Las Vegas Domestic Battery Lawyer

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

• At least 2 days, up to 6 months in County or City Jail.
• Fines of $200.00 up to $1,0000 (with court costs the minimum fine is over $300.00).
• At least 48 hours and up to 120 hours of community service.
• Mandatory counseling classes of 1.5 hours per week for 26 weeks (6 months).

Second Offense Battery Domestic Violence Conviction: Misdemeanor

• At least 10 days, up to 6 months in County or City Jail.
• Fines of $500.00 up to $1,0000 (with court costs the minimum fine is over $800.00).
• At least 100 hours and up to 200 hours of community service.
• Mandatory counseling classes of 1.5 hours per week for 52 weeks.

Third Offense Battery Domestic Violence Conviction: Felony

• At least 1 year, up to 5 years in Nevada State Prison.
• Mandatory Prison (not eligible for probation).

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:

• Self-defense
• Accident/lack of intent
• False accusation
• Fabrication or lies made by the “victim”

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:

1. To protect the victim from additional acts of violence committed by the perpetrator;
2. To reduce the exposure and/or possible injury to children or other family members from domestic violence;
3. To deter the perpetrator from committing continued acts of violence in the community and hold him accountable for his actions;
4. To create a general deterrence to domestic violence in the community; and
5. To serve justice.

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:

• Existence and seriousness of the injuries and/or threats;
• Use of a weapon (including furniture or other household objects);
• Any history of violence by either party; • Vulnerability of the victim;
• Presence and proximity of children at the location of the violence;
• Careful determination of the identity of the “primary physical aggressor” (dominant aggressor), if any;
• Potential lethality in the context of the relationship as a whole;
• Strength of the case and the ability to prove the case beyond a reasonable doubt. Where probable cause exists, the filing of criminal charges must be considered.

In the filing determination, prosecutors will, at a minimum, take into account the existence of any of the following types of corroborating evidence:

• Any evidence of physical injury, including photographs;
• Any evidence of a party seeking medical attention, including medical records of injuries;
• Witnesses who observed the incident or the injuries, including competent children;
• Witnesses who heard sounds indicating that violence was taking place, i.e., screams, pounding noises, furniture being thrown, windows breaking;
• Witnesses who had contact with the victim or suspect contemporaneous with or immediately after the incident;
• Audio recordings, including 911 tapes, voice messages, monitored jail telephone calls;

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.