One of the most common defenses that could get a third domestic violence offense in Las Vegas dismissed is that the defendant was acting in self-defense. Self-defense is a common strategy to deploy because these types of cases often fall under the category of “he said she said”. This is why it’s critical that you have an experienced domestic violence defense attorney fighting for you. Nevada law permits people to fight back against an aggressor as long as the following are true:
1. They reasonably believe it is necessary to avoid imminent injury to themselves or someone else
2. They use no more force than necessary to deflect the attack
Another common defense to a third domestic violence charge is that the “victim” falsely accused the defendant. Especially between those in domestic relationships, this is more common than you might think. Some accusers may even self-inflict injuries before calling 911 in an attempt to back up their allegations and create a narrative against the defendant. Lastly, it can be an effective defense to argue that the incident was just an accident. As long as the defendant did not knowingly touch the victim in an unlawful way, it’s possible to have third domestic violence charges in Nevada dropped with the help of your criminal defense lawyer
Yes. Your previous domestic violence convictions do not have to be from Nevada if you are facing third-degree domestic violence accusations. Nevada can and will use your previous convictions to raise your offense to a Domestic Violence 3rd Felony, regardless of what state the conviction occurred. A conviction for Domestic Violence 3rd has serious repercussions. If you are convicted, you will be sentenced to prison, and the judge will have to sentence you to anywhere from 1 to 5 years in prison, as well as a fine of up to $10,000.
No, you cannot get probation for a third domestic violence offense in Las Vegas. Probation may not be granted in domestic violence cases in Las Vegas or in Nevada. This is codified in NRS 200.485(8)
and does not have any cognizable exceptions. Prosecutors, on the other hand, frequently propose plea deals in which the defendant agrees to plead guilty to battery domestic violence and waives his or her right to a trial in exchange for a lighter sentence.
The prosecution just needs to prove an offensive touching against someone with whom you had a domestic relationship in order to convict you of a third domestic violence offense in Las Vegas. An ex-boyfriend or ex-girlfriend, for example, or a husband or wife, child or stepchild. To be convicted of this crime, all it takes is a simple push or shove with no bodily marks or harm. If you are convicted of domestic violence a third time, and if you are charged with a third domestic violence offense in the future you will face a felony conviction with mandatory jail time.
Yes. In the course of determining whether a custody modification is in the child's best interest, courts must consider and articulate specific findings regarding the non-exhaustive list of best interest factors set forth by statute. Nev. Rev. Stat. § 125.480(4)
(now Nev. Rev. Stat. § 125C.0035(4)
). In making this determination, a court must consider, amongst the factors, whether either parent or any other person seeking child custody
has engaged in an act of domestic violence against the child, a parent of the child, or any other person residing with the child. Nev. Rev. Stat. § 125.480(4)(k)
. Courts must hear all information regarding domestic violence in order to determine the child's best interests. The Legislature has recognized the threat domestic violence poses to a child’s safety and well-being and created a rebuttable presumption to this end: that awarding a parent physical custody is not in the child's best interest if that parent has engaged in acts of domestic violence. Nev. Rev. Stat. § 125.480(5)
Theoretically, they should be, but by direction of the Nevada Attorney General dual arrests are discouraged. Law Enforcement’s responsibility is to identify the primary aggressor (NRS 171.137)
and arrest only that person.
12 Hours. A person arrested for a battery that constitutes domestic violence pursuant to NRS 33.018
must not be admitted to bail sooner than 12 hours after arrest. If the person is admitted to bail more than 12 hours after arrest, without appearing personally before a magistrate or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:
(a) Three thousand dollars, if the person has no previous convictions of battery that constitute domestic violence pursuant to NRS 33.018
and there is no reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation;
(b) Five thousand dollars, if the person has:
(1) No previous convictions of battery that constitute domestic violence pursuant to NRS 33.018
, but there is reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or
(2) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018, but there is no reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or
(c) Fifteen thousand dollars, if the person has:
(1) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 and there is reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or
(2) Two or more previous convictions of battery that constitute domestic violence pursuant to NRS 33.018
Generally No. Domestic violence offenses such as Domestic Battery NRS 200.485
apply equally to juvenile offenders. When a juvenile commits any crime within the state, the Juvenile Court has jurisdiction over the minor and the District Attorney's Office is responsible for the prosecution of those cases. Mandatory arrest policies equally apply to domestic violence cases where a juvenile is the offender. When a juvenile is incarcerated, there is no bail. The juvenile will stay in Juvenile Hall for a minimum of twelve (12) hours as required by NRS 178.484 until he or she is arraigned. The Clark County District Attorney’s Juvenile Division prosecutes a juvenile arrested for a Domestic Violence offense.
Domestic violence offenses are serious alone, but they commonly have related charges added that can enhance penalties. Enacted by NRS 200.471
, one of the most common charges that are related to domestic violence is assault with a deadly weapon. A deadly weapon is any object that can cause substantial bodily harm
or death. Another related charge is domestic violence by strangulation
. Often in domestic violence altercations, there are accusations of the defendant’s hands being on or near the accuser’s neck area. In these cases, the prosecutor may try to tack on a strangulation charge to enhance the potential penalties if convicted. It’s important to remember that if you face one of these related charges, you have a right to a trial by jury. You and your domestic violence defense attorney can combat these accusations and do everything possible to mitigate the consequences.