Defenses to DV Charges
Defenses to Domestic Violence Charges in Las Vegas
Are you facing charges for battery domestic violence (“BDV”) in Las Vegas? While this is probably a very stressful time for you, it’s important to understand that BDV charges don’t always lead to convictions. That’s especially true for individuals with a solid defense strategy. A skilled criminal defense lawyer will analyze the police report, comb through the evidence, track down witnesses and construct the best defense for your situation.
Generally, the more information you share with your defense attorney, the better. Neglecting to share essential information related to the charge could increase the likelihood of a conviction. While domestic violence is a serious problem and it’s never ok to use violence against another person, the truth of the matter is that people often fabricate evidence or manipulate a situation in order exact revenge through the criminal justice system.
For this reason, if you’re facing these types of charges, take comfort in knowing we’ve handled many cases of this kind and can help you. Listed below are some of the most common defenses to domestic violence charges in Las Vegas.
You Didn’t Commit The Crime
Sometimes, domestic violence victims are impaired by alcohol, drugs, prescription medication, sleep, etc., and are not 100% sure who the offender is.
In these types of situations, a good defense attorney can establish the defendant’s location at the time of the crime, research proof of alibi, and conduct eyewitness interviews.
If the prosecutor can’t prove that you’re the person that committed the crime (beyond a reasonable doubt), it will be very difficult for the prosecutor to obtain a conviction.
The Accuser is Not Being Honest
It can be challenging for a prosecutor, judge, or jury to know whether a “victim” is truthful. If your spouse, partner, or family falsely accuses you of domestic battery, they can face criminal penalties.
A skilled attorney understands how to analyze the facts of the case and point out inconsistencies in testimony. For this reason, it’s very important to have a skilled criminal defense attorney with significant courtroom experience.
It Was Accidental
Suppose you and your spouse are arguing while you’re cutting potatoes with a knife. You raise your hands in anger during the argument, and the knife accidentally slips and injures your spouse.
In that case, your attorney can investigate to ensure the accuracy of your story. However, it can be a risky defense strategy since it requires defendants to admit that they injured their spouses.
It Was Self Defense – Not Domestic Violence
Everyone has the right to reasonably defend themselves or others from dangerous attacks. If you injure your spouse in the act of self-defense, your attorney can help to confirm your testimony by:
- Investigating past reports of domestic violence or violent behavior
- Analyzing your testimony, the police report, and the accuser’s testimony for inconsistencies
- Highlighting injuries suffered as a result of defending yourself
Lack of Evidence
Accusations without sufficient evidence are just that, accusations. If the prosecution doesn’t have enough evidence to get a conviction in court, they may offer a plea bargain instead. In a significant number of cases, this is in fact what ends up happening.
Given that domestic violence cases often involve “he said, she said” situations, it’s important to have an experienced lawyer who can persuade the prosecution to drop domestic battery charges if there is a lack of sufficient evidence.
Investigative errors committed by law enforcement can lead to dropped charges in BDV cases. Common police mistakes include but are not limited to:
- Failure to read “Miranda” rights
- Denied requests for legal representation
- Evidence tampering or missing evidence
- Illegal search and seizure
- Inaccurate police report
Charged With Domestic Violence in Las Vegas? Contact Us Today
A domestic violence conviction can lead to jail time, fines, and loss of certain rights. It can also tarnish your reputation. The good news is that domestic violence charges don’t always necessarily lead to convictions. Working with an experienced and proven criminal defense lawyer in Las Vegas can profoundly impact the outcome of your case.
If you’ve been charged with domestic violence, representing yourself or being underrepresented can be catastrophic. Don’t risk your future when you don’t have to.
Our skilled legal team will fight to ensure you get the least amount of penalties possible under the circumstances. Contact us or give us a call at 702-707-7000 for your free initial consultation today.