Why Hire a Domestic Violence Attorney in Las Vegas?
Being accused of domestic violence can have a negative impact on your relationship with friends, family members, and co-workers. A conviction for domestic violence can have far-reaching and long-lasting negative consequences that go beyond the sentence imposed by the court. The best way to protect your reputation, your freedom, and your future is to have an experienced Las Vegas domestic violence attorney on your side as soon as you realize that you are being accused of domestic violence.
Nevada Domestic Violence Laws
In the State of Nevada, domestic violence is officially referred to as “battery domestic violence” and is governed by NRS 33.018. That statute defines domestic violence as any of several crimes, including battery, committed against someone who has a special relationship with the perpetrator. Battery, under NRS 200.481, is defined as “any willful and unlawful use of force or violence upon the person of another.”
The crime of battery becomes battery domestic violence (BDV) when the alleged victim of a battery is any 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.
Potential Penalties for a Battery Domestic Violence Conviction in Las Vegas
Battery domestic violence (BDV) is charged as a misdemeanor in Nevada if you do not have a previous conviction for BDV within the preceding seven years. If you are convicted of misdemeanor BDV you face up to six months in jail, 48 to 100 hours of community service, six months of counseling, along with fines and costs.
If you have a conviction for BDV within the previous seven years, a second conviction increases the minimum jail time, maximum community service hours, and mandatory counseling time period.
A third BDV within seven years will be charged as a Category B Felony, punishable by one to six years in prison and a fine of up to $5,000.
If there are aggravating factors, such as the presence of a weapon during the commission of the crime, serious injury to the victim, or a pregnant victim, any battery domestic violence can be charged as a felony and be punishable by up to 15 years in prison.
In addition to the judicial sentence imposed by the court, a conviction for BDV will result in the loss of your right to possess a firearm, regardless of whether the charge was a felony or misdemeanor and without regard to whether you are a law enforcement officer or a member of the military. If you are not a U.S. citizen, a BDV conviction can also trigger deportation proceedings or prevent you from qualifying for a change of status.
How Can a Las Vegas Domestic Violence Attorney Help Me?
If you have been charged with battery domestic violence, it is in your best interest to consult with an experienced Las Vegas domestic violence attorney as soon as possible to ensure that your rights are protected, and all defense options are explored.
If you are released from custody pending the outcome of your case, it is imperative that you abide by the no-contact order issued by the court. An experienced Las Vegas domestic violence attorney may be able to help you get that order dismissed; however, while the order is active it is crucial that you do not violate it to avoid a return to custody.
Your Las Vegas domestic violence attorney will discuss the various potential defense strategies available that may be employed to help you avoid a conviction. If a conviction is unavoidable, your attorney can negotiate the most advantageous plea agreement possible in your case.
What Should I Do If I Was Charged with Domestic Violence in Las Vegas?
If you are facing domestic violence charges in Las Vegas, consult with the experienced Las Vegas domestic violence attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.