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
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
Don’t forget to explore these additional resources on our website:
“Understanding Domestic Violence in Nevada” – Gain insights into the definition and scope of domestic violence in Nevada, including the various forms of abuse and the legal implications.
“Restoring Gun Rights After Domestic Violence” – Discover the process and requirements for regaining your gun rights following a domestic violence incident in Nevada.
“Domestic Violence Defense Lawyers” – Learn about the importance of having skilled defense lawyers specializing in domestic violence cases to protect your rights and build a strong defense strategy.
“Domestic Violence Plea Bargain in Nevada: Get the Facts” – Understand the facts and considerations surrounding plea bargains in domestic violence cases in Nevada, including the potential outcomes and implications.
“Nevada Restraining Order” – Find information on obtaining a restraining order in Nevada, including the necessary steps, available types of orders, and the legal protections they provide.
“Fight Domestic Violence Charges: Insider Tips To Win Now [Updated 2023]” – Access valuable insider tips and strategies to effectively fight domestic violence charges, including updated information for 2023.
“Effect of Domestic Violence on Custody in Nevada” – Learn about how domestic violence can impact child custody cases in Nevada, including the factors considered by the court and the potential effects on custody determinations.
“Basics Of Las Vegas Restraining Orders” – Familiarize yourself with the fundamentals of obtaining restraining orders in Las Vegas, including the essential information and processes involved.
“What are the Chances of Beating a Domestic Violence Charge in Nevada?” – Discover the factors that can influence the likelihood of successfully contesting a domestic violence charge in Nevada and the importance of legal representation in such cases.
These resources provide valuable information and guidance on understanding domestic violence, navigating legal processes, protecting your rights, and seeking the best possible outcomes in domestic violence cases.
What's Next
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