Have you been arrested for battery domestic violence in Nevada? Law enforcement and prosecutors take these charges seriously and will aggressively pursue them. Fortunately, an arrest never automatically guarantees a conviction. There are ways you can protect your rights. The following are five things you should know about battery domestic violence charges in Nevada:
1- You Need to Know How Nevada Defines Battery Domestic Violence
Nevada law broadly defines domestic violence as violence against another person in the context of some sort of intimate relationship. This includes violent acts to any of the following people related to the defendant:
- Spouses or ex-spouses
- Romantic partners
- A co-parent
- Anyone related to you by blood or marriage
- The minor child of any of the people identified above
- Their minor child
- The custodian or legal guardian of their minor child
Battery is defined as the crime of intentionally using force or violence against another person. It includes things like punching, kicking, choking, cutting, and throwing objects at somebody. It’s important to know that you do not have to injure someone to be convicted of battery. Strictly speaking, all you have to do is intentionally and unlawfully touch someone in an unwanted, aggressive, or violent manner.
If you’re found guilty, the potential penalties for battery domestic violence include hefty fines, time in jail, mandatory domestic violence counseling, and community service. Battery domestic violence has mandatory jail time, even for first offenses. To protect your rights and give yourself the best chance of avoiding these penalties, get help from a knowledgeable Nevada criminal defense attorney.
2- You Might Be Able to Get Your Charges Reduced
Being charged with battery domestic violence can be scary and intimidating, but there are many ways to potentially get your charges reduced or dropped. Those methods include:
- Filing a motion to suppress evidence obtained illegally
- Demonstrating that you were acting in self-defense
- Poking holes in the story from the police and the alleged victim
- Negotiating a plea agreement with prosecutors to a lesser crime with less onerous penalties, such as simple battery
3- A Conviction for Battery Domestic Violence Can Impact Your Child Custody Case
Unsurprisingly, family courts do not look fondly on parents with domestic violence convictions on their record. A domestic violence conviction may cause a judge to rule that it is in the best interests of the child not be in the custody of a parent with a battery domestic violence conviction.
4- The Victim Can’t Simply ‘Drop the Charges’
Under Nevada law, police are required to investigate all allegations of domestic violence and make an arrest if warranted. Once an arrest is made, it’s up to the prosecutor to decide if the case goes forward or not. Even if the victim recants and wants the case dropped, the prosecutor can ignore their wishes and press on.
5- Unlike with Other Misdemeanors, You Can Get a Jury in Most Battery Domestic Violence Cases
The Nevada Supreme Court has ruled that criminal defendants are entitled to a jury trial in battery domestic violence cases, even if the crime is charged as a misdemeanor. This ruling makes it currently the only misdemeanor in the State of Nevada where a defendant is entitled to a jury trial.
Pro Tip – Why You Should Contact a Domestic Violence Attorney
With your freedom, your ability to see your children, and more at stake, it’s vital to get help from an experienced domestic battery violence attorney if you are facing these charges. At Adras & Altig Attorney at Law, we have more than 40 years of combined experience helping Nevada residents who are facing serious criminal charges, including battery domestic violence charges. Our collaborative approach means you get the full benefit of our entire team when you hire one of our skilled attorneys. Get a free case evaluation by calling our Las Vegas office or visiting our contact page.
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At Adras & Altig, we believe that every client we work with deserves a fresh start. Our dedicated Las Vegas criminal defense attorneys take the time to get to know you so we can understand the circumstances surrounding your arrest.