Domestic Violence Charge in Nevada
Nevada is among the top states with the highest rates of domestic violence.
One of the frequent reasons for arrests in Nevada is domestic violence. The elements of domestic violence in Nevada are in NRS 33.018. Domestic violence gets committed against a person with whom you have a relationship.
The statute specifies the following parties to whom the DV charge can apply:
- Spouse or former spouse
- A person related by marriage or blood
- A person with whom you have resided or residing with
- Someone with whom you have a child with
- Legal guardians to minors
The following acts constitute domestic violence:
- Threatening a party to do something forcefully
- or trespassing
The Chances of Winning a Domestic Violence Case
Nevada prosecutors have the burden of proof. They must show, beyond a reasonable doubt, the elements constituting a DV charge.
When convicted of domestic violence, you can beat the charges. It all depends on the defense strategy you employ. It also depends on the type of attorney you hire.
Why Attorneys Matter in DV Cases
The lawyer you choose determines if you win or lose a DV case. Not all lawyers are the same. Although most lawyers claim to handle criminal cases, some lack the requisite experience.
Choosing a lawyer could be the difference between winning or losing a DV charge. Experienced lawyers often begin crafting defenses before trial. A good DV lawyer could have the case dismissed or charges reduced without exposing you to trial risks.
However, even the best lawyers cannot always get rid of DV charges initially. Sometimes, your lawyer must present your case to the judge or jury. This is where hiring an experienced DV lawyer is critical and can mean the difference between an acquittal or jail time.
Strategies that Increase the Chance of Winning a Domestic Violence Case
Being charged with domestic violence does not mean you will be convicted. Defendants can apply several legal defenses to win the case.
They include the following:
Fraudulent or False Accusations
Hell hath no fury like a wo(man) scorned.
Have you heard of that saying before?
Allegations of domestic violence are sometimes emotionally charged. It is common for an angry lover to fake wounds and create fake reports. They might do so to get back to their significant other.
A criminal lawyer should be able to connect the dots that the police have missed. The DV charges can be dismissed if such inaccuracies are spotted and proved.
An affirmative defense that the defendant was acting in self-defense applies. This defense is common in most criminal cases. Domestic violence cases often use this defense.
In a nutshell, it is not a crime to defend oneself against harm. It is a justifiable act. However, the burden of proof lies on the part of the defendant. Defendants should prove they acted to protect themselves from the victim’s actions.
Failure to Prove the Domestic Violence Case Beyond Reasonable Doubts
A good domestic violence lawyer should be able to hold the prosecutors to their burden of proof. Just because a prosecutor has alleged something does not mean it is true.
The prosecutor must prove their case beyond a reasonable doubt to the jury or judge. If the prosecutor fails to do so, the defendant is entitled to a not-guilty verdict.
These are just a few defenses the law can apply to help beat domestic violence charges.
Additionally, a lawyer can negotiate a plea deal for the defendant. Plea deals do not eliminate domestic violence charges. But a plea bargain could offer less severe punishment than a guilty verdict issued by a judge. A good lawyer should be able to assess the situation and see if it is wise to bargain a plea deal.
For those seeking insights on criminal defense in Nevada, here’s a concise list of our online resources:
Felony Charges: Browse our content on Criminal Defense Attorneys, Understanding Felonies in Nevada, Q&A on Miranda Rights, Firearms Defense, Theft Defense, Strategies for Winning Felony Cases, Drug Possession Defense, and a comprehensive Q&A on Marijuana Possession.
Solicitation & Prostitution: Review our guide, Need Help with Solicitation Charges?
Traffic Violations: Check out our dedicated page on Nevada Traffic Tickets.
Outstanding Warrants: Our Warrant Defense Attorneys guide is a must-read.
Misdemeanor Concerns: Wondering about representation for misdemeanors? Our article, Do You Need Legal Assistance for Misdemeanor Charges?, can help.
Arraignment Queries: Navigate through The Nevada Arraignment – FAQ for answers to common questions.
Record Sealing: Gain insights from our Comprehensive Guide to Sealing Criminal Records in Nevada.
Sex Crimes: Consult our expert team of Sex Crime Defense Attorneys.
Shoplifting Charges: Stay informed with our guide on Understanding Nevada Shoplifting Laws.
Our website is packed with valuable information. If you require legal assistance, don’t hesitate to connect with us!
Why You Still Haven't Hired a Las Vegas Domestic Violence Defense Attorney Yet
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Offsite Resources You May Find Helpful
Here are seven offsite resources that provide information about domestic violence charges in Nevada and related legal defenses:
Nevada State Bar: The official site of the Nevada State Bar provides resources about various legal topics, including domestic violence, for both lawyers and the public.
Nolo: This site offers a wealth of legal information for consumers and small businesses, including details on criminal law and domestic violence.
Justia: A platform that provides free legal information and a directory of attorneys for various legal issues, including domestic violence charges.
FindLaw: This online resource provides free legal information, a lawyer directory, and other resources on a wide range of legal topics, including domestic violence laws in Nevada.
American Bar Association: The ABA provides law resources and services, and may offer information on legal processes related to domestic violence charges.
Avvo: This website provides a directory of lawyers, legal advice, and other resources on a broad range of legal topics, including domestic violence and criminal defense.
Legal Aid Center of Southern Nevada: This organization provides free legal education, advice, and representation to individuals who cannot afford a private attorney, including those facing domestic violence charges.
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