Battery Domestic Violence in Las Vegas, NV
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Battery Domestic Violence Laws in Las Vegas, NV
Good people are wrongly accused of battery domestic violence (DV) probably more often than any other crime.
Even though it's normal for families to get angry with each other, police frequently mistake a harmless argument for a violent encounter. Or sometimes there was no argument at all, and a vengeful spouse may call the police with a purely made-up DV story. And what's more unfair is that even if this spouse later admits the story was fake, the state can still prosecute!
This article discusses the definition, defenses and penalties for Battery Domestic Violence in Nevada. If you're facing DV charges in Nevada, please contact us at (702) 380-4895 for a free consultation with a Las Vegas criminal defense attorney. It may be possible to get your charges reduced or dismissed completely.
Even though it's normal for families to get angry with each other, police frequently mistake a harmless argument for a violent encounter. Or sometimes there was no argument at all, and a vengeful spouse may call the police with a purely made-up DV story. And what's more unfair is that even if this spouse later admits the story was fake, the state can still prosecute!
This article discusses the definition, defenses and penalties for Battery Domestic Violence in Nevada. If you're facing DV charges in Nevada, please contact us at (702) 380-4895 for a free consultation with a Las Vegas criminal defense attorney. It may be possible to get your charges reduced or dismissed completely.
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Defending Against Las Vegas Domestic Violence Charges
By Las Vegas, NV Criminal Defense Lawyers
What is Battery Domestic Violence in Nevada?
Battery is the deliberate and unlawful use of force on another person, such as hitting, slapping, poisoning, etc.
Battery domestic violence may occur only between people who are or have been related, sexually involved, seriously dating, or living together. This also includes in-laws, co-parents, roommates, and minor children for whom you're a custodian or legal guardian. Therefore, striking a stranger would just be battery, but punching a sibling could qualify as battery domestic violence. (NRS 33.018)
What are some defenses to Battery Domestic Violence in Nevada?
Since you cannot be convicted of any crime unless the state proves it beyond a reasonable doubt, a criminal defense attorney would try to show that your case has insufficient evidence to warrant a guilty verdict:
Obviously, the easiest battery-DV cases to win have no witnesses or injuries. If there are witnesses, an attorney would try to demonstrate that their testimony is unreliable. If there are injuries, the attorney may try to argue that they were self-inflicted or the result of an unrelated occurrence.
Battery-DV cases may also be dismissed if it can be shown that the battery was an unintentional accident.
What are the penalties for Battery Domestic Violence in Nevada?
If you're convicted of battery domestic violence in Nevada, the penalties you may face depend on your number of past battery-DV cases.
If it's your first or second battery-DV conviction in seven years, then it's just a misdemeanor. The judge may sentence you to up to six months in jail, community service, and a $1,000 fine. The judge may also order up to a year of weekly DV counseling sessions.
However, a third battery-DV conviction is a felony, punishable by up to five years in prison and a $10,000 fine.
Depending on the circumstances of the case, the judge may also require alcohol and drug counseling. (NRS 200.485)
Battery is the deliberate and unlawful use of force on another person, such as hitting, slapping, poisoning, etc.
Battery domestic violence may occur only between people who are or have been related, sexually involved, seriously dating, or living together. This also includes in-laws, co-parents, roommates, and minor children for whom you're a custodian or legal guardian. Therefore, striking a stranger would just be battery, but punching a sibling could qualify as battery domestic violence. (NRS 33.018)
What are some defenses to Battery Domestic Violence in Nevada?
Since you cannot be convicted of any crime unless the state proves it beyond a reasonable doubt, a criminal defense attorney would try to show that your case has insufficient evidence to warrant a guilty verdict:
Obviously, the easiest battery-DV cases to win have no witnesses or injuries. If there are witnesses, an attorney would try to demonstrate that their testimony is unreliable. If there are injuries, the attorney may try to argue that they were self-inflicted or the result of an unrelated occurrence.
Battery-DV cases may also be dismissed if it can be shown that the battery was an unintentional accident.
What are the penalties for Battery Domestic Violence in Nevada?
If you're convicted of battery domestic violence in Nevada, the penalties you may face depend on your number of past battery-DV cases.
If it's your first or second battery-DV conviction in seven years, then it's just a misdemeanor. The judge may sentence you to up to six months in jail, community service, and a $1,000 fine. The judge may also order up to a year of weekly DV counseling sessions.
However, a third battery-DV conviction is a felony, punishable by up to five years in prison and a $10,000 fine.
Depending on the circumstances of the case, the judge may also require alcohol and drug counseling. (NRS 200.485)
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- Las Vegas Criminal Defense Lawyers
- Las Vegas NV criminal defense attorneys with experience fighting battery domestic violence charges.
- City of Las Vegas Domestic Violence Resources
- Information and resources for victims of domestic violence, provided by the city of Las Vegas.
by LVCD
Las Vegas Criminal defense is a Nevada-based law firm that represents clients in all types of misdemeanor, felony and DUI cases.
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