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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.
committed. These relationships generally include current or former family or other household members, individuals who are related by blood or by shared biological parenthood, their own minor child, the child of one of the persons described above, or a child in the care or custody of the persons described above, sexual or intimate partners (including same-sex partners), and any qualified dating relationship. See NRS 33.018.
According to Nevada law (NRS 200.485), “battery domestic violence” (commonly referred to as Domestic Battery or simply “BDV”) is 1) a battery (any force or violence); and 2) within a domestic relationship.
Nevada prosecutors must be able to prove beyond a reasonable doubt these elements before someone can be charged with domestic battery in Nevada. That’s why it’s critical to hire the right Las Vegas domestic battery lawyer to combat the prosecutor’s claims and defend your innocence. While many attorneys may claim they handle domestic violence cases, there is a large difference between handling these cases, and specializing in these cases. The Spartacus Law Firm has an impressive track record defending the people of Las Vegas faced with domestic battery charges and has the experience and resources to do the same for your BDV case.
In the State of Nevada, there are laws that require certain sentences if you are convicted of a crime of Battery Domestic Violence. This means there are minimum sentences if you are convicted, regardless of specific circumstances in your case. It’s also essential to note that for each subsequent domestic battery conviction within a certain time period, the mandatory minimum penalties for a domestic battery charge in Las Vegas are enhanceable, which means the consequences increase. These penalties for each conviction are as follows:
First Offense Battery Domestic Violence Conviction: Misdemeanor
Second Offense Battery Domestic Violence Conviction: Misdemeanor
Third Offense Battery Domestic Violence Conviction: Felony
One of the most important things to remember when being faced with domestic battery charges is that Nevada law prevents a prosecutor from dismissing or reducing your charges unless the crime cannot be proven beyond a reasonable doubt. This means that even if the accuser wants to drop the charges, the request will be denied and the legal process will ensue. At the Spartacus Law Firm, we make it our mission to establish that reasonable doubt and highlight areas of the case that can create doubt in the case. By doing so, it’s very possible to limit or eliminate the consequences you must face. A skilled Las Vegas domestic battery attorney will give you the best chance to overcome these charges and secure an optimal outcome. Possible defenses to domestic battery in Nevada include the following:
On September 12, 2019, the Nevada Supreme Court issued a ruling in Andersen v. Eighth Judicial District Court In And For County Of Clark, 135 Nev. Ad. Op. 42; 448 P.3d 1120 (2019), wherein it held that those charged with battery constituting domestic violence under NRS 200.485(1)(a), and were at risk of losing their gun rights under NRS 202.360, were “entitled to the right to a jury trial.”
The Nevada Supreme Court has recognized that the Second Amendment right to bear arms is a fundamental right: “In District of Columbia v. Heller, 554 U.S. 570, 595, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008), the Supreme Court held that the Second Amendment right to bear arms is a personal right not tethered to any militia. See McDonald v. City of Chi., Ill., 561 U.S. 742, 750, 130 S.Ct. 3020, 177 L.Ed.2d 894 (2010) (holding that the Second Amendment “right is fully applicable to the States”). Hager v. State, 135 Nev. Adv. Op. 34, 447 P.3d 1063, 1067 (2019).
The goals of prosecution in domestic violence cases are:
In determining whether to file charges, which crimes to charge, and whether to charge them as misdemeanors, gross misdemeanors, or felonies, with or without enhancements, the prosecutor will consider and weigh a number of different factors. Initially, the prosecutor will review all the facts of the case in light of the following:
In the filing determination, prosecutors will, at a minimum, take into account the existence of any of the following types of corroborating evidence:
In Nevada, it’s a crime to possess a firearm if you have a previous felony conviction. However, did you know that it’s also a crime to possess or own a firearm if you have been convicted of a domestic violence crime? According to the Lautenberg Amendment, individuals convicted of a misdemeanor crime of domestic violence are banned from owning a firearm.
In fact, this law does not only include a conviction for a domestic violence crime but also includes reduced domestic violence charges. Essentially, even if you receive the optimal outcome in your domestic violence case and have the charges reduced to battery or assault, you are still Federally prohibited by law from possessing a firearm. This law is strict and has no exceptions for military, law enforcement or security employment positions.
If you’ve been accused of a domestic violence crime in Nevada, and you wish to retain your right to own a firearm, it’s critical to avoid any conviction for a crime involving domestic violence. Although these laws are strict, they are not impossible to overcome. Utilizing representation from a skilled and aggressive Las Vegas domestic battery attorney will give you the best chance to avoid a domestic violence charge and retain your second amendment rights.
Additionally, there may be diversionary programs available to first-time domestic violence offenders. Most states, including Nevada, have recognized that low-level offenses, especially those committed by first-time offenders, shouldn’t necessarily trigger the normal criminal-case process. The state of Nevada has acknowledged that counseling, rather than punishment, can often help and provide a more reasonable disciplinary response. If you choose not to take your case to trial, you may be able to secure the dismissal of your claim through participation in a diversionary program.
If you’re willing to participate in counseling and serve a probation-like period with monitoring, you may be able to win dismissal of your claim without taking your case to trial. It’s important to have a skilled lawyer who is able to communicate this option to the court and negotiate on your behalf. When working with the Spartacus Law Firm, our Las Vegas domestic battery defense attorney can help you determine if accepting the offer of a deferral program is in your best interest.
Yes, if you’ve been charged with battery domestic violence in Nevada, you can have your record sealed. However, in order to be eligible to have your domestic battery record sealed, you must wait until a certain amount of time has passed from the date your case was closed.
• 7 years if you were convicted on a misdemeanor domestic battery charge
• 12 years if you were convicted on a Category C felony domestic battery charge
• 15 years if you were convicted on a Category B felony domestic battery charge
The bail amount following a battery domestic violence charge in Nevada varies by court. However, in Las Vegas Justice Court, the bail schedule is:
• First Domestic Battery Charge – $3,000 Bail
• First Domestic Battery Charge – $5,000 Bail
• First Domestic Battery Charge – $15,000 Bail
• Domestic Battery With Deadly Weapon Charge – $20,000
Nevada Revised Statute 178.4851 provides that a court may release a defendant without bail and may impose reasonable conditions in conjunction with the release to ensure future appearances.
1. Upon a showing of good cause, a court may release without bail any person entitled to bail if it appears to the court that he will appear at all times and places ordered by the court.
2. In releasing a person without bail the court may impose such conditions as it deems necessary to ensure that he will appear at all times and places ordered by the court.
3. Upon showing of good cause, a sheriff or chief of police may release without bail any person charged with a misdemeanor pursuant to standards established by a court of competent jurisdiction.
4. Before any person may be released without bail, he must file with the clerk of the court of competent jurisdiction a signed document stating that:
5. A person who has failed to appear after being released, either on a bond or undertaking or without bail, is not eligible for a release without bail.
6. If a jurisdiction incurs any costs in returning a person to the jurisdiction to stand trial, the person failing to appear is responsible for paying those costs as restitution. NRS 178.4853 lists the criteria or conditions for release of a person without bail.
“In deciding whether there is good cause to release a person without bail, the court at a minimum shall consider the following factors concerning the person.
NRS 178.4989 lists additional considerations for a magistrate or judge to consider when determining an appropriate amount for bail.
“If the defendant is admitted to bail, the bail must be set at an amount which, in the judgment of the magistrate, will reasonably ensure the appearance of the defendant and the safety of other persons and of the community, having regard to:
Lastly, NRS 178.499 provides for the increase in the amount of bail should the court deem it necessary or appropriate after hearing actual evidence or should the circumstances warrant it.
The Defendant submits that a release on recognizance is appropriate in this case after weighing the statutory factors regarding the setting of bail. In the case of In the Matter of Jagales, 44 Nev. 370, 371, 195 P. 808, 808-809 (1921) the Nevada Supreme Court held:
“The Constitution provides (Art 1, §6) that excessive bail shall not be required. In reaching a conclusion as to what is reasonable bail, a court should consider that the object of bail is simply to assure the presence of the accused for trial; also, the nature of the offense charged, the penalty which may be inflicted, the probability of the appearance of the accused, his pecuniary condition, his character and reputation, and the circumstances surrounding the case relative to the likelihood of conviction….There are those who deem it proper to fix the bonds of all persons charged with crime in a sum so great as to preclude its being given, but it was the obviation of such a consequence that prompted the provision in our Constitution against excessive bail. In other words, the idea was that the punishment, if there is to by any, should follow conviction, and not both precede and follow it, or be inflicted in spite of possible acquittal.”
The right to reasonable bail is so important that bail may even be set following actual conviction subject only to the right of the judge to determine if the release of the convicted defendant would pose a substantial risk of danger to the community or flight. See In Re Austing, 86 Nev. 798, 477 P2d 873 (1970).
Notably, the Nevada Supreme Court in April of 2020 issued an opinion of Jose Vadez-Jimmenez, 136 Nev., Advance Opinion 20 (April 9, 2020) which has an effect on every in-custody individual and their bail status as well as what the procedures are that are necessary to comply with the bail statutes. The Nevada Supreme Court in Valdez-Jimmenez opined that:
When bail is set at an amount greater than necessary to serve the purposes of bail, it effectively denies the defendant his or her rights under the Nevada Constitution to be “bailable by sufficient sureties” and for bail not to be excessive; Thus, bail may be imposed only where it is necessary to reasonably ensure the defendant’s appearance at court proceedings or to protect the community, including the victim and the victim’s family. Because of the important liberty interest at stake when bail has the effect of detaining an individual pending trial, we hold that a defendant who remains in custody after an arrest is entitled to an individualized hearing at which the State must prove by clear and convincing evidence that bail, rather than less restrictive conditions, is necessary to ensure the defendant’s appearance at future court proceedings or to protect the safety of the community, and the district court must state its findings and reasons for the bail decision on the record.
If you were properly served with a subpoena and willfully fail to appear you can be held in contempt of court pursuant to NRS 174.385. Oftentimes subpoenas are mailed if you were served via registered mail with a return receipt requested you will need to appear on the date and time in question.
If you were served personally by the Marshall or an Investigator with the District Attorney’s Office you will need to appear on the date and time in question.
If you receive a voicemail, business card in your door, were mailed a subpoena via regular mail absent signature confirmation, none of this constitutes valid service and you may have a valid excuse for non-appearance pursuant to NRS 174.385.