Can Domestic Violence Charges Be Dropped in Nevada?
If you have been accused of domestic battery in Nevada, you may be wondering “can domestic violence charges be dropped” in Nevada. While it is possible to have domestic violence charges dropped, you should not count on that happening. Instead, you should take the accusations made against you seriously and prepare a strong legal defense because you may face significant negative consequences if convicted of domestic battery.
What Qualifies as Domestic Battery in Nevada?
Domestic violence, officially referred to as “battery domestic violence (BDV)” in the State of Nevada, is governed by NRS 33.018 which defines domestic violence as any of several crimes, including battery, assault, sexual battery, and stalking committed against someone who has a special relationship with the alleged perpetrator, meaning that the alleged victim is one of the following:
• Spouse or former spouse.
• Any other person to whom the perpetrator is related by blood or marriage.
• Any other person with whom the perpetrator has had or is having a dating relationship.
• Any other person with whom the perpetrator has a child in common.
• The minor child of any of the above-mentioned people.
• The perpetrator’s minor child or a child for whom the perpetrator has been appointed to be the legal guardian.
Battery, under Nevada law, is defined as “any willful and unlawful use of force or violence upon the person of another.” Assault is defined as “unlawfully attempting to use physical force against another person or intentionally placing another person in reasonable apprehension of immediate bodily harm.”
Can Domestic Violence Charges Be Dropped in Nevada?
A common misconception is that the alleged victim in a domestic violence case can simply “drop the charges.” In reality, only the State of Nevada, through the prosecuting attorney’s office, can dismiss criminal charges once they have been filed.
Although the alleged victim may have called the police or made a complaint that resulted in charges being filed, it is the State of Nevada that prosecutes all criminal cases, not the alleged victim. As such, unless the prosecutor believes that there is insufficient evidence to get a conviction, the case will proceed.
Knowing that victims of domestic violence may recant their stories for various reasons, including financial dependence on the abuser and fear of retaliation by the abuser, the law makes it very clear that a domestic violence prosecution can move forward with or without the cooperation of the alleged victim.
Can Domestic violence Charged Be Reduced in Nevada?
Along with the possibility of a jail sentence and hefty fines, a conviction for battery domestic violence (BDV) can disqualify you for certain employment opportunities, prevent you from purchasing or carrying a firearm, and negatively impact your parental rights. If it is apparent that the prosecution is not going to dismiss the charges against you, your attorney may be able to work out a guilty plea agreement that reduces the charges to simple battery or disorderly conduct. While the goal is to prevent a conviction, there is less stigma attached to a conviction for simple battery or disorderly conduct and such a conviction cannot be used as the basis to file aggravated charges against you in the future, as is the base with a BDV conviction.
Are There Defenses to a Battery Domestic Violence Charge in Nevada?
If you have been accused of domestic violence in Las Vegas, it is crucial to remember that an allegation does not equal a conviction. An experienced domestic violence defense attorney at The Vegas Lawyers can discuss the State’s case and work with you to develop a successful defense strategy which may include:
• False allegations: This typically involves evidence suggesting that the alleged victim had ulterior motives when he/she made the accusations and/or that he/she is unreliable.
• Self-defense: This involves showing that the alleged victim initiated the altercation, and you were only defending yourself.
• Police misconduct: If the police acted illegally or in violation of your rights, evidence obtained against you may be inadmissible.
• Insufficient evidence: Because the prosecution is required to prove your guilt beyond a reasonable doubt, your best defense may be to simply highlight that the State has failed to meet its burden.
• Lack of intent: If you accidentally injured the alleged victim, you lacked the intent necessary to be convicted of a crime.
What Should I Do If I Need Help with Domestic Violence Charges in Las Vegas?
If you have been charged with domestic violence in Las Vegas, consult with a criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.