For many years, Nevada has been ranked as one of the states with the highest rates of domestic violence. Domestic violence can be defined as any incident that involves a person abusing a family member or a loved one. The number of incidents of domestic violence across the state, and particularly in Las Vegas, have steadily increased in recent years. Domestic violence is an issue that law enforcement agencies in Las Vegas take very seriously. 40% of all 911 calls involve domestic violence. The safety of alleged victims is their main priority. All other parties involved in the case, such as the accused, are given lesser priority. So – if you are facing a domestic violence charge in Nevada, you better have a very strong domestic violence defense in the Las Vegas Valley especially. The DA’s office has a separate Domestic Violence task force. I deal with them all the time.
Domestic violence in Las Vegas covers a whole range of crimes that include child abuse and neglect and, domestic assault, spousal abuse and battery domestic violence. The latter charge is the most common in Las Vegas when a defendant is accused of battering someone he or she lives with or has a domestic relationship. Battery domestic violence is defined as any unlawful and willful use of force that results in violence upon another person(s). In this charge, the unlawful and willful use of force that results in violence must involve one of the following members of your family:
– Defendant’s minor child (biological, adopted or legal guardianship)
– Co-parent of a child
– Significant other
– Roommate or anyone person who lives in the same house as you
– In-law or relative by marriage
– Blood relative
– Former or current spouse
All forms of domestic violence are unlawful. Offensively touching any member of your family or household is illegal and subject to criminal prosecution. Legally, the only instance when this form of altercation is allowed or justified is when you are acting in self-defense, or protecting another member of the family, or safeguarding their property. Since the main mandate of law enforcement agencies is to protect the victim, the process of dealing with such cases begins by first arresting the person accused of carrying out the domestic violence offense, and then questions are asked later. Sometimes when the accused is not present the police obtain an arrest warrant. You will be arrested unless you hire an attorney for domestic violence defense to file the appropriate motion to keep you out of jail.
Although a victim can choose whether or not they want to press charges against the defendant, this decision ultimately rests with the prosecution according to the state laws of Nevada. The prosecution can therefore decide to ignore the victim’s plea of not pressing charges and proceed to press charges against the defendant. This is the only charge that the victim need not testify to convict a Defendant.
If you are convicted of any domestic violence offense in Las Vegas, you will face both professional and personal consequences in addition to various penalties (such as jail time) that are put forward by the state. Some of these consequences include limitation certain rights – like the right to own a gun or the right to vote, and even possibly limitation of your educational and employment opportunities in the future, not to mention the custodial status of your children in a child custody situation. Therefore, you need the best domestic violence defense possible!
Repeat domestic violence offenders face harsher penalties. A third domestic violence conviction within 7 years and carries a sentence of `1-5 years in the Nevada State prison and it is NON-probationable. Also, offenders who use deadly weapons or strangulation may get prolonged sentences. Your domestic violence defense Las Vegas attorney can help you explore the best defense options for your case. With their help, you may be able to have the charges dismissed or reduced. Learn more about how we can help you with your domestic violence defense by visiting our website or call us today at (702) 385-9777. Our office is pleased to represent people in all of Las Vegas, including Summerllin, Henderson, North Las Vegas, Aliante, Spring Valley and Boulder City.