Domestic Violence Defense Lawyers in Las Vegas Helping Clients Find Justice
Any domestic violence case is taken very seriously in the state of Nevada, but the truth is there are some times when individuals are wrongly accused of violence against family members. The alleged victim may be upset because of an argument against the person accused and is trying to seek revenge. Other times, the victim decides they do not want to press charges, but by law in Nevada, the court must proceed to investigate the domestic violence charges. If you are found guilty of domestic violence, there can be strict penalties such as jail time or even a felony conviction that can stay on record for the rest of your life. To avoid or lessen a domestic violence conviction, you need a strong defense which can be best obtained by hiring a criminal defense lawyer such as those at Yampolsky & Margolis. We have over 40 years of combined experience in helping individuals who are charged with a variety of crimes, including domestic violence charges. We know the law and we know how to find evidence proving that you do not deserve the severe punishment that the court may end up giving you. Please don’t try to defend yourself against a domestic battery charge alone. We offer free consultations by simply calling (702) 385-9777, so reach out to us today.
What is Domestic Violence under Nevada Law?
When someone accuses you of domestic violence, the first step in constructing a strong defense is to understand what legally constitutes domestic violence in Nevada. One important fact to know about this type of crime is that it involves two parts: the relationship between the two individuals and the injury caused. Domestic violence in Nevada occurs when a person hits, pushes, strangles, elbows, knocks down, spits, or inflicts any sort of harm on his or her spouse, ex-spouse, housemate, boyfriend, girlfriend, relative, or roommate. Sometimes throwing something at someone or breaking their phone and /or computer could mean you have committed misdemeanor domestic violence. In Nevada, even if you don’t want to prosecute, the DA or city attorney can charge and even convict someone without your cooperation and consent. This is the one crime in which the confrontation clause of the U.S.
Constitution does not apply. Also, if there is strangulation or substantial bodily harm, the charges will be a felony. (NRS 33.018 Acts which constitute domestic violence). The police say that about 40% of the calls they get that need to be investigated involve domestic violence. Domestic Violence is the one misdemeanor in the State of Nevada in which a Defendant is entitled to a jury trial.
Your Las Vegas Domestic Violence Lawyer needs to take cases very seriously, as the state of Nevada will frequently pursue criminal action against an alleged abuser—even if the victim does not want to prosecute. A conviction on these charges carries stiff penalties, including a loss of your right to own a firearm, high dollar fines, lengthy probation, and/or even jail time for a first offense. We try to resolve the case, so there is no domestic violence conviction, and we have been very successful in the past. Self-defense is a defense in many cases. Reach out today for a confidential consultation with our talented legal team.
What Types of Actions Can Lead to Domestic Violence Charges?
There is a wide range of actions that constitute domestic violence battery in Nevada. You should understand that the action did not necessarily need to cause physical injury to the other individual in order for a domestic violence conviction. Some cases involve an act such as throwing an object or destroying a piece of that person’s property.
One form of domestic violence is known as battery domestic violence, where there is harmful contact between two closely related people that is not consensual. This is the typical form of domestic abuse that many people think of, such as hitting, slapping, strangling, kicking, biting, pinching, pushing, etc. Physical abuse is a serious matter that the courts will investigate even if the victim does not wish to pursue litigation.
Sexual abuse is another domestic violence offense that can lead to severe consequences if you are convicted. These crimes include forced sexual acts, sexual manipulation, threats, invasion of privacy, and stalking. With either form of domestic violence charges, you should always hire a criminal defense lawyer to help with your case to get the justice you deserve. You can reach out to us for a free and confidential consultation to see how our determined attorneys can help you.
What Happens to Repeat Domestic Violence Offenders?
Having a domestic violence conviction can leave you with a criminal record that could affect your ability to get a job and have a social life. You want to avoid a conviction whenever possible and hiring a lawyer to fight for you is the best choice you can make. For individuals with repeated convictions, these may be some of the consequences:
For the first offense within seven years, is guilty of a misdemeanor and shall be sentenced to:
- Imprisonment in the city or county jail or detention facility for 2 days to 6 months; and (NRS 200.48) 48 hours of community service, fines of $200-$1,000 plus court costs.
- Domestic violence counseling (one class per week (at least 1.5 hours) for 6 months and possibly drug and alcohol counseling.
For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
- Imprisonment in the city or county jail or detention facility for 10 days – 6 months.) 200 hours of community service, fines of $500-$1,000 plus court costs.
- Domestic violence counseling (one class per week (at least 1.5 hours) for 12 months and possibly drug and alcohol counseling.
For the third and any subsequent offense within 7 years, is guilty of a category C felony and shall be sentenced to 1-5 years in the Nevada State Prison NO PROBATION and up to a $10,000 fine.
In addition under both Nevada law and Federal law, if you are convicted of misdemeanor or felony Domestic violence, you are not able to legally possess a firearm.
Where Can I Find More Information on Domestic Violence Charges in Nevada?
With the seriousness of any domestic violence case, you may have more questions that are unanswered. We encourage you to check out the resources below, but also to give us a call to discuss the details of your case.
- How Does The State Of Nevada Define Domestic Violence?
- Does The Alleged Victim Have To Be Injured For Domestic Violence Charges To Be Filed In Nevada?
With so much at stake, be sure that you have an experienced domestic violence lawyer in Las Vegas who can help to protect your interests and preserve your rights. At Yampolsky & Margolis Criminal Defense Las Vegas, not only do we offer our clients the chance to sit for a free consultation with criminal lawyers, but we also offer our clients more than 40 years of experience. We know the law, and we know what it takes to build a powerful defense on your behalf. If you choose our firm today, you will never have any reason to regret it. We will not only meet your expectations, but we hope to surpass them. That is what you get when you hire our talented criminal defense attorneys in Las Vegas, Nevada.
What Can a Domestic Violence Defendant Do if They’re Falsely Accused?
In domestic violence cases, many times a false accusation is made out of spite or to further the alleged victim’s own agenda. In certain divorce proceedings, for example, some mothers may claim spousal abuse and/or child abuse or neglect in order to damage a husband’s credibility in their custody battle. However, it is the job of a quality criminal defense attorney in Las Vegas to predict most of these moves, as these cases have been seen many times in the past. It is also the job of the Las Vegas domestic violence attorney to come up with a suitable defense that can help our clients get the justice they deserve.
Underhanded tactics have been witnessed many times in the past, and most people employ them to try and influence the jury or judge’s decision. We have never employed such moves ourselves, but we are very adept at spotting them and fighting them within the confines of the law.
Our firm also offers a free consultation in Las Vegas. This is an incredible initiative started by our firm. We offer you free advice on your case and let you know what to expect from the prosecution, as well as some of the tactics that you may employ to stave off their advances. This way, our clients can have access to a free consultation from experienced criminal lawyers who understand the entire process and are able to discuss the pros and cons of all of the different scenarios.
Should I Hire Criminal Defense Attorneys for My Battery Domestic Violence Case?
When you are facing domestic battery charges, you may feel distraught by the accusations leveled against you as well as afraid of how this will affect your future. Because domestic violence penalties can be so severe, you are not wrong to be worried. But you don’t have to go through this troubling process alone. Our defense lawyers will work diligently to expose these accusations for the lies that they are and will fight to protect your rights. Our goal is to beat the charges against you so you can walk away with your rights and freedom intact. We fight to win. If we can’t beat the charges outright, we will work hard in every attempt to plead the case down to a much lesser offense, such as breach of the peace. We will never give up on our clients no matter what charges they are facing and the challenges their case presents. Our sole focus is on giving our clients the best possible chance when they step into the courtroom. Throughout our careers as domestic violence Las Vegas lawyers, we have managed to free countless innocent people that were charged with one crime or the other, with great aplomb and with their dignities intact. With our offer of a free and confidential consultation, there is no reason not to reach out to us today at (702) 385-9777.