Domestic Battery Charges and Getting a Lawyer
Everyone has an argument with their spouse, significant other, or another family member.
Sometimes these arguments escalate into physical altercations where the police get involved.
If the police are called to your home for a domestic violence call someone is likely to get arrested.
Domestic violence charges can be filed by the police even if the person who called the police doesn’t want to press charges.
The police will assess the situation and decide at that moment who will go to jail and who will not.
Sometimes both parties involved will be charged but for the most part it is usually one person.
Domestic violence charges in Las Vegas can be very disruptive to you emotionally, financially, and professionally.
If you are charged with domestic violence in Nevada the prosecutors will most likely send the case to trial.
If you are convicted it can result in punishments to include domestic violence counseling required by the court, anger management classes, restraining orders, fines and even jail time.
If you are convicted of certain forms of domestic violence you will have a felony on your record that may be permanent and that can affect you for the rest of your life.
If you have been charged with domestic violence in Las Vegas or anywhere in Nevada then you need to contact a defense attorney immediately.
Call The Defenders for a case review.
This isn’t a traffic court.
You need a defense attorney call today.
Why Call The Defenders
The Defenders offer a free case review.
We will give you a real honest case consultation.
We at The Defenders will use every avenue to get your case dismissed or reduced.
We will use all of our investigative tools to get evidence.
We have years of experience defending domestic violence charges in Las Vegas and Nevada.
Don’t let a public defender handle the domestic violence charge against you as it can affect the rest of your life.
Call an experienced lawyer like The Defenders today.
What is Domestic Battery
Domestic battery is when a person commits battery upon a person that the offender has a personal relationship with either by blood, marriage, or another personal type of relationship.
You can be charged with domestic battery if a battery has occurred on any of the following people in your life:
- Current or former spouse-domestic partner
- A minor child or stepchild living in the home
- A co parent of a minor child
- Any relative by blood or marriage
- Any person living in the same home
If battery is committed on any person above than it is considered domestic battery, otherwise it is just battery ( still a serious crime but very different from domestic battery).
What to do After a Domestic Battery Charge in Las Vegas
Even if you have been charged with domestic violence or domestic battery you still have rights including to defend yourself at trial.
This starts with getting an experienced defense attorney.
Call the defenders today.
The Defenders can take the following steps with you as the client to protect your rights.
- Take pictures of any injuries you may have sustained during the altercation. Maybe this altercation occurred due to self defense. Usually bruises get darker and more visible over time so take pictures over several days to show the progression of the injuries. If you are seriously injured during the altercation ask the police to seek medical attention. This will allow for medical reports to document any injuries you may have sustained. Make sure you provide all photos and reports to The Defenders.
- Sometimes the police will issue a restraining order to the defendant- If you are issued a restraining order DO NOT violate this order. This can be very harmful to your case. A restraining order also known as a no contact order is just that no contact. Restraining orders are very specific about how much space that should be between you and the victim for example you may not come within 500 feet of the victim, the children or the home or work spaces. They will also include no contact via phone, mail or social media. Always follow the restraining order to the letter. Even if the victim in the case attempted to contact you under no circumstances are you to answer or reply. Violating a restraining order can land you in jail even before your trial. If you have an experienced defense team like The Defenders they may be able to amend the restraining order for certain things like visitation with the minor children or to get things from the home. Never do this alone call The Defenders today.
Arrested Due to False Allegations of Domestic Violence
Believe it or not this happens all the time.
Especially when a divorce or child custody battle is happening at the same time.
Below are some circumstances where you can be arrested for false allegations.
The police make the arrest and charge the offender.
Police assume generally that if they are called to a domestic violence call an arrest will be made.
This is usually for safety reasons and to put an end to whatever was going on.
Police will access the scene and arrest someone , usually the male participant, but latlety more and more women are being arrested for domestic violence.
Even if the victim doesn’t want to press charges the police will and can arrest and charge someone for the safety of the victim and the community.
A victim will sometimes exaggerate accusations if the police become involved either to get the person arrested or when both parties are blamed to place the blame more on one person than both parties.
The police will always assess the situation and arrest what they determine to be the more aggressive person in a domestic situation.
Finally, sometimes a person will make completely false accusations against a person out of spite or revenge.
These will most likely be dismissed in the future but they still will be investigated by the police and may even lead to an arrest if believed.
How to Defend a Domestic Battery Charge in Nevada
Never accept any false allegations against you including domestic violence. If you have been falsely accused then you need to hire a defense attorney like The Defenders right away since a domestic violence charge can affect the rest of your life including imigration status, ability to gain employment, ability to own a firearm, and even can include jail time.
If your case goes to trial in Nevada for first or second degree offenses of domestic violence your case will be heard by a judge not a jury trial. The judge will take all evidence into consideration to determine guilt or innocence. The prosecutor has to prove guilt beyond a reasonable doubt. Usually however, judges take a victim’s statement as the absolute truth.
So it’s important to prepare for trial using all possible defenses.
Some common defenses for domestic violence charges in Nevada:
- Self Defense-this is when a defendant was protecting themselves from being attacked by the victim in this case
- Preventive- the battery occurred in anticipation of a perceived attack by the victim who has a history of previous violence toward the defendant
- False accusations- The accusations are completely false and are made up to benefit the victim, for example someone that’s having a custody battle with their ex uses domestic violence charges to hinder another person in the custody battle. Note making false statements about a crime is a felony.
- The battery did not occur at all
When hiring The Defenders we will offer you all options against domestic violence prosecution.
Sometimes domestic violence charges can be dropped for lack of evidence or reduced to a lesser charge like simple battery that is a misdemeanor, or even a breach of peace also a misdemeanor.
These lesser charges or even dismissal are very common in domestic violence cases since most of the time the arguments are based on he said she said.
But only an experienced defense lawyer like The Defenders can get your charges reduced or dismissed.
Never use a public defender in cases of domestic violence, they are way overbooked with cases and have no real interest in your case.