Las Vegas Nevada Battery Domestic Violence Attorneys
Our Las Vegas criminal defense lawyers enjoy years of experience defending people accused of battery domestic violence charges. Unfortunately, this is an area of the law where many innocent Las Vegas residents can find themselves accused, arrested and charged with a serious crime. And for aliens living in Las Vegas, a domestic violence conviction may get you thrown out of the country because DV is one of many deportable crimes in Nevada!
Nevada law defines battery domestic violence in NRS 33.018. The offense is committed if you inflict a battery, assault, coercion, sexual assault or course of harassment against any of the following:
- Your spouse
- The mother or father of your children
- Someone with whom you are living
- A current or former dating partner
Penalties for a Las Vegas Battery Domestic Violence Conviction
First Offense Penalties
Someone convicted of NRS 33.018 battery domestic violence in Las Vegas Nevada faces a minimum of two days (and up to six months) jail in the Clark County Detention Center. The person also faces community service, up to $1000 in fines and 6 months of domestic violence counseling.
Second or Third Offense Penalties
Battery Domestic Violence is a "priorable" crime under Nevada law. This means that a person convicted of a repeat offense faces substantially harsher penalties. A second time offender faces a minimum of 10 days jail (and up to six months), plus 100 hours community service and a year of Las Vegas domestic violence counseling. On a third offense, battery domestic violence becomes a Category C felony and can land the person in Nevada State Prison for up to 5 years.
If you're an immigrant or non-citizen, domestic violence is grounds for removal from the United States. So if you're charged with DV, it's vital you hire an attorney to try to plead down your charge to a non-deportable offense. You can read more about deportable crimes in Nevada here and how we may help, even if you've already been convicted.
Fighting a Las Vegas Battery Domestic Violence Charge
Some battery domestic violence cases start with an angry spouse or jealous girlfriend who calls Las Vegas Metro Police and fabricates a false allegation to exact "revenge" on the person accused. The motives for making up stories or exaggerating vary: to get the boyfriend out of the house, to gain sole custody of the children, to get back at him for cheating.
Other battery domestic violence cases involve legitimate self defense. A couple may get into a heated argument that starts to get physical. The woman starts hitting at her boyfriend. Defending himself, he pushes her away or uses minor restraint. This causes her some scratches or redness. She calls 911 and accuses him of attacking her. Las Vegas Metro Police respond to the scene, see her marks, and arrest him for NRS 33.018 domestic violence.
In many of these cases, the prosecutor has very little evidence other than the word of an accuser who has serious credibility problems and an obvious motive to lie. Good Las Vegas battery domestic violence lawyers will investigate the case thoroughly, take advantage of these offenses, and press the court either to reduce or outright dismiss the charges. If a reduction or dismissal can't be secured, your domestic violence attorney can set the matter for a court trial and seek a "not guilty" finding.
