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Attorney Chandon S. Alexander is a Las Vegas lawyer who is an active member of the National Trial Lawyers Association and has been recognized as one of the Top 10 Attorneys under 40. He is a member of the Clark County Bar Association, American Bar Association, and the Nevada Justice Association.
Domestic violence is an extremely serious issue. Anyone subject to domestic violence has the right to seek justice through the legal system. However, in some cases, claims of domestic violence are false or exaggerated. A domestic violence conviction can be devastating. Not only can it result in strict penalties and fines for the accused, but it can also have a long-term impact on their families. Let us explore some of the key legal aspects of a domestic violence case in Las Vegas, NV.
Domestic violence is defined as the pattern of abusive behavior in any relationship. It is most common between couples, but violence in any relationship can be considered domestic violence.
According to criminal law, domestic violence can occur in one or multiple incidents. This means that even a single act of violence can be legally considered domestic violence. It is important to understand that domestic violence can be physical or psychological. Any psychological abuse, such as threatening to use physical violence or stalking, can be legally considered domestic violence. Here are some common types of abuse that are considered domestic violence:
Physical abuse: Any physically aggressive behavior, including the threat of physical abuse or withholding of physical necessities, is considered domestic violence. This includes different types of abuse such as domestic battery, forcible physical restraint, threatening to cause physical harm or assault, or withholding physical needs such as sleep or meals.
Sexual abuse: Engaging in sexual acts in an exploitative fashion is considered domestic violence. The consent to sexual activity in the past does not automatically qualify for current consent. Sexual abuse also includes sexual assault, sexual coercion, and using sex as a control mechanism.
Emotional abuse and intimidation: This refers to the mental stress and distress caused by any behavior that exploits another person’s insecurity, vulnerability, or character. Common examples of emotional abuse in domestic violence cases include intimidation, degradation, and gaslighting.
Control: Excessively controlling behavior is often considered domestic violence. This type of abuse is often a result of trying to maintain dominance over another person.
Stalking: A person’s behavior is considered stalking if they constantly follow or contact another person causing them to fear for their safety or the safety of a loved one. Stalking can be done in person or via phone or computer.
There are a few other categories of domestic abuse, including verbal abuse, economic abuse, dating violence, and using male privilege.
Unfortunately, a large number of domestic violence allegations in Las Vegas are false. These false allegations are often used as a tool for revenue, gaining sympathy, getting attention, or a threat to another person. They can also be the result of resentment or jealousy. False allegations of domestic violence sometimes happen in child custody cases or divorce proceedings. In some cases, a false allegation is made without any apparent motive whatsoever.
The legal system recognizes the potential of false accusations in Las Vegas domestic violence cases. However, if you have been accused of domestic violence, you may need the expertise of a criminal defense attorney to fight a domestic violence conviction.
In the state of Nevada, domestic violence is a serious accusation, and a conviction can completely disrupt your life and put you in prison. The penalties for domestic violence in Las Vegas depend on several factors, including the type of domestic violence. It is a common misconception to think that battery and assault are the same offense. While they are types of domestic violence, there are some key differences.
According to Nevada law, battery is defined as committing willful and unlawful violence or force on another person. Assault is an action or attempt to use unlawful violence or force on another person.
Assault charges do not require an intention to cause harm, but any attempt has to coincide with action. If the action results in physical harm to the other person, it is a battery charge. There are various types of battery charges, including simple battery, domestic battery, battery with substantial bodily harm, and battery with a deadly weapon.
A domestic violence battery charge can be classified as a category B felony, category C felony, or misdemeanor, depending on the type of battery and facts of the case. If the battery does not cause substantial bodily harm or is not committed upon a person in a protected class, the suspect could be charged with a misdemeanor.
The penalties for assault are typically less strict, but they depend on the prior history of assault and other factors. Generally, domestic assault is a misdemeanor unless it is the third conviction of the accused in the last seven years. In that case, the charge is a category C felony. A standard misdemeanor charge results in up to $1000 in fines and up to six months in jail. If the misdemeanor assault was against a police officer or a protected class member, then the accused could face up to a year in jail and fines up to $2000.
A felony assault charge can have more severe consequences. If the assault was committed with a deadly weapon, that would classify as a felony assault. Felony assault is a category B offense, punishable by up to $5000 in fines and a one to six-year imprisonment.
Each case of domestic violence is different, and so are the domestic violence charges. The penalties for domestic violence can range from minor fines and community service to imprisonment. Some people also get assessments of domestic violence counseling for a specific time. You would need to consult an experienced domestic violence lawyer to understand what penalties you could face for the domestic violence charges.
The alleged victims of domestic violence often seek a restraining order, which prohibits contact between them and the accused. The restraining order contains details about how the two parties need to keep their distance. If the accused is found guilty of violating the restraining order, such as intentionally contacting the alleged victim, it could result in a misdemeanor charge. If the violation involves sexual assault, abuse, stalking, child abuse, or harassment, it could result in more severe charges.
The bail in a domestic violence case in Las Vegas depends on the specific charge. For example, a first-time misdemeanor-level battery domestic violence charge carries a $3000 bail. However, a felony-level battery domestic violence charge can have a $10,000 bail or higher. The most serious charge of battery domestic violence with a deadly weapon can have a bail of $20,000 or more. The factors that affect bail amounts include a prior history of domestic violence and the severity of harm to the alleged victim.
Your defense attorney can request a lower bail or elimination of bail. However, if you can’t afford the bail amount, you would have to hire a bail bondsman or remain in custody until the pending outcome of the case. Once the case is over, the court exonerates the bond, so you get the money back. The bail money is returned regardless of the outcome of the case.
If you are found guilty of domestic violence, you could face strict penalties, including a felony conviction leading to jail time. Your legal defense to the allegations has to be strong for you to avoid the consequences of domestic violence charges.
Self defense is a common defense in domestic violence cases where the defendant claims that their action was a result of trying to defend themselves or others. They have to prove that it was necessary to use force or threaten to use force to protect themselves or others from harm. Self-defense is an effective strategy if you can demonstrate that the other party was in a position to cause you or others harm and that your action was a reasonable response to the situation. For example, if a husband spits on his wife, and she stabs him with a knife, causing him serious injuries, that may be considered an excessive response and not qualify as self-defense.
This is a defense strategy where your lawyer can demonstrate that the alleged domestic violence event did not cause injuries to the victim. Instead, the injuries were self-inflicted. Some people go as far as to self-inflict wounds to falsely accuse the other party of violence. Through the assistance of medical experts and other evidence, a defense attorney can prove that injuries were not caused by their client.
In some cases, an accident can result in injuries to others. According to Nevada law, if someone accidentally injures someone, they are not criminally liable. Of course, they have to prove that it was an accident; otherwise, they could be convicted as a criminal.
Another commonly used defense in domestic violence cases is lack of evidence or intent. If there is no clear evidence, such as a police report or a medical record of physical injury, it can be challenging to prove the allegations. In some cases, there is no physical evidence, but the prosecution relies on the victim’s testimony. However, this may not be enough to prove the allegations. Similarly, lack of motive or intent can also be used to defend against the charges.
If you are in a situation where you are charged with domestic violence and you don’t have the legal grounds to get the charges dismissed, you should consider a plea bargain with the prosecutor. This is the most commonly used option if you have a high likelihood of being convicted.
A plea bargain is an agreement between the defense and prosecutor where the defendant agrees to plead guilty in exchange for a lesser sentence such as community service or smaller fines. If you and the prosecution don’t agree on a plea bargain, the case will continue to trial.
In most cases, a plea bargain has a more favorable outcome compared to losing the case. It can also help minimize the time and expense of trial. The disadvantage is that you are pleading guilty to the charge, so you waive your right to a trial or to reverse the plea deal. You can discuss your legal options with your lawyer to determine if a plea bargain is a good strategy. Your lawyer will assess all the facts of the case and the evidence available to both parties to determine if you should consider a plea bargain.
You can contact us at the Spartacus Law Firm to consult an experienced criminal defense lawyer. Our team has experience in a variety of domestic violence cases, including domestic violence battery. After reviewing the facts of your case, they can guide you on the best legal options to get your domestic violence charges reduced or dismissed. You can learn more about us on our website.
