Lawyers Dedicated to Defending Your Rights
Our domestic violence lawyers know a charge for domestic battery can seriously impact your life.
You may face jail time, financial penalties, a restraining order, and could even lose your parental rights. Whether or not you were falsely accused, these penalties still carry serious consequences.
Our team of domestic violence lawyers can help you stand up against domestic assault charges in Henderson, Las Vegas, and other cities in Nevada.
Domestic Violence Charges in Nevada
Domestic violence charges usually begin with police being called by someone. The officers normally interview all persons who observed the incident. It appears to be police policy to arrest who they determine is the “primary aggressor” (the person responsible for initiating the domestic violence incident). Those who are arrested typically spend at least 12 hours in jail before being released.
Depending on whether a weapon was used or whether there were serious injuries, what happens after may differ from case to case.
How Our Criminal Defense Lawyers Can Help if You’ve Been Accused of Domestic Violence
Your future is too important to entrust just anyone with your case. Our lawyers strive to win each case by pointing out to the prosecutor the weaknesses of the prosecutor’s case. Depending on the facts of an individual case, it may be possible to negotiate with prosecutors to drop or reduce your charges to something much less serious. You can expect immediate assistance from our legal team in preserving evidence, questioning witnesses, and challenging the state’s theory of the case.
Domestic Violence Legal Process
Arraignment
The arraignment is a short meeting in court. You do not need to attend court for the arraignment if you hire a lawyer to represent you. Your lawyer can appear in court on your behalf and enter a not guilty plea. If you don’t hire a lawyer, you will have to appear yourself. Should you not hire a lawyer and fail to appear at your arraignment, a bench warrant will be issued for your arrest.
Most domestic violence lawyers will advise you to plead not guilty at the arraignment even if the prosecution offers you a deal in exchange for a guilty plea since both sides have not yet seen the evidence. At or shortly after the arraignment, your lawyer will obtain the police reports called “discovery.”
Pretrial Conference
After your attorney has received and reviewed the police reports, he will normally negotiate with the prosecutor emphasizing the weak point is the prosecutor’s case. Next, there will be a Pretrial Conference to inform the Judge as to whether a negotiated resolution has been reached.
The defendant must understand that there is a Nevada statute that does not allow reduced sentences for domestic violence crimes unless the prosecutor admits he or she has a “problem” with the case. For this reason, it is essential that you hire the best Henderson criminal lawyer for your domestic violence defense.
Pre-Trial
The prosecutor and your lawyer will exchange documents during the pre-trial phase, hire experts to testify if needed, and prepare to present your defense at trial. This preparation can give you a powerful advantage when it comes to showing your side of the story in court.
Trial
When the defendant goes to trial, the prosecutor will present evidence to the court showing that the defendant committed domestic battery. Examples of evidence include:
- Testimony of the victim
- Testimony of the police officers and other witnesses
- 911 recordings
- Photographs
- Medical records
In court, the defendant and his attorney have the opportunity to cross examine witnesses, dispute evidence, present evidence favorable to the defendant and demonstrate that the state’s case is weak and that the defendant did not commit the crime.
What Are the Punishments for a Domestic Violence Conviction in Nevada?
Domestic violence charges are taken very seriously by Nevada criminal courts. Depending on the facts of the case, a domestic violence allegation may be charged as a misdemeanor or a felony. You could be facing significant and life-altering consequences including:
- A restraining order
- Jail time
- Child custody and visitation loss
- Loss of your right to own or possess a firearm
- Financial penalties
- Immigration issues and deportation
- Reputational damage
- Mandatory domestic violence classes
- A criminal record which you must disclose when applying for jobs, housing, etc.
Charges of domestic violence can range from misdemeanors to felonies. Depending on the severity of the situation, the prosecution may vary the charges. A skilled attorney will understand how the prosecution thinks and will be able to negotiate to reduce or drop your charges.
What Are the Legal Defenses for a Domestic Violence Charge?
There are many types of legal defenses to criminal charges. The two most common defenses our Henderson criminal defense attorneys utilize for domestic battery and domestic violence are:
False Accusations
Law enforcement personnel take domestic abuse allegations very seriously, and rightly so. In many cases, however, strained relationships, stress, jealousy, alcoholism and drug abuse may drive exaggerated or false claims.
Whenever there is a question of he said, she said, the presence of witnesses and physical evidence can be critical. To get to the bottom of the truth, our domestic violence lawyers will:
- Interview friends and family of the parties
- Run background checks on key witnesses and the accuser
- Examine texts, emails, and social media accounts
- Check witness statements, 911 transcripts, and police reports for discrepancies
Specialized prosecution teams that handle these cases are aware that false accusations are a common occurrence. Often, prosecutors dismiss or reduce charges if your attorney shows them evidence of false accusations or the accuser’s lack of credibility.
Accidental Injury
A prosecutor must prove that the defendant willfully injured the victim. This has to be proven beyond a reasonable doubt. If the injury was accidental, you may be found not guilty.
Our Henderson, Nevada Domestic Violence Lawyers Can Help
Those who have experienced domestic disputes know how complex they can be. You may find yourself in legal trouble if one person exaggerates or misrepresents facts in the heat of the moment. Our team will listen to your story and treat you with respect and dignity.
Over the years, our Henderson domestic violence attorneys have dealt with many of these cases, so we have the experience and resources necessary to build a strong defense against the charges you face. To expose the holes in the prosecution’s case, we will work quickly to gather all the evidence or identify lack of evidence.
Get in touch with our domestic violence lawyers today at (702) 388-1216 to schedule a free consultation.