Arrested for Domestic Violence? You are not Alone.

On average, nearly 20 people per minute are physically abused by an intimate partner in the United States. In one year, this equates to more than 10 million women and men. ¹

In 2015, the National Domestic Violence Hotline documented 1,791 contacts from Nevada. The state ranks 23 in terms of Hotline contact volume. The Hotline provides Crisis Intervention, Safety Planning, Referrals and, DV Education for these contacts.

Unfortunately, false accusations of domestic violence do occur.  There are a number of reasons someone might want to file a false accusation of domestic violence.

If you have been accused or arrested for domestic violence you need an experienced domestic violence attorney to help you through this process and vindicate your rights.  

 

For a FREE initial consultation, call (702) 660-1234

 

Protect Your Rights - Hire The Right Legal Defense

A domestic violence conviction can have profound effects on your life.  A conviction of a domestic violence offense will remain on your record, and be a searchable public record, for your lifetime, the record of the offense can only be sealed after seven years (Nevada does not provide for expungement of criminal offenses).  Thus, your ability to find work, obtain a professional license, or maintain joint legal custody of your minor children can be significantly impaired if you have a conviction of domestic violence offense.  There are other collateral consequences which might result from a conviction for domestic violence.

Another consequence of a domestic violence conviction is a loss of gun rights.  If you are convicted of a misdemeanor domestic violence charge NRS 200.485 or subject to an extended order of protection for domestic violence in Nevada or subject to a similar order in another state you can lose your right to own or possess a gun pursuant to NRS 202.360(1)(a).

In 2017, the Nevada Legislature altered the regulations regarding domestic violence gun prohibition.  A prohibited person in possession of a firearm because of a misdemeanor domestic violence conviction was previously prosecuted as a misdemeanor offense, it is now a felony which mirrors Federal Law.  

If you have been convicted of a misdemeanor domestic violence offense and are subsequently arrested or indicted for the unlawful possession of a firearm the penalties for such a violation are significant.  The punishment for violating NRS 202.360(1)(a) is a category B felony with a sentencing range of 1-6 years and a $5,000 fine (up to the discretion of the court.  Your misdemeanor domestic violence conviction now subjects you to a serious felony charge which accompanies the potential for significant jail time with a monetary penalty.  The best way to avoid losing your gun rights is to aggressively defend any criminal charges that may result in the loss of your Second Amendment rights.  This is why it is imperative to seek the advice of experienced legal counsel to address your misdemeanor domestic violence charge from the outset of the criminal process.  At the Spartacus Law Firm, we specialize in aggressively defending your rights at every stage of a criminal proceeding.  

It should also be noted that the State can drop the prosecution of a prohibited person in possession of a firearm but the United States Attorney’s Office can prosecute the charge pursuant U.S.C. 922(g).  This law is more commonly known as the Lautenberg Amendment, named after the U.S. Senator who sponsored the bill in Congress.  Under 18 U.S.C. 922(g)(9), you are prohibited from owning, shipping, transporting, or possessing firearms or ammunition if you have been convicted in any court of a "misdemeanor crime of domestic violence."  A violation of 922(g) can result in up to ten years in federal prison.  This law demonstrates the severity of the collateral consequence of a misdemeanor domestic violence charge.  Check out the Bureau of Alcohol, Tobacco, and Firearm’s and Explosives website for a full list of prohibited persons.) (18 U.S.C. § 922(g) (2020).) Identify Prohibited Persons | Bureau of Alcohol, Tobacco, Firearms, and Explosives (atf.gov) 

 

For a FREE initial consultation, call (702) 660-1234

 

All Hope Is Not Lost - Contact a Las Vegas Domestic Violence Lawyer

If you have been falsely accused of domestic violence you are not only the Defendant but the actual victim in the case.  All hope is not lost, in every domestic violence case the prosecutor is required to prove each and every element of the offense beyond a reasonable doubt, and because of collateral consequences of a domestic violence conviction, you now have the right to a jury trial.  The prosecutor must prove that the act occurred and that you had the requisite intent to commit the prohibited act before a jury beyond a reasonable doubt.  Beyond a reasonable doubt is the highest standard of proof within American jurisprudence. 

Most notably, in the case of Amezcua v. Eighth Judicial District Court, 130 Nev. 45, 319 P.3d 602 (2014), the Nevada Supreme Court ruled that a conviction for battery domestic violence was not a serious offense such that the right to a jury trial is triggered.  However, in 2015, the Nevada Legislature passed a law which prohibited firearm ownership for those convicted of domestic violence crimes.  Consequently, the Nevada Supreme Court revisited this issue in the case of Andersen v. Eighth Judicial Dist. Court, 448 P.3d 1120, 2019 Nev. LEXIS 53, 135 Nev. Adv. Rep. 42, 2019 WL 4384133.  In Andersen, the Nevada Supreme Court ruled that the Legislature amended the penalties associated with a conviction under NRS 200.485(1)(a). Specifically, NRS 202.360—a statute that prohibits the possession or control of firearms by certain persons—was amended to criminalize possession or control of a firearm in Nevada by a person who "[h]as been convicted in this State or any other state of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921(a)(33)." 2015 Nev. Stat., ch. 328, § 3(1)(a), at 1782. It is this amendment that distinguishes the instant matter from the ruling in Amezcua and commands the conclusion that misdemeanor domestic battery is a serious offense.

This decision is significant as it gives a defendant accused of a misdemeanor domestic violence offense a right to a trial by jury.  Instead of convincing a judge that a domestic violence offense occurred prosecutors must now convince a jury which is a more arduous task.  If you have been accused of a domestic violence offense you need a skilled trial lawyer who can aggressively litigate the issues on your behalf, call us at the Spartacus Law Firm today to protect your rights.

In addition to having to try the case before a jury, at times, the prosecutor is unable to proceed because they lack the necessary evidence to proceed to trial or the State cannot secure the percipient witnesses (though the State can pursue charges without the consent of the victim).   At Spartacus Law firm, we specialize in bringing the necessary pretrial motions such as motions to suppress or exclude evidence which might prevent the prosecution from bringing its case in chief.  

In every domestic violence case, the police must also follow standards of evidence and protocols.  In some cases where your rights have been violated, the prosecutor may not be able to go forward with the charges because of a breach of criminal procedure which means the case will be dismissed.  Do not lose your rights and reputation because of a false allegation of domestic abuse contact Spartacus Law Firm to protect your rights and your future.

If you need legal advice or representation against false allegations of domestic violence.  Contact the Spartacus Law Firm today at 702-660-1234 for a free consultation to protect your rights.

domestic_violence-2020080709350855.pdf (speakcdn.com)

Ask a Las Vegas Lawyer: What Happens When You Get a Domestic Violence Charge?

couple arguing

Domestic battery or domestic violence is a serious violent crime that is characterized as being committed in the context of an intimate relationship. An assault does not need to be committed by a family member to be considered domestic abuse. So long as the crime was committed by someone with whom the victim shares a known relationship, the incident may be investigated as a domestic dispute. 

Domestic violence involves the use of power, coercion, and violence to control another. The close relationship between the victim and offender often bonds the two together, making it difficult to leave such situations. This crime is recognized by Nevada state law and is prosecutable by law enforcement. If you or someone you know is facing serious legal charges of domestic violence, you need a rigorous Las Vegas domestic violence lawyer on your side to help you reach the most favorable outcome. 

What happens when you get a domestic violence charge?

If convicted of domestic violence charges, you could face serious penalties such as high fines, jail time, and counseling related to the charges. If the accused is found guilty, a mandatory minimum sentence must be served. Depending on whether it was the first, second, or third offense, violators will face more severe charges as their offenses rise, resulting in greater penalties. 

First Offense Battery Domestic Violence Conviction Within 7 Years - Misdemeanor

Second Offense Battery Domestic Violence Conviction Within 7 Years - Misdemeanor

Third (or Subsequent) Offense Battery Domestic Violence Conviction Within 7 Years- Felony

According to Nevada state law under Code section 33.018, domestic violence occurs when a person commits one of the following crimes against an intimate partner:

Is assault the same as domestic violence?

General assault differs from domestic violence in one key way, and that’s the relationship between the victim and perpetrator. Domestic violence cases are classified as such when the accused has an intimate relationship with the defendant, such as being a spouse, relative, or parent. Assault, on the other hand, is the intent or attempt to cause physical harm to someone that is a stranger. In both types of offenses, the intent to harm is considerably taken into account when determining guilt.  

Is a domestic violence charge a felony?

Domestic violence charges can be classified as a misdemeanor or a felony. This decision is usually made dependent on whether the offense is made in the first, second, third, or subsequent degree, but if the results of the offense are severe enough, a first-degree charge may still be classified as a felony. First and second-time offenders of domestic violence can be charged with a misdemeanor, which is a lesser charge than a felony. Third and subsequent offenders will be charged with a Class C felony battery and will be expected to reap the consequences of such actions.  

How Does a Las Vegas Court Case Proceed?

There are multiple steps in the court case proceedings, all of which your Las Vegas attorney will be by your side to represent you. Here are those steps:

Arraignment: 1st Step

The arraignment is the first step in the process. At this hearing, the accused will be formally read their charges. During this time, the person accused of domestic violence will plead guilty, not guilty, or no contest. Pleading “no contest” means that the accused accepts their conviction but refuses to admit guilt. Your Las Vegas lawyer can help you make the most appropriate decision in regards to plea bargaining using the information presented in your case. 

Pretrial Conference: 2nd Step

The pretrial conference varies by case, but the ultimate goal is to settle the case without going to trial. If you plan on pleading guilty or no contest, then your sentence will be recommended by the judge based on the following factors:

Keep in mind that the State of Nevada does not allow reduced sentences for pleading guilty or no contest. The judge will not consider this in the sentencing recommendation and if the defendant refuses the offer made by the prosecution, their case will inherently go to trial. Pleading guilty will also ensure your case is set for trial. 

Pretrial: 3rd Step

The pretrial phase occurs directly before the trial. It gives the prosecutor and the defense time to gather all necessary information that may be useful in pleading their case. Defense lawyers and prosecutors may trade documents, hire experts for testimony, and prepare their defenses.

Trial: 4th Step

During the trial, the prosecutor’s goal is to present as much evidence as possible to the court in an effort to prove the defendant’s guilt of the crime. Some of the evidence that may be presented includes the testimony of the victim, undoctored photos of the domestic violence, medical records of the victim, and 911 recordings. The defendant’s lawyer will then get the chance to show the flaws within the state’s case to prove that their client is innocent using evidence, witness testimony, and more. 

Can you expunge a domestic violence charge?

Domestic violence charges may be expunged in some states such as California. However, states like Nevada, have made it impossible to expunge domestic violence records. With that said, you can have your record sealed which will essentially hide your record from others like potential employers and more. 

To successfully seal your record, speak with your Las Vegas domestic violence lawyer. They will help guide you through the process of sealing your record so you can get back to normal life. 

I am being falsely accused of domestic violence, what do I do?

Domestic violence charges are no small matter and being accused of such a crime in no way determines your guilt. Falsely made allegations of domestic violence can be brought on for a variety of reasons, from an angry spouse trying to lash out, to your partner wanting to gain an advantage in court. Many times, the accusation is very different from what actually happened. As a result, you may have been improperly charged. However, the domestic battery laws in Nevada strongly favor the alleged victim and arrests are often made with little to no evidence. 

In such an instance, you’ll require an aggressive domestic violence legal team to defend your case. A domestic violence lawyer has the knowledge and expertise to undertake false battery charges to keep you from facing unwarranted penalties. They will be able to find all the missing links necessary to prove your innocence and see that justice is served.  

Types of Domestic Violence

There are multiple types of domestic violence that are recognized by the State of Nevada. Some of them include spousal abuse, sexual assault, and child abuse. Learn more about the recognized types of domestic violence below.

Retain The Best Las Vegas Domestic Violence Attorney 

The State of Nevada takes domestic violence very seriously. Cases are prosecuted vigorously, and often leading to steep fines and prison time. To prevent such serious penalties from affecting you, connect with the best Las Vegas domestic violence attorney to represent you. Your domestic violence lawyer will learn all the details of your case so that they can properly approach your situation and reach an appropriate outcome in court. 

At the Spartacus Law Firm, we achieve the maximum results possible for our clients, while striving to meet their personal needs throughout this time of turmoil. If you have been charged with a domestic violence offense, please contact our office for a free consultation.

For a FREE initial consultation, call (702) 660-1234.

What Happens When You Get Arrested? 5 Things To Do If You’re Arrested in Las Vegas

man arrested in las vegas

It’s possible that things may go awry on your Las Vegas vacation. Many people who find themselves facing charges in Las Vegas were simply visiting to have a good time and ended up in a situation where things got out of control. If you find yourself in this situation, it’s important to understand what happens when you get arrested in Las Vegas. 

Some of the most common types of arrests that occur in Las Vegas include Driving Under the Influence (DUI), domestic violence, public intoxication, drug possession, and sex crimes such as solicitation and sexual assault. Much of the time, these charges will be considered a misdemeanor, but more serious charges such as a felony may be faced depending on the circumstances of the case. 

Let’s take a look at what happens when you get arrested in Las Vegas and how a Las Vegas lawyer can help.

Getting Arrested in Las Vegas  

If you’ve never been arrested before, then you’ll probably be scared and unprepared for what’s to come. The Nevada Revised Statute (NRS) 171.104 defines arrest as “the taking of a person into custody” as authorized by law. In Nevada, the police may arrest someone when there is probable cause to believe the suspect committed a crime. 

In some cases, a person may be detained first to determine whether or not they should be taken into police custody. If a person is being detained, they must give their name to identify themselves but are not required to answer any other questions. The detainee may be searched on the scene and any possible threats such as a weapon may be seized at this time to ensure the safety of the public. 

Detentions must be swift and must occur in the location where the police encountered the suspect. If the detainee has been cleared and is not being arrested, they are free to go, but if the detainee is determined to be arrested, they will be handcuffed and taken into police custody as soon as possible.  

The Arrest Process

During the arrest process, the arresting officer will verbally inform the suspect(s) that they are under arrest. The officer will place handcuffs on the suspect(s) which are used to transfer them to the police station where they will be kept in custody. During this time, the arresting officer will also read the suspect(s) their Miranda rights which state that the arrestee has the right to remain silent and has the right to an attorney. Upon arrival at the police station, the arrestee will be booked and processed which includes the taking of their mugshot and fingerprints. Suspects will then remain in police custody until their case has been heard by a judge. 

Most arrestees will be eligible to be released on bail or own recognizance in Nevada. This allows an arrested person to await their hearing outside of police custody under some restrictions. Regardless if bail is granted or not, a court date will be scheduled and the suspect must be present for their arraignment which is a formal reading of their charges. Failure to show up to this court date may result in increased charges, fines, and consequences. 

5 Things To Do If You’re Arrested in Las Vegas

#1 Take Advantage of Your Miranda Rights

Miranda rights, also called Miranda warnings, are a notification that is given by an arresting officer to an arrestee. These warnings are to inform suspects of their Fifth and Sixth Amendment rights which state that you have the right to remain silent, meaning you are not required to answer any interrogating questions, and you have the right to an attorney. Miranda warnings are as follows: 

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you?”

#2 Ask To Speak With a Las Vegas Lawyer

Before speaking with the police, it’s in your best interest to consult with a Las Vegas lawyer to see how you should proceed following your arrest. Your attorney will help you better understand your charges and will be able to assist you throughout your questioning. You have the right to have your lawyer present during the custodial interrogation which can help you avoid making incriminating statements and prevents further legal trouble. 

#3 Seek Bail

The first thing on anyone’s mind who gets arrested is “how am I going to get out of here?”.  Being in police custody is never fun and the goal is to get you out as soon as possible. To do this, you need to be able to post bail. Typically, an arrestee will be eligible for bail and if you are able to meet the requirements of your bail, your Las Vegas lawyer can help you get out of police custody. In order to post bail, one must do one of the following:

#4 Show Up For Court 

After you’ve been arrested, whether you were released on bail or remain in police custody, you are required to show up to the court for your arraignment. This date will be given to you after your arrest and failure to present yourself to this appointment may result in the court issuing an arrest warrant to bring you back into police custody. If this occurs, you will likely face more serious charges and consequences, so it is in your best interest to appear in court on the day they tell you to. 

#5 Seal Your Record 

While Nevada doesn’t expunge criminal records, you can have your records sealed. This will make your record invisible to potential employers, which can greatly improve your employment opportunities. To seal your record, be sure to reach out to your Las Vegas lawyer. They’ll guide you through the steps to seal your record and ensure it gets done properly. 

Contact Las Vegas Lawyers at Spartacus Law Firm 

If you’re a medical professional facing domestic violence, DUI, or other legal charges, connect with the experts at Spartacus Law Firm. Spartacus Law Firm will fight to make sure that your rights are protected and will work aggressively to represent you to avoid penalties, fines, and damage to your career. Contact us today for a free in-person or virtual consultation. We are available 24/7 to assist.

For a FREE initial consultation, call (702) 660-1234.