Domestic Violence

Domestic Violence Attorney in Las Vegas

Defending Nevada Residents Facing Domestic Violence Charges

Being accused of domestic violence can be devastating, as this is a serious charge that can lead to harsh penalties. If you’re concerned about how a domestic violence conviction would affect all aspects of your life, you should contact an experienced criminal defense attorney to discuss your defense options. 

The legal team at ATAC Law LLC has successfully handled many domestic violence cases for clients throughout Nevada, so you can rely on us to give your criminal case the time and focus it deserves as we work toward a favorable outcome. If you’re worried about your case and want some peace of mind before it begins, contact our Las Vegas law office for a free consultation. 

How Does Nevada Law Define Domestic Violence?

Domestic violence usually involves some form of physical confrontation between family members or individuals in a romantic relationship. More specifically, this criminal charge refers to intentional, offensive physical contact between people who have a domestic relationship, according to Nevada law. You could be charged with domestic violence if you’re accused of making unwanted physical contact with one of the following possible domestic violence victims:

  • Your spouse
  • Your former spouse
  • An intimate partner
  • Your minor child
  • Your child’s other parent
  • Your child’s guardian 
  • Anyone related to you by blood or marriage 

While a loud argument might cause neighbors or family members to call the police to report possible domestic violence in your household, it is often one of the people involved in the situation who makes this accusation. In some cases, they might even file a restraining order against you, in addition to the criminal charges you face in the Nevada criminal justice system. This possibility is why it’s essential to speak with a Las Vegas domestic violence attorney as soon as you realize you’ve been accused of a domestic violence offense in this state. 

The following are examples of actions that could be considered domestic violence when the alleged victim is a family member:

  • Assault
  • Battery
  • Sexual assault
  • Stalking
  • Larceny
  • Arson
  • Trespassing
  • Destruction of private property 
  • Burglary
  • Hurting or killing an animal
  • False imprisonment
  • Unlawful entry into their home 
  • Carrying a concealed weapon without a permit 
  • Compelling the alleged victim by force or threat of force to perform an act they don’t want to do

Depending on which acts you’re accused of committing and your domestic relationship with the alleged victim, you could be charged with one of the following offenses that Nevada law considers domestic violence:

  • Spousal abuse
  • Elder abuse
  • Sexual assault
  • Child abuse or neglect
  • Stalking/cyberstalking 
  • Assault or battery charges against a spouse
  • Assault or battery charges against a former spouse 

Regardless of your specific domestic violence charge, you could face severe penalties if your legal case ends in a conviction. If you want to avoid jail time, fines, and other consequences, it’s time to contact a Las Vegas domestic violence defense attorney who can represent you throughout your domestic violence case in Nevada. 

What Are the Penalties of a Domestic Violence Conviction?

If you’re facing domestic violence charges and end up convicted by the court, your legal penalties will likely include fines and jail or community service. Even after you’re done serving your sentence, your conviction could continue to affect your life in additional ways, including your family relationships and career. This possibility is why it’s crucial to hire a Las Vegas domestic violence attorney who will work hard to get your case dismissed, charges reduced, or a not-guilty verdict. 

Your legal penalties will generally depend on whether you already have domestic violence convictions on your criminal record. If this is your first domestic violence charge, it’s a misdemeanor that could be punished with the following:

  • $200 to $1,000 in fines
  • Two days to six months in jail
  • 48 to 120 hours of community service
  • Mandatory domestic violence counseling sessions every week for at least six months, which you must pay for yourself 

If you face domestic violence charges for the second time in seven years, your penalties will be harsher, though this is still a misdemeanor charge in most cases. The penalties for a second domestic violence charge in Nevada include:

  • $500 to $1,000 in fines
  • Ten days to six months in jail
  • 100 to 200 hours of community service
  • Mandatory domestic violence counseling sessions every week for at least 12 months 

If you get a third domestic violence charge within seven years, it’s a Class C felony, and the harsher penalties reflect this. You can expect the following consequences if convicted of this felony offense:

  • Up to $10,000 in fines
  • One to five years in prison
  • Mandatory weekly domestic violence counseling sessions for at least 12 months 

Some Nevada domestic violence charges are considered serious enough to be felonies even when it’s the first criminal charge. For example, if you’re accused of strangling the alleged victim or causing them substantial bodily harm without using a deadly weapon, you face a Category C felony, which can lead to fines up to $15,000 and one to five years in prison. 

If you’re accused of domestic violence with the use of a deadly weapon, either with or without substantial bodily harm, you face a Category B felony. The punishment could include fines up to $10,000 and two to 15 years in prison. If it’s your second or subsequent charge, the penalties could be more serious. Fortunately, skilled domestic violence lawyers can come to your defense to get your misdemeanor or felony charges dismissed or reduced, so contact our Las Vegas law firm today to get started. 

How Can a Nevada Domestic Violence Conviction Affect Your Life?

If you’re convicted of the domestic violence charges you’re currently facing, you’ll likely end up with fines and jail time or community service, depending on your specific domestic violence charge. However, even when you’re done serving your sentence, your conviction could continue to affect your life in various ways. 

For example, while felonies and misdemeanors have different penalties, any kind of conviction for domestic violence in Nevada can strip you of your right to own a firearm forever. You’ll also likely find it challenging to pass a background check when looking for a rental house or apartment, as well as a job. This restriction is especially true if you’re convicted of felony charges in Nevada, but even misdemeanor domestic battery charges can disqualify you from certain housing and career opportunities. 

Your Las Vegas domestic violence conviction could reduce your time with your children, too, especially if you’re involved in a custody dispute. After all, Nevada judges consider the best interests of the children when determining how much time they should spend with each parent, and a battery domestic violence conviction on your criminal record could severely affect your chances of getting custody. Any visitation rights with your children could be revoked or suspended, or at least required to be supervised. 

Additionally, if your family member filed for a protective order or the state successfully got the court to order you to stay away from the supposed victim and your children, you may need to go back to court to fight this before you can legally see your children again. This legal process can take weeks or months to resolve, meaning you could miss out on valuable time with your children. 

Note that the alleged victim cannot force the state to drop your domestic violence charges even if they change their mind after your arrest. This rule means the Nevada Supreme Court can continue to prosecute you for a domestic violence charge despite your family member insisting you’re not guilty of the offense. In fact, law enforcement officers and prosecutors can threaten to put the alleged victim in jail if they don’t cooperate with the investigation during your domestic violence case. This threat might include requiring them to testify against you in court. 

Simply put, a domestic battery charge can affect your life for years to come, which is why it’s critical to fight it right away with the help of experienced criminal defense attorneys. When you contact our Las Vegas law office for legal advice on your domestic battery case, you’ll have a trusted criminal defense attorney by your side throughout the legal process, so we encourage you to call today for a chance to protect your future. 

What Are Some Defense Strategies for Domestic Violence Cases?

Facing domestic battery charges can be scary, but the good news is that you don’t have to deal with them alone. You can hire skilled domestic violence lawyers to create a strong defense strategy based on the circumstances of your case. Once you’ve explained the details of your case during your free consultation, your lawyer will consider the defense options that make the most sense if the goal is to reduce or dismiss domestic violence charges against you. 

There are several legal options that allow you to build a successful defense against domestic violence charges, including the following:

  • Self-defense
  • False accusations
  • Non-intentional injury
  • Lack of evidence

Once your lawyer has a complete understanding of your domestic violence charges, they’ll go over the possible defense options with you. They will then determine which one would lead to the best outcome for your case. 

For example, if there is little to no evidence that you inflicted physical abuse on the supposed victim, the case could be dismissed early on. In most domestic violence cases, victims need to be able to support their accusations with proof, such as police reports, photos of their injuries, medical records, or audio or video footage of physical, emotional, or verbal abuse. If they don’t have any of this evidence, or if your evidence is able to refute their claims, they’ll struggle to prove guilt beyond a reasonable doubt in court. As a result, the case could be dismissed, or you could be found not guilty. 

Another way to defend yourself from domestic violence charges is by proving that any injuries you allegedly inflicted were accidental. After all, domestic violence offenses must be intentional to be considered criminal, so your case could be dismissed if you can prove you unintentionally injured a family member. Your domestic battery lawyer will help gather evidence to prove this during your case. 

Self-defense is also a common defense strategy in domestic violence cases. If you used reasonable force against the supposed victim because you believed this was necessary to protect yourself, you could have been acting in self-defense. For instance, if you shoved your family member to stop them from repeatedly punching or slapping you, and this caused them to become injured, you can claim self-defense during your domestic battery case. 

However, doing so will require significant private investigation. This requirement is because the police routinely look at situations involving multiple combatants and must make a determination as to the original aggressor, or the person who really started the fight. If you believe this is a valid defense against your domestic battery charges, make sure your lawyer knows this and understands how the domestic dispute started so they can advocate for you in court. 

Depending on the facts of your case, your lawyer can claim the allegations were fabricated by the supposed victim. False accusations can occur when a spouse, former partner, or other relative wants to get revenge or gain an advantage during a divorce or other court case. Bringing this to light may help ensure these frivolous charges are dropped so you’re not sentenced to community service, fines, or jail time when you didn’t do anything wrong. 

If you’re interested in finding out how our Las Vegas domestic violence attorneys would handle your case, contact our law firm for a free consultation. You can rest assured that our in-depth understanding of Nevada domestic violence law will help shape the strong defense you deserve in order to fight inaccurate domestic violence charges. 

How Can a Domestic Violence Attorney in Las Vegas Help You?

When family members report domestic violence in Las Vegas, the police must decide who to arrest based on very little information at the scene. It’s no surprise that sometimes they get it wrong and arrest the actual victim, or simply someone who is not guilty of domestic abuse at all. If this is the case for you, keep in mind that a domestic battery charge is not the same as a conviction, so there is still hope that your charges will be dropped as long as you have quality legal representation on your side. 

When you contact ATAC Law LLC for legal support on your Nevada domestic violence case, you’ll speak with caring Las Vegas domestic battery lawyers who understand how important it is to clear your name. We know a domestic violence conviction can result in community service, fines, jail time, child custody complications, and more. These penalties are why we’ll work hard to create a strong defense that can get your domestic battery charge dismissed or at least reduced to a lesser offense, depending on the details of your situation. 

We’ve successfully handled numerous domestic battery cases throughout the Las Vegas area, using our knowledge of criminal law to ensure that anyone falsely accused of domestic violence is able to seek justice through the courts. If you’re ready to seek legal representation from Las Vegas domestic violence lawyers committed to keeping your criminal record free of serious convictions, it’s time to reach out to our legal team to learn more. Call 725-217-4753 today for a free consultation with Las Vegas criminal defense attorneys you can trust