Las Vegas Domestic Violence Attorney
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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.
Why Choose the Law Office of David R. Fischer?
Super Lawyers® (includes top 5% of NV attorneys)
- 10 out of 10 Superb Avvo Rating for professionalism and experience
- We never give up on our clients, going the distance to win
Personalized, one-on-one counsel from your
criminal defense lawyer
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.
Here Are Some More Specific Domestic Violence Penalties:
For a first offense: Up to 6 months in jail and a fine up to $1,000. Other penalties could
include up to 120 hours of community service and weekly counseling sessions.
For a second offense: Up to 6 months in jail and a fine up to $1,000. Other penalties could
include up to 200 hours of community service and weekly counseling sessions.
For a third offense: Up to 5 years in prison and a fine up to $10,000.
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.
Types of Domestic Violence Cases David Fischer Handles
- Misdemeanor battery domestic violence
- Felony battery domestic violence
- Repeat domestic violence offenses
- Offenses involving or allegedly involving a weapon
- Criminal charges that could impact a defendant’s immigration status
We represent clients facing criminal charges for domestic violence, domestic
battery, spousal abuse and similar offenses. When you choose our firm,
you get a criminal defense attorney with:
- Detailed knowledge of how Las Vegas courts handle domestic violence cases
- Direct personal service and a collaborative approach to each case
- Education and communication that lead to informed decision-making
- Honesty and transparency about every case
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).
In order for the battery to be an act of domestic violence, it must occur
when the alleged victim has one of the following relationships to the accused:
- Spouse or former spouse
- Any other person to whom the person is related by blood or marriage
- Any other person with whom the person is or was actually residing
- Any other person with whom the person has had or is having a dating relationship
- Any other person with whom the person has a child in common
- The minor child of any of those persons
- The person’s minor child or any other person who has been appointed
the custodian or legal guardian for the person’s minor child
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
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)