Some Facts You Must Know About a Domestic Violence Charge in Las Vegas.
Almost all charges of Battery Domestic Violence occur in a close relationship, and they are highly emotionally charged. Therefore, it is not uncommon that an angry spouse (or any type of close, intimate relationship) may fabricate an “incident” to punish their spouse or significant other.
This happens more frequently than you might think. Still, a qualified, experienced domestic violence defense lawyer will be able to recognize the signs of an alleged victim’s story that the authorities may miss. When dire inaccuracies are exposed, your lawyer will often be able to have your charges dismissed.
Some other vital facts include:
- Self-defense – If you’ve been charged with domestic violence (as with all crimes that include violence), it is always an affirmative defense that you acted to protect yourself or others. Simply, it is never a crime to lawfully and reasonably act to defend yourself against injury or death.
- Failure of the prosecution to prove reasonable doubt – The Las Vegas or Nevada prosecutor always has the burden of proving their case beyond a reasonable doubt, whether it be to a judge or jury. Your experienced lawyer will always ensure that this benchmark is sufficiently enforced.
- There are many ways to get your charges reduced – A diligent, aggressive defense lawyer will identify issues and holes in the prosecutor’s case. Doing so can often lead to a reduction in charges or even dismissal. Even though a simple battery charge does not have the mandatory minimum sentences, most domestic battery charges do. But your skilled defense attorney can often mitigate a battery domestic violence charge down to something as innocuous as “disorderly conduct.”
One vital point to remember is that any domestic violence charge in Las Vegas or Nevada is severe. The sooner you get the advice and professional guidance from your winning, aggressive, and qualified Las Vegas domestic violence lawyer, the better your chances of staying out of jail; you simply have no time to waste to “get ahead” of the prosecution.
What Should I Do If I’m Charged With Domestic Violence?
When you’re charged with domestic violence, you most likely will be fearful, in shock, or even physically hurt. When this occurs, you absolutely must work to react clearly and decisively and do the right things for yourself, your civil rights, and your future.
Doing these three simple things will always ensure you’re in a better position to fight these charges; they are:
- Consult with a lawyer immediately – Don’t believe you can fight this type of charge on your own. Even if the victim may no longer want to press charges, the Las Vegas prosecutors can and will continue to try to convict you. A domestic violence conviction will affect your life for decades, and your future may be at risk. The sooner an experienced defense lawyer can begin working on your defense and deal with prosecutors, the better chance you have of a positive outcome.
- Document your medical issues and get help with them – Injuries in a domestic violence case are rarely a one-way street. If you have acted in self-defense, you may suffer defensive injuries; you must document them as thoroughly as possible so your lawyer can use this valuable information in your defense.
- Follow all your court orders precisely – Even if you feel you were wrongly arrested and the charges are false, never ignore any court order that may have been entered, limiting your contact with the alleged victim, etc. Doing so will only worsen this dire situation, and your lawyer will deal with any orders correctly and legally.
The “right” Las Vegas domestic violence lawyer will always advise that you do nothing without getting their advice and professional legal guidance; this is vital for your protection.
Some Key Points You Must Know About Nevada’s Domestic Violence Laws.
First, the lawyer you choose must have experience, prior trial experience, and knowledge to deal with these charges.
The laws you’re up against are outlined in Nevada’s domestic violence statutes NRS 200.485 under “homicide” for a reason; they can inflict dire and severe penalties.
Therefore, you must know the following vital things:
- Examples of battery domestic violence (or BDV) can be as simple as slapping your wife or physically grabbing a cell phone out of their hand.
- A skilled BDV defense lawyer will use three primary defenses: that you acted in self-defense, the incident was an accident, or that you were falsely accused.
- Sometimes, your accuser may injure themselves to back up false abuse allegations.
- Las Vegas and Nevada prosecutors typically will not drop BDV charges because your accuser takes the accusations back.
- Even a misdemeanor BDV conviction can’t be “sealed” till seven years have passed since your case closed. Any Felony BDV convictions will remain on your record for ten years.
What To Look For In a Domestic Violence Lawyer in Las Vegas?
Domestic violence in Las Vegas is a severe charge and can have life-changing penalties attached to it. Therefore, it’s crucial to your freedom and future to consult and obtain the best domestic violence lawyer you can find.
Always remember that not all lawyers are equal in their knowledge, skills, aggressive attitude, etc. Many claim they “handle severe criminal cases and are versed in defending domestic violence charges, and even going to trial, but they simply are not.
Also, with this type of charge, choosing the “right” lawyer can be the difference between winning and losing your case.
From ” day one,” a professional, experienced lawyer will begin mounting your defense before you even go to court, especially before any trial. Many times, if they’re deeply skilled, they may be able to have your case dismissed or mitigated downward without even exposing you to the risk of going to trial.
A truly and deeply versed domestic violence lawyer with a winning history in domestic violence cases is your only genuine and best defense in keeping your rights and freedom.
So, even though you must move quickly, finding the most thorough, detailed domestic law team deeply invested in your case should initially be your only pursuit.
I’ve Been Accused of Domestic Violence in Las Vegas; How Should I Proceed?
First, never delay in consulting with a professional, trial-experienced, Las Vegas domestic violence criminal defense lawyer.
Each case differs, but their severity is the same, and your lawyer will do a full investigation and immediately work to stay a few steps ahead of your charges and the prosecution. It’s even possible that after your lawyer aggressively investigates all the issues, they might be able to convince the prosecution not to proceed.
The Las Vegas Law Offices of Yampolsky and Margolis have over 40 plus years of a combined winning history of helping Las Vegas and Nevada clients accused of domestic violence keep their freedom. Call them today at (702) 385-9777, and they will tirelessly and professionally work to win your case.
Remember, you are innocent until proven guilty, so consult with them first, as they have the proven skills to preserve your rights and your freedom.