A Quick Guide to Getting Domestic Violence Charges Dropped
Being charged with domestic violence can be an overwhelming experience, particularly if the allegations are false or exaggerated. Not only can a conviction for domestic violence result in a term of imprisonment and hefty fines, but it could also negatively impact employment and housing opportunities as well as custody and parenting time with minor children. Working with an experienced criminal defense attorney is the key to getting domestic violence charges dropped in Las Vegas.
Domestic Violence Laws in Nevada
In the State of Nevada, domestic violence is officially charged as “battery domestic violence (BDV) when there is a close relationship between the alleged perpetrator and victim, such as a dating or a familial relationship. A first-time BDV without aggravating circumstances (such as serious bodily injury) is charged as a misdemeanor; however, BVD can be elevated to a felony for repeat offenders or when the victim suffered serious injury.
Why Is It Important to Avoid Conviction for Domestic Violence?
Of course, it is always wise to try and avoid any criminal conviction; however, it can be particularly important to avoid being convicted of domestic violence given the repercussions of a conviction. Even a conviction for misdemeanor BVD can lead to jail time, mandatory counseling, and significant non-judicial consequences. Prospective employers and landlords may disqualify you if they see a conviction for BVD in your criminal history. You could also lose your right to vote, own a firearm, and even change your immigration status with a conviction for BVD. Worse still, a BVD conviction can interfere with your custodial or parental rights if you are the parent of a minor child, and you are going through (or have gone through) a divorce.
Strategies for Getting Domestic Violence Charges Dropped
- If you have been charged with battery domestic violence in Nevada, it is imperative that you hire an experienced criminal defense attorney to ensure that you present the best possible defense. Contrary to popular belief, the alleged victim in a BDV case cannot simply “drop the charges.” Although the alleged victim is an integral part of the State’s case against you, the State of Nevada is prosecuting the case, not the victim. As such, only the State of Nevada can dismiss the charges. The tactics and strategies employed by your defense attorney will depend on the unique details of your case, but may include any of the following:
- Exclusions of evidence: If any of the evidence that the State plans to use against you was obtained illegally, your attorney may be able to get the evidence excluded from trial. For example, if evidence was obtained during a warrantless search and seizure or during questioning that violated your 5th Amendment rights, that evidence may not be used against you at trial. Your attorney will file a pre-trial motion that, if granted, could result in the State dropping the charges.
- Burden of proof: The State has the burden of proving that you are guilty beyond a reasonable doubt. Sometimes, the State’s evidence is clearly insufficient to meet its burden. In a BDV case, this often happens when the alleged victim wants to recant, meaning that he/she is no longer willing to testify against you. Your attorney may be able to point out the weakness in the State’s case and get the charge dismissed.
- Exculpatory evidence: Although you are not required to present a defense, you may have exculpatory evidence that proves you are not guilty. For example, you might have a video or neutral witnesses who saw the alleged assault and are willing to testify that you did not assault the alleged victim. If such evidence exists, your attorney may be able to present it to the State and get the charges dismissed.
- Challenge the victim’s credibility: While it is crucial to be careful not to attack the alleged victim, a victim who lacks credibility can be the key to getting domestic violence charges dismissed. Talk to your attorney if you have evidence that brings the alleged victim’s character or credibility into question.
What Should I Do If I Was Charged with Domestic Violence in Las Vegas?
If you have been charged with 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.