the Judge will take the victim’s original statement to police as the absolute truth. Because of this, it is important to prepare a solid defense with your Defense Attorney so your attorney can investigate and gather evidence before your trial.Some typical defenses (depending on the facts):
- The battery that occurred was in self defense, as the alleged victim was attacking the defendant.
- The battery was committed in anticipation of the alleged victim attacking, due to a long history of physical abuse.
- The battery did not occur at all.
- The alleged victim is making up the allegations to get some benefit or revenge.
Nevada Definition of Battery Constituting Domestic Violence
Domestic Violence charges are taken very seriously in Nevada. A battery is labeled battery domestic violence when someone allegedly commits the battery on any of the following people in his or her life:
In brief, the defining characteristic of battery domestic violence is that the offensive touching must be done upon a person that the alleged offender had a close, personal relationship with either by blood, marriage or another type of relationship that is considered domestic.
Penalties for Battery Constituting Domestic Violence
The state of Nevada imposes severe criminal penalties on anyone convicted of battery domestic violence. A battery domestic violence first offense charge is typically a misdemeanor charge, but it may be elevated to a felony charge if committed with a deadly weapon, substantial bodily harm occurs, or during a time at which a temporary protective order is in effect.
- 1st offense for Battery Domestic Violence:
- Misdemeanor offense
- Up to 6 months in jail (2 days mandatory jail sentence)
- Up to $1,000 in fines
- 48-120 hours of community service
- Domestic Violence Counseling: 1 ½ hours per week for six to twelve months at the client’s expense
- Imposition of a protective order
- 2nd offense for Batter Domestic Violence:
- Misdemeanor offense
- Up to 6 months in jail (2 days mandatory jail sentence)
- Up to $1,000 in fines
- 100-200 hours of community service
- Domestic Violence Counseling: 1 ½ hours per week for twelve months at the client’s expense
- 3rd or higher offense for Battery Domestic Violence:
- Category C felony
- 1-5 years in prison a possible fine of up to $10,000
- No probation
- Battery Domestic Violence with Strangulation:
- Category C felony
- 1-5 years in prison and a mandatory fine of $15,000
- Battery Domestic Violence resulting in substantial bodily harm (no deadly weapon used):
- Category C Felony
- 1-5 years in state prison, a mandatory fine of $10,000
- Battery Domestic Violence with a deadly weapon (no substantial bodily harm):
- Category B Felony
- 2-10 years in state prison, a mandatory fine of $10,000
- Battery Domestic Violence with a deadly weapon and substantial bodily harm:
- Category B Felony
- 1-15 years in state prison, a mandatory fine of $10,000
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