Domestic violence charges are very serious and law enforcement will fully investigate and act on a claim of domestic violence because the relationship between the accused and the victim is often one of a close, personal and dependent nature. You need a domestic violence lawyer Las Vegas team helping you now.
Domestic violence does not necessarily have to be hitting or punching your spouse or significant other. Nevada law states that any amount of touching, no matter how soft or light, could be considered domestic battery. In Clark County, domestic violence is often defined as hitting, punching or slapping. Domestic violence can also be charged in cases where the defendant grabs or pinches a victim. A domestic violence charge can also come from choking, biting, burning, pushing or shoving a victim.
If there is a second conviction of domestic violence the perpetrator the conviction will result in at least 10 days in jail. Under A third conviction for domestic battery or domestic violence is a felony and carries a mandatory one year prison sentence.
In addition to jail time, fines and classes, a charge of domestic violence may often result in the Court issuing a temporary protective order. This may be issued without evidence and without the opportunity to defend yourself. A temporary protective order may prevent you from returning home and may even keep you away from your children. It is important to retain a domestic violence attorney Las Vegas firm that can provide a defense to prevent the Court extending the protective order.
Usually, domestic violence offenses occur in the midst of a contentious divorce or child-custody case. A charge of domestic violence may affect your ability to see your children or even continue to live in your home.
The law in Nevada requires that someone is arrested if probable cause exists. As long as the police arrive within 24 hours of the incident, or within 24 hours of being notified of a domestic violence incident, chances are an arrest will be made.
Even if it is after 24 hours from the incident when the police arrive, an aggressor could still be arrested. If there are enough witness statements, or significant evidence to warrant an arrest, even if things have calmed down, chances are someone will go to jail.
The police officers who were called to the scene will prepare a detailed domestic violence police report. Witness statements will also be obtained. Police might run a criminal offense background check to make sure the alleged aggressor does not have an outstanding warrants or a prior history of abuse. Further investigation may occur depending on the severity of the domestic violence. For example, police may speak to medical providers or take pictures of broken items if the case warrants it.
The police will forward their written reports to the prosecutor’s office for consideration. Often, officers will meet with the prosecutor to go over evidence and the written statements to determine whether or not the prosecutor will file formal charges against the accused.
The short answer is No! Once domestic violence is reported to law enforcement, the prosecutor will aggressively pursue the case. This is likely to occur even when the victim changes their mind. A prosecutor can also pursue a case where the victim later denies anything happened. Essentially, once domestic violence is reported to authorities, it is no longer up to the victim to decide if charges will move forward.
Yes! In Nevada, domestic violence is more than just physical contact and injuries. Domestic violence cases in Nevada also include emotional abuse and using power and control over a victim.
Think of it this way, pulling hair or pushing someone may not leave a mark. But in Nevada, this is domestic violence and charges can be filed.
The penalty for domestic battery, which is also considered domestic violence in Nevada, depends on several factors. It can depend on the severity of the incident and if this is a repeat offense.
A first offense is considered a misdemeanor. It is punishable by two days to six months in jail, between 48 and 120 hours of community service, and a fine of $200 to $1,000. You may also be required to take 6-12 months of classes in a domestic violence program.
Second offenses within seven years of a first offense are still a misdemeanor. It is punishable by ten days to six months in jail, community service between 100 and 200 hours, and a fine of $500 to $1,000. You will also have to complete no less than 12 months of a domestic violence program.
For third and subsequent offenses, it is considered a Class C Felony. It is punishable for you one to five years in prison and a fine of no more than $15,000.
A seasoned domestic abuse violence attorney in Las Vegas can help you in this situation to get the best results possible. They may be able to get the charges dismissed or get you the lightest sentence possible.
What usually happens in a domestic violence case?
After your arrest, you should seek the help of a Las Vegas attorney as soon as possible. They can help you to get the best results for your case.
You will want to provide your criminal defense attorney with any information to build your defense. That can include any history of violence from the plaintiff on the defendant. Also, inform your attorney of any criminal record of mental illness or substance abuse.
More than likely, your case will be before a jury for trial. Your attorney will speak on your behalf to put your case in the best light possible. Your attorney may also work to make a plea bargain which may allow for the dismissal of charges or a lighter sentence.
If a plea agreement is not settled, the defendant may face several penalties. They can include jail time, fines, community service, and counseling.
Different cases require different strategies. At The Rosenblum Allen Law Firm, we approach the defenses to domestic violence charges on a case by case basis. However, some available defense include self defense, insufficient evidence, factual innocence and matters of jurisdiction.
Most domestic violence cases take anywhere from a few months to a year to complete from the day charges are filed. The severity of the incident, the number of charges and whether the case is being charged a felony or a misdemeanor will affect the time it takes to resolve the case. Remember, even after sentencing domestic violence cases may remain open for some time to ensure the accused has completed all of the requirements of their sentence.
We cannot stress enough that having a qualified and experienced domestic violence defense lawyer is key if you are a gun owner. A conviction of domestic violence will prevent you from having guns. It’s that simple.
While charges are pending, you can file a motion with the judge and get a court order to get your guns. Keep in mind that in the motion, you will need to explain to the judge why you need your guns immediately instead of waiting until your case is over.
After your arrest, you should seek the help of an attorney as soon as possible. They can help you to get the best results for your case.
You will want to provide your attorney with any information to build your defense. That can include any history of violence from the plaintiff on the defendant. Also, inform your attorney of any record of mental illness or substance abuse.
More than likely, your case will be before a jury for trial. Your attorney will speak on your behalf to put your case in the best light possible. Your attorney may also work to make a plea bargain which may allow for the dismissal of charges or a lighter sentence.
If a plea agreement is not settled, the defendant may face several penalties. They can include jail time, fines, community service, and counseling.
The cost of hiring a domestic violence lawyer Las Vegas firm depends on your case. We know you hate that answer but it’s true. Every domestic violence case is different and therefore, the cost of hiring a lawyer is different.
In general, you should expect to spend anywhere from $500 to $50,000 depending on the severity of the charges, the number of prior convictions, whether or not the case is charged as a felony or misdemeanor, whether or not you will need to hire expert witnesses and how many witnesses there are for both sides.
For more information about hiring a domestic violence defense lawyer, please call us at (702) 433-2889 or fill out our on-line form.
The Rosenblum Allen Law Firm, serving Las Vegas, Henderson, Summerlin, North Las Vegas, Centennial Hills, Clark County, and Nye County, is the firm that individuals and businesses alike count on to handle their litigation.
