Domestic Violence Defense Lawyers in Las Vegas Helping Clients Find Justice
The state of Nevada takes any domestic violence case very seriously, but sometimes wrong accusations of violence against family members are made against individuals. 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. Hiring a criminal defense lawyer like those at Yampolsky & Margolis is the best way to obtain a strong defense and avoid or reduce a domestic violence conviction. We have over 40 years of combined experience helping individuals charged with various crimes, including domestic violence. We know the law and how to find evidence proving that you do not deserve the severe punishment the court may give you. Please don’t try to defend yourself against a domestic battery charge alone. We offer free consultations by calling (702) 385-9777, so contact us today.
What is Domestic Violence under Nevada Law?
When someone accuses you of domestic violence, the first step in constructing a solid defense is understanding what legally constitutes domestic violence in Nevada. One crucial 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 harm on their spouse, ex-spouse, housemate, boyfriend, girlfriend, relative, or roommate. Sometimes throwing something at someone or breaking their phone 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. It is the one crime for 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 report that around 40% of the calls requiring investigation involve domestic violence. Domestic violence is the only misdemeanor offense in the State of Nevada that entitles the defendant to a jury trial.
Your Las Vegas Domestic Violence Lawyer needs to take cases very seriously, as the state of Nevada frequently seeks to prosecute an accused abuser—even if the victim decides not to pursue legal action. Penalties are severe if these accusations are proven true, including high dollar fines, losing your right to own a firearm, lengthy probation, and even sentencing to 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 are the most common defenses used in domestic violence cases in Las Vegas?
Defendants in domestic violence cases may use common defenses such as self-defense, false accusations, lack of evidence, and lack of intent to commit the alleged offense.
- Self-defense is a common defense in domestic violence cases where the accused person claims to act in self-defense or to defend others. Using force was necessary to protect themselves or someone else from harm.
- False accusations may be used as a defense if the accused person believes that the alleged victim fabricated or exaggerated domestic violence allegations.
- Lack of evidence may be a defense if there is no clear evidence to support the allegations of domestic violence. In some cases, the prosecution may rely heavily on the alleged victim’s testimony, and without physical evidence, it may be challenging to prove the case beyond a reasonable doubt.
- Lack of intent to commit the alleged offense might be a defense if the accused person did not intend to cause harm or injury to the alleged victim. However, it is essential to note that lack of intent is not a defense if the accused person acted recklessly or negligently and their actions led to harm or injury.
It is essential to speak with our attorney, familiar with the laws and procedures in Las Vegas or any other specific jurisdiction, to understand the defenses that may apply to a particular domestic violence case.
What Types of Actions Can Lead to Domestic Violence Charges?
A wide range of actions constitutes domestic violence battery in Nevada. It would be best to understand that the action did not necessarily need to cause physical injury to the other individual 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 battery domestic violence, where harmful contact between two closely related people is not consensual. It 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 contact us for a free and confidential consultation to see how our determined attorneys can help you.
What Happens to Repeat Domestic Violence Offenders?
A domestic violence conviction can leave you with a criminal record that could affect your ability to get a job and social life. You want to avoid a conviction whenever possible, and hiring a lawyer to fight for you is your best choice. 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:
- A penalty for this offense may include imprisonment in a city or county jail or detention facility for a period ranging from two days to six months, along with 48 hours of community service and fines ranging from $200 to $1,000, and additional court costs.
- As part of the domestic violence penalty, authorities may require the offender to attend counseling sessions, including attending at least one class per week (lasting a minimum of 1.5 hours) for six months and potentially attending drug and alcohol counseling.
For the second 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 ten days – 6 months.) Two hundred hours of community service, $500-$1,000 fines, plus court costs.
- As part of the sentence, authorities may order the offender to attend domestic violence counseling, which could mandate attendance at one class per week for a minimum of 1.5 hours for 12 months and possibly require drug and alcohol counseling.
For the third and any subsequent offense within seven 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.
Nevada law and Federal law prohibit individuals convicted of a misdemeanor or felony domestic violence from legally possessing a firearm.
What is the Domestic Violence Plea Bargain and Record Sealing?
We can help you negotiate a plea bargain if you face domestic abuse charges. Depending on your accusations’ seriousness, a plea deal can help you escape jail. Completing specific requirements may make it possible to seal your criminal record related to domestic violence. A domestic violence charge brings a poor social reputation and makes it harder to find employment or enroll in school in the future. Therefore, it’s crucial to get your record sealed so the charges in the future don’t severely impact you. The Defenders are qualified in this field and can help you through sealing your records, which is a necessary but challenging step.
Where Can I Find More Information on Domestic Violence Charges in Nevada?
With the seriousness of any domestic violence case, you may have more unanswered questions. Please check out the resources below and 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 you have an experienced domestic violence lawyer in Las Vegas who can help protect your interests and preserve your rights. At Yampolsky & Margolis Criminal Defense Las Vegas, we offer our clients the chance to sit for a free consultation with criminal lawyers and offer our clients more than 40 years of experience. We know the law and 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. You get that 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, a false accusation is often made out of spite or to further the alleged victim’s agenda. In certain divorce proceedings, for example, some mothers may claim spousal abuse, child abuse, or neglect to damage a husband’s credibility in their custody battle. A high-quality criminal defense attorney in Las Vegas must be able to anticipate most of the moves made in such cases, as they have handled them numerous times before. It is also the Las Vegas domestic violence attorney’s job to develop a suitable defense to help our clients get the justice they deserve.
People have often employed underhanded tactics to influence the jury or judge’s decision. We have never employed such moves ourselves, but we are adept at spotting them and fighting them within the confines of the law.
Our firm also offers a free consultation in Las Vegas. It 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 and some tactics you may employ to stave off their advances. This way, our clients can access a free consultation from experienced criminal lawyers who understand the entire process and can discuss the pros and cons of the different scenarios.
Should I Hire Criminal Defense Attorneys for My Domestic Battery Violence Case?
When facing domestic battery charges, you may feel distraught by the accusations against you and fear 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 their lies and will fight to protect your rights. We aim 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 present. Our sole focus is giving our clients the best chance when they enter the courtroom. Throughout our careers as domestic violence Las Vegas lawyers, we have managed to free countless innocent people in situations charged with one crime or the other with great aplomb and their dignity intact.
For more questions and information, don’t hesitate to contact us. With our offer of a free and confidential consultation, we are still waiting to contact us today at (702) 385-9777.