In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Note that a first-time offense of battery domestic violence will be prosecuted as a felony in Nevada if either:
Oddly, it is often more difficult in Nevada to get a domestic battery charge lessened or dropped than it is to get a murder charge reduced to manslaughter. The reason is that there is a specific law on the books that forbids prosecutors from agreeing to a domestic battery charge reduction or dismissal if they have sufficient evidence to support a conviction at trial. In other words, prosecutors may not plead down domestic battery charges if they believe they could get a guilty verdict.
Consequently, Nevada criminal defense attorneys have to work extra hard when representing clients faced with battery domestic violence charges. Defense attorneys need to comb through every aspect of the case in search of:
If the criminal defense attorney is successful, he/she may be able to persuade the prosecutor either to dismiss the charges or else lessen it to a more minor misdemeanor. Examples include simple battery or breach of peace.
Even though a first-time conviction of battery domestic violence is only a misdemeanor, it looks terrible on the defendant’s criminal records. Potential employers may pass over otherwise qualified job candidates for it. Potential landlords may reject otherwise qualified tenants for it. And it may cost workers their professional licenses, such as medical licenses and bar cards. Therefore, anyone facing battery domestic violence allegations is advised to hire legal counsel to try to get the charges reduced or dismissed.
Learn about sealing Nevada battery domestic violence cases.
There are several possible ways to fight battery domestic violence charges in Nevada. As always, the best strategies depend on the specific facts of the case. Typical arguments are the following:
Common evidence in these types of cases include eyewitnesses, video recordings, communications (such as text messages), and expert medical testimony.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
The legal definition of domestic battery is (1) any willful and unlawful touching, (2) that is harmful or offensive and (3) is committed against an intimate partner. Examples of this kind of domestic violence include: Lisa pushes her boyfriend during a fight. Marcos, feeling frustrated with his ex-wife, grabs her shirt and rips it. Candice is ...
If you’ve been arrested and charged with “battery domestic violence” (BDV) in Washoe County, Nevada, you could be facing severe penalties in addition to dramatic upheaval in your family and professional life. That’s why it is so crucial in the hours and days after your arrest to think as clearly and rationally as possible and to take ...
California domestic violence laws make it a crime to harm or threaten to harm, an intimate partner. If a domestic violence (“DV”) charge gets filed under these laws, a defendant can attempt one, or all, of the following to try and get it dropped: gain the support of the prosecutor, request a copy of the ...
Know that there are several legal defenses that an accused can raise to beat, or reduce, a charge of domestic violence. Some of these include: the alleged victim’s injury was the result of an accident, the alleged victim’s injuries did not result from the defendant’s actions, the defendant was acting in self-defense or in defense ...