Las Vegas Domestic Violence Attorney

Request a Free Consult: Call

Domestic violence is defined as the act of intentionally harming a family or household member. A "household member" can include a spouse, a boyfriend or girlfriend, a partner, a sibling, parent, child, or roommate. This "harm" can include hitting, shoving, pinching, grabbing and pulling hair, or threats of physical abuse, intimidation, or isolation. Domestic violence charges are some of the most serious allegations you can face, so act now.

Sometimes a domestic violence charge is an entirely false allegation, while at other times it can be an exaggeration. We at the Law Office of David R. Fischer can help you sort out the charges and protect your best interests.

Domestic Violence Conviction Penalties

A conviction for domestic violence can result in all kinds of penalties, including anger management classes, restraining orders, and jail time.

Besides jail time and fines, you will face an unwanted social stigma if you are convicted for domestic violence. Having a conviction on your record can even jeopardize your child custody rights and your career. If you are an immigrant, you may face deportation.

Las Vegas Defense Lawyers on Your Side

We will examine all of the "evidence" against you, from the testimony of the victim and pictures of the injuries to medical reports and any history of domestic violence. Our team works hard to keep you out of jail and keep this charge from your record. As skilled negotiators, we bargain hard to spare you the stress and expenses of a trial.

Nevada Domestic Violence Laws

Under Nevada, law, battery is defined as, “any willful and unlawful use of force or violence upon the person of another.” See NRS 200.481(1)(a).

A mere casual dating relationship, which is not sexual or affectionate in nature, does not fall within the definition of an act of domestic violence in Nevada. If a person is charged with Battery Domestic Violence in Las Vegas, and if the crime alleged is a first offense, it is a misdemeanor charge. This carries a number of potential penalties, including, mandatory jail time, fines and fees, and mandatory counseling. If the allegation is for a second offense, the attorney reviewing the case should look very closely at the alleged prior offense, as the prior offense must: first, have occurred within 7 years immediately preceding or after the alleged offense; and it must be evidenced by a conviction. The prosecutor is statutorily required to prove the enhancement conviction at the time of sentencing, if the enhancement is for a misdemeanor offense. If, however, is for a felony offense, the conviction must be proven up at the preliminary hearing / grand jury proceeding.

How to Fight Domestic Violence Charges

There are number of very good defenses to Battery Domestic Violence charges. Some of the possible defenses include attacking the validity of the prior conviction which the prosecutor intends to use as the basis for filing repeat domestic violence charges. Also, many of these types of allegations involve no independent witnesses, essentially a He Said/She Said situation, which opens these matters open for a number of evidentiary/proof issues, including the victim’s credibility, inconsistent statements about the alleged offense, the accuser's possible motive for leveling allegations or that person's bias against the accused. Finally, there are affirmative defenses, including, self-defense.

Ultimately, the negative implications of a battery domestic violence conviction are very serious and the defense of this type of charge must be treated very serious as well. Even a first offense, misdemeanor allegation will negatively impact a person’s civil rights (firearm purchases, firearm ownership, concealed weapons permit), and it may have immigration consequences. Often times, certain types of employment can be very hard to obtain after a conviction for domestic violence. Finally, a third offense conviction will subject an accused to the possibility of up to five years in the Nevada Department of Corrections, and carry all of harsh consequences of becoming a felon, which means a total loss of one’s basic civil rights (e.g. right to vote, right to bear arms, right to hold public office)