Being charged with domestic violence in Las Vegas is a serious situation that can have lasting consequences for your future. While you might be tempted to handle the case on your own or rely on a public defender, hiring a private criminal defense lawyer can make a crucial difference in the outcome of your case. Here are five important reasons why you should consider hiring a criminal defense attorney:
1. Nevada Has Strict Domestic Violence Laws with Severe Penalties
Nevada treats domestic violence cases with extreme seriousness. Even a first-time misdemeanor domestic violence conviction carries mandatory minimum penalties, including:
- A minimum of 6 months of counseling at your expense
- 48-120 hours of community service
- $200.00 to $1000.00 in fines
- Possible jail time
- Loss of your right to own or possess firearms
Moreover, a domestic violence conviction cannot be sealed from your record for 7 years, and a third offense within 7 years becomes an automatic felony. An experienced criminal defense lawyer understands these complexities and can work to minimize these consequences or potentially avoid them altogether.
2. Your Case Requires Immediate Action
The hours and days immediately following a domestic violence arrest are critical. Police reports need to be obtained, witnesses need to be interviewed while memories are fresh, and evidence needs to be preserved. A criminal defense lawyer can:
- File emergency motions to preserve surveillance footage or phone records
- Interview witnesses before their stories change
- Document injuries or lack thereof
- Begin building your defense strategy immediately
- Handle communication with prosecutors and law enforcement
- Help you understand and comply with any temporary protective orders
Waiting to hire representation can result in lost evidence and missed opportunities that could have helped your case.
3. Prosecutors Take a Hardline Stance
Clark County prosecutors are known for taking an aggressive stance on domestic violence cases. They rarely dismiss charges, even if the alleged victim doesn’t want to proceed. This “no-drop” policy means that simply having the alleged victim recant their statement usually isn’t enough to get your case dismissed.
An experienced defense lawyer knows how to:
- Negotiate with prosecutors from a position of strength
- Identify weaknesses in the state’s case
- Present mitigating evidence effectively
- Navigate the specific policies and procedures of Las Vegas courts
- Challenge evidence that may have been improperly obtained
- Advocate for alternative resolutions like diversion programs when appropriate
4. Your Rights and Future Are at Stake
A domestic violence conviction can impact nearly every aspect of your life:
- Employment opportunities (many employers won’t hire someone with a domestic violence conviction)
- Housing applications
- Child custody and visitation rights
- Professional licenses
- Immigration status
- Right to own firearms
- Future criminal proceedings (enhanced penalties for subsequent offenses)
A skilled defense lawyer can help protect your rights and work to minimize these collateral consequences. They can also advise you on how to avoid actions that might make your situation worse, like violating protective orders or contacting the alleged victim.
5. There May Be More Defense Options Than You Realize
While each case is unique, there are often more defense strategies available than defendants realize. An experienced domestic violence defense lawyer can evaluate whether:
- The incident was self-defense
- There were witness credibility issues
- Evidence was improperly collected
- Your rights were violated during arrest
- There are inconsistencies in witness statements
- Alternative explanations exist for any injuries
- The incident was falsely reported
- Mental health or substance abuse treatment might be appropriate alternatives to prosecution
Your lawyer can also help you understand when it might be advantageous to:
- Accept a plea to a lesser charge
- Pursue a negotiated resolution
- Take your case to trial
- Seek admission to a diversion program
Next Steps
Here at Las Vegas Defense Group, we have nearly 100 years of collective experience in law enforcement and criminal defense. We are the 2024 Best of Vegas gold winner for both best defense lawyer and best domestic violence lawyer. We are ready to help you fight your domestic violence case and achieve the best possible outcome.
