Child Abuse Lawyer – Las Vegas Defense Group

Our Las Vegas child abuse attorneys are a six-lawyer strong team devoted to fighting your criminal charges in Nevada.

We understand that being falsely accused of child abuse is very scary and affects every aspect of your life. So we investigate, litigate, and negotiate until we craft the best defense available.

Our Nevada child abuse lawyers can usually achieve a substantial charge reduction or full dismissal without having to go to trial.

How do Las Vegas child abuse lawyers fight the charges?

A criminal defense attorney’s first step in fighting your Nevada child abuse charges (NRS 200.508) is to conduct a thorough investigation of the entire case. This involves:

• Interviewing all witnesses who may have seen or heard the alleged physical abuse, emotional abuse, endangerment, medical care neglect, sexual abuse, or sexual exploitation;
• Examining the accuser’s emails, voicemails, texts, etc., for motivations to lie;
• Gathering any other relevant evidence, such as video recordings of the alleged incident; and
• Gathering the child’s medical records, which may show that any physical injuries predated the incident or that the child had preexisting mental health issues.

Depending on the available evidence, the attorney then crafts a defense strategy. Five common defenses include:

1. The incident was an accident. Causing physical or mental injury to a child is a crime only if you intentionally did it or knowingly allowed maltreatment to happen.
2. You acted in lawful self-defense. Nevada law permits you to hit or even injure a child if it is reasonably necessary to deflect an attack from the child.¹
3. Your actions were lawful corporal punishment. For instance, spanking a child to discipline them does not qualify as abuse of a child as long as it is not excessive.²
4. Your co-parent falsely accused you. This is particularly common during divorces in an effort to influence the outcome in a child custody case.
5. The child’s injuries were self-inflicted. Sometimes angry children will actually harm themselves and levy false accusations against you to get you into trouble. An expert medical witness can often identify self-inflicted wounds.

Ultimately, the defense attorney will meet with prosecutors to present its case. If prosecutors see there is a reasonable doubt as to your guilt, they may agree to reduce or drop the charges.

Can I stay out on bail during the case?

In most cases, Nevada judges allow you to be released on bail. Though if the bail amount is unaffordable, the defense attorney can schedule a bail hearing to argue for a lower bail or own recognizance release (O.R.) where no payment is required at all.

Can a defense attorney get incriminating evidence thrown out?

Possibly. The Fourth Amendment protects everyone from unreasonable searches and seizures. If the police found evidence of child abuse through an unlawful search, a Nevada criminal defense attorney would then file a motion to suppress asking the judge to disregard the illegally-obtained evidence.³

If the judge grants the motion to suppress, then the district attorney’s case against you may be severely weakened. They may even drop the case for lack of proof.

Can the case get dismissed?

The primary goal for Nevada defense attorneys in every child abuse and neglect case is to get the charges dropped if possible. Defense attorneys try to show prosecutors that the state’s evidence is too insufficient to prove guilt beyond a reasonable doubt, and that going to trial would result in an acquittal.

If prosecutors refuse to drop the case, they usually will offer a plea bargain instead. For instance, they may agree to lessen a felony charge down to a gross misdemeanor or a misdemeanor. Or they may agree to lessen gross misdemeanor charges down to a misdemeanor. In these cases, you face the choice of whether to accept the plea agreement or go to trial.

A defense attorney will go over with you all the pros and cons of taking a plea deal versus risking a guilty verdict at trial. In some cases, it may make reasonable sense to plea to a lesser offense – especially if the state has incriminating evidence that cannot be suppressed. Though if you choose trial, the defense attorney will use every available legal tactic – such as impeaching the accusers’ credibility – to sway the jury to return a “not guilty” verdict.

Do I have to go to court?

Child abuse defense attorneys can usually appear in court on your behalf without you having to appear as well. In some felony cases, judges may require you to personally appear during the arraignment.

In general, Nevada judges only require your presence during the preliminary hearing and trial. Though many child abuse cases get resolved before they even reach that point.

Is a Las Vegas child abuse attorney really necessary?

It is highly recommended that – if you are accused of child abuse and neglect – you hire private criminal defense attorneys because the stakes are so high.

Not only do you face long prison or jail sentences and high fines. The county’s Department of Family Services could potentially get involved and take away your child custody rights.

Furthermore, public defenders simply do not have the time or resources to wage the relentless defense necessary to try to avoid a child abuse conviction. Though a skilled private attorney will manage the entire case so that you can rest assured you are getting the best defense possible.

Facing child abuse allegations? Our experienced Las Vegas criminal defense lawyers are on your side. We fight child abuse charges throughout Clark County, Washoe County, Nye County, and the state of Nevada.

Our practice areas also include family law, so we can represent you in your CPS (Child Protective Services) case as well. We can consult with you over the phone or in our law offices in Henderson, Reno, or Las Vegas, NV.

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