Legal Tips for Defending Against Domestic Violence Charges
In the State of Nevada, domestic violence is a criminal offense that involves committing any of several different criminal acts against a current or former spouse, a blood relation, your child, a current or former boyfriend or girlfriend, or someone with whom you have a child in common. Domestic battery can be charged as a misdemeanor or felony, depending on the circumstances. A conviction for domestic violence may subject you to a lengthy term of imprisonment; however, you may have a viable defense. The criminal defense attorneys at The Vegas Lawyers explain some common legal strategies used when defending against domestic violence charges.
Understanding the Role of the Victim
Before discussing actual defenses, it is important for anyone facing domestic violence charges to understand the role of the alleged victim. The State of Nevada, not the victim, files and pursues criminal charges against a defendant. This means that the alleged victim cannot simply “drop the charges” against you. If the alleged victim chooses (of his or her own accord) not to cooperate with the prosecuting attorney, it may help your defense; however, the alleged victim does not have the power to dismiss the case against you.
Self-Defense/Mutual Combat
Domestic violence charges often stem from a “mutual combat” scenario where both the defendant and the alleged victim were actively combative. To successfully claim self-defense in Nevada, there must have been an urgent threat that caused you to have a reasonable belief that harm was imminent, and your response must have been proportional to the threat.
It Wasn’t Me/It Never Happened
Another common defense strategy can be thought of as the “prove it” defense. The prosecution has the burden of proving your guilt beyond reasonable doubt. Sometimes, the best defense is to force the prosecution to do just that. If there is no evidence of physical injury and/or no evidence that you were present when the victim was injured, the State’s case may boil down to your word against the word of the alleged victim. In that case, maintaining that the alleged victim was not injured and/or that you were not the one who caused the injury may be a winning defense.
It Was an Accident
During a heated argument, you may have unintentionally injured the alleged victim. In that case, you may be able to assert that the alleged victim was accidentally injured. This defense essentially admits that the alleged victim was injured; however, you did not have the required “mens rea” (state of mind) necessary to convict you of a crime.
Legal or Procedural Errors
This encompasses a broad array of things that the police may have done wrong during the investigation or arrest. For example, if the police failed to provide Miranda warnings and then elicited a confession from you, that confession may be inadmissible at trial because your Constitutional rights were violated. Likewise, if law enforcement officers conduct an illegal search, any evidence seized during that search may be excluded at a trial based on a violation of your 4th Amendment right against unreasonable searches and seizures. Procedural errors, such as a break in the evidentiary “chain of custody,” may also be used as the basis of a winning defense strategy in a domestic violence prosecution.
What Should I Do If I Was Charged with Domestic Violence in Las Vegas?
Because the defense strategy employed for your case will depend on the unique facts and circumstances surrounding your arrest, it is in your best interest to consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your defense options. Call us at 702-707-3000 or contact us online.