Beating a Domestic Violence Charge in Nevada: Odds & Strategies

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:

  • Assault
  • Battery
  • Threatening a party to do something forcefully
  • Stalking,
  • Arson,
  • or trespassing
Domestic Violence

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.

Self Defense

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.

Further Reading

If you are facing challenges related to domestic violence legal issues, our lead attorney, Molly Rosenblum Allen, Esq., has developed a comprehensive set of resources to assist you during these difficult times. These resources, crafted with her extensive expertise and dedication to helping those in need, provide valuable insights and guidance:

  1. Domestic Violence Lawyer in Las Vegas: Offering professional legal assistance for domestic violence cases in Las Vegas. Discover more about how you can navigate these complex situations with expert help. Learn More

  2. Domestic Violence in Las Vegas: A detailed guide addressing the specifics of domestic violence cases in Las Vegas, providing essential information and support. Explore Further

  3. Domestic Violence Plea Bargain: Understand the nuances of plea bargains in domestic violence cases and how they might impact your situation. Find Out More

  4. How to Get Domestic Violence Charges Dismissed: A resource aimed at guiding you through the process of potentially having domestic violence charges dismissed. Read More

  5. How to Get Your Gun Rights Back After a Domestic Violence Conviction: Learn the steps involved in restoring your gun rights following a domestic violence conviction. Discover the Steps

  6. Should I Request a Jury Trial for my Domestic Violence Case?: Evaluate the pros and cons of opting for a jury trial in your domestic violence case with this informative guide. Make an Informed Decision

Each of these resources, meticulously prepared by Molly Rosenblum Allen, Esq., aims to provide you with the knowledge and support you need to navigate the legal complexities of domestic violence cases.

Why You Still Haven't Hired a Las Vegas Domestic Violence Defense Attorney Yet

Watch this short video to take the next big step toward defending your rights against your domestic violence charge.

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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:

  1. 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.

  2. Nolo: This site offers a wealth of legal information for consumers and small businesses, including details on criminal law and domestic violence.

  3. Justia: A platform that provides free legal information and a directory of attorneys for various legal issues, including domestic violence charges.

  4. 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.

  5. American Bar Association: The ABA provides law resources and services, and may offer information on legal processes related to domestic violence charges.

  6. 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.

  7. 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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What's Next

Are you in need of a Las Vegas criminal defense attorney?

Look no further than The Rosenblum Allen Law Firm in Las Vegas.

We offer decades of combined experience with the best results for our clients.

Our attorneys specialize in defending against even the most complex cases, and we are dedicated to keeping your rights protected justice served.

Don’t get intimidated by Las Vegas’ aggressive courts – get legal protection on your side!

To experience top quality representation from an experienced law firm, call The Rosenblum Allen Law Firm at (702) 433-2889 today!

Frequently Asked Questions

What does “Battery Domestic” refer to?

“Battery Domestic” typically refers to a specific type of criminal charge involving physical violence or harm against an intimate partner or family member within a domestic setting. It is a serious offense that requires legal representation to navigate the legal process effectively.

What are the consequences of a domestic violence conviction in Las Vegas?

A domestic violence conviction can result in severe penalties, such as fines, probation, mandatory counseling, restraining orders, and even imprisonment. Additionally, it may have lasting impacts on one’s personal and professional life, including difficulties in finding employment and housing.

Why should I hire a domestic violence attorney for my case?

Hiring a domestic violence attorney is crucial because they have the expertise and experience to navigate the complexities of domestic violence laws in Las Vegas. They can build a strong defense, protect your rights, negotiate with prosecutors, and work towards obtaining the best possible outcome for your case.

What constitutes a domestic violence offense in Las Vegas?

A domestic violence offense includes any act of violence, threat, or harassment committed by one family or household member against another. It can involve physical abuse, emotional abuse, stalking, or any behavior that causes harm or fear within a domestic relationship.

What is considered “bodily injury” in a domestic violence context?

In domestic violence, “bodily injury” refers to any physical harm or injury caused to a victim due to the domestic violence incident. It can range from minor injuries to more severe harm and can be used as evidence in a domestic violence case.

What role does community service play in a domestic violence case?

Courts may order an individual convicted of domestic violence to perform a specific number of hours of community service as part of their sentence. Community service allows offenders to give back to the community and rehabilitate themselves.

How does domestic violence impact custody and visitation of a minor child?

Domestic violence can significantly affect custody and visitation arrangements. Courts prioritize the safety and well-being of the child. If a parent is deemed a risk to the child’s safety, they may have restricted or supervised visitation or, in severe cases, lose custody rights altogether.

What defines a “domestic relationship” in the context of domestic violence cases?

A “domestic relationship” is a familial or intimate relationship between individuals involved in a domestic violence incident. This includes spouses, domestic partners, former spouses, cohabitants, individuals with a child in common, or individuals currently or previously in a dating relationship.

How does the court assess the risk of death in domestic violence cases?

The court may consider various factors, including the severity of past violence, threats made by the abuser, access to weapons, and the victim’s fear for their life. If evidence indicates a risk of death or severe harm, the court may issue protective orders or take other measures to ensure the victim’s safety.

What differentiates “domestic battery” from other domestic violence offenses?

“Domestic battery” is a specific type of domestic violence offense involving the intentional use of force or violence against a family or household member. It often encompasses acts of physical harm or offensive touching without the victim’s consent.

What does a strong defense entail in a domestic violence case?

A strong defense in a domestic violence case involves: Thorough investigation. Gathering compelling evidence. Challenging the prosecution’s case. Leveraging legal strategies to protect the accused’s rights and seek the best possible outcome, such as reduced charges or acquittal.

What should I do if I am facing a domestic violence criminal charge in Las Vegas?

If you are facing a domestic violence criminal charge, seeking immediate legal representation from an experienced domestic violence attorney is essential. They can guide you through the legal process, protect your rights, and work towards a favorable resolution for your case.

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