How to Fight False Accusations of Domestic Violence
Although allegations of domestic violence were once considered a “private family matter” and routinely ignored by law enforcement, they are now treated very seriously. A conviction for domestic violence can lead to a term of imprisonment, hefty fines, the loss of civil rights, and the loss of current and future employment opportunities. Being falsely accused of domestic violence can be a life-altering, devastating experience. If you are facing false accusations of domestic violence in Las Vegas, it is crucial to know that an experienced criminal defense attorney can help you successfully fight the accusations made against you.
Understanding Nevada’s Domestic Violence Laws
Under Nevada law, battery is charged as battery domestic violence (BDV) when the alleged victim of a battery has a special relationship with the alleged perpetrator, such as husband and wife or sister and brother. BDV can be charged as a misdemeanor or a felony, depending on the circumstances and whether you have a previous conviction for BVD. Along with the potential judicial consequences of a conviction (jail time, fines, probation), you may also face non-judicial consequences if convicted of BVD, including the loss of employment, the loss of your right to own a firearm, and the loss of unimpeded parenting time if you have minor children.
The Alleged Victim Cannot “Drop the Case”
A common misperception in domestic violence cases is that the easiest way to resolve the case is to have the alleged victim “drop the case.” That is not how the judicial system works. Once the State of Nevada has filed charges against you, only the State of Nevada (through the prosecutor’s office) can dismiss those charges. That is not to say that the alleged victim has no input regarding how the case proceeds; however, he/she does not have the legal authority to dismiss the charges against you.
Common Defense Strategies for False Accusations of Domestic Violence
Unfortunately, the (much-needed) efforts to get law enforcement and the judicial system to take accusations of domestic violence seriously means that false accusations are also taken seriously. The good news is that you have every right to defend yourself against false accusations with the help of an experienced criminal defense attorney. The strategy that you and your attorney employ will depend on the unique facts and circumstances of your case, but may include:
· Alibi evidence: If you are claiming that you were not even with the alleged victim at the time the alleged battery occurred, you might introduce “alibi” evidence proving that claim.
· Witness statements/testimony: When the alleged battery happened around other people, you might get witnesses to testify that you never touched the alleged victim or that he/she was the aggressor, and you were only defending yourself.
· Challenging physical evidence: Sometimes, an alleged victim claims injuries that cannot be proven or use questionable evidence to support the injury claim. Your attorney may challenge the existence and/or reliability of that evidence.
· Providing exculpatory evidence: The prosecution will try and introduce incriminating evidence while your attorney may introduce “exculpatory” evidence. This includes anything that helps rebut the State’s allegations, such as evidence showing injuries you suffered during the incident or evidence proving that the alleged victim received the injuries in another way or at another time.
· Questioning the alleged victim’s credibility: This defense strategy must be used carefully because blaming the victim is not always well-received by a judge or jury. Nevertheless, if the alleged victim has a history of violence, or has made similar false claims in the past, your attorney may decide to challenge his/her credibility.
The Importance of Abiding by Pre-Trial Court Orders
While it does not fall into the category of “defense strategies,” abiding by the pre-trial court orders is a crucial component of a winning defense in a domestic violence prosecution. Typically, the court issues a no-contact order, or limits contact between the defendant and the alleged victim in a BDV case while the case is pending. Do not violate court orders. Not only could you end up back in jail with additional charges filed against you, but it can result in the judge questioning your character and credibility, which can weaken any defense strategy your criminal defense attorney plans to use.
What Should I Do If I Am Facing False Accusations of Domestic Violence in Las Vegas?
If you are facing false accusations of domestic violence in Las Vegas, consult with the experienced Las Vegas criminal defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.