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Have you been charged for Domestic Violence?

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If you’ve been charged with domestic battery, you should know that there are many strong defense arguments that can be made in these types of cases. But you need an experienced Las Vegas domestic battery lawyer to help you tell your side of the story to the court. At Adras & Altig, our dedicated domestic violence attorneys have more than a decade of experience handling these complex cases. We know that there are two sides to every story, and officers who arrive on the scene often make a decision quickly without having all the facts. Our knowledgeable legal team will gather all the evidence so we can build a strong and persuasive defense in your case. We will act quickly to protect your rights, aggressively arguing for charges to be dropped or reduced.

Schedule a free consultation now to discuss your case with our understanding Las Vegas domestic battery lawyers. Our law firm is committed to treating clients with the personalized attention and respect they deserve. We pride ourselves on being available and responsive, so clients are never left wondering what is happening in their case. Contact us today to learn how we can help you.


What Are Common Defenses Against Domestic Battery Charges?

Domestic battery cases are some of the most convoluted cases we handle because there are often so many emotions involved. Many cases come down to “he said, she said,” but with our clients put on the defense because they were the ones ultimately arrested. When we begin investigating your domestic abuse case, we will talk to you about your side of the story and work to gather the evidence that supports that.

Some of the common questions we will ask to determine whether a domestic battery charge was justified include:

  • Was the incident intentional, or was it simply an accident?
  • Were there any injuries during the incident? If so, did anyone take photos of the injuries to document them?
  • Did anyone call 911 to report the incident? (If so, we will want to listen to the tape.)
  • Were you acting in self-defense or trying to defend someone else, such as a child?
  • Who started the fight, and why did it escalate? Did the other person harm you?
  • Did the other person harm herself or himself in an effort to blame you?
  • Did the alleged victim make a false accusation about what happened? (We see this often in cases involving divorcing couples who are in child custody disputes.)
  • Were you simply disciplining your child and the story was twisted?
  • Were there any witnesses to the incident? If so, are they impartial witnesses? (A statement from an impartial witness holds more weight than a statement from someone who clearly favors one side over the other.)
  • Was anyone under the influence of alcohol or drugs?
  • Is the person who is accusing you of battery a reputable source? Is she or he known for lying, exaggerating, or twisting facts?
  • Do you have any mental health issues that may have affected your actions?
  • Do you have an alibi for the time the alleged victim says the incident took place?
  • Did the law enforcement officers have probable cause to arrest you? Did they conduct an illegal search and seizure? Did they read you your Miranda rights?

Anyone who has been involved in a domestic dispute knows how complicated these situations can be. Accusations can fly in the heat of the moment, and one person’s exaggeration or misrepresentation of facts can cause serious legal problems for you.

Because we have dealt with so many of these cases over the years, our seasoned Las Vegas domestic battery attorneys have the knowledge and the resources to build a solid defense against the charges you’re facing. We will work quickly to collect all the evidence or uncover a lack of evidence, so we can begin exposing holes the prosecution’s case.

Call our law office today to schedule a free consultation.

What Is Domestic Battery in Nevada NRS 200.485?

The state of Nevada defines battery as “any willful and unlawful use of force or violence upon the person of another.” Domestic Battery (DB), also known as Battery Domestic Violence (BDV), occurs when the alleged victim is:

  • A spouse or former spouse
  • A person you have a child with
  • A person you are living with (or you used to live with)
  • A person you are dating (or used to date)
  • Your child
  • Any blood relative (or a person you are related to by marriage)

Acts that may be considered domestic battery include (but are not limited to):

  • Hitting or punching
  • Slapping
  • Pushing or shoving
  • Strangling or choking
  • Grabbing
  • Burning
  • Throwing objects
  • Poisoning
  • Biting or pinching
  • Holding someone against his or her will

Because the situations that lead to a domestic battery charge can vary significantly, we will want to discuss all the details of what led up to your arrest. This will help us identify whether mistakes were made and what angles to take in building your defense.

It is important that you do not make any statements to police without talking to our knowledgeable domestic violence attorneys. It is true that anything you say can and will be used against you.

What Are the Penalties for Domestic Battery in Nevada?

The State of Nevada lays out strict penalties for those convicted of domestic battery. Under NRS 200.485, anyone found guilty of domestic battery may face:

First Offense (Misdemeanor)

  • 2 days (minimum) to 6 months (maximum) in jail
  • 48 hours (minimum) to 120 hours (maximum) of community service
  • $200 (minimum) to $1,000 (maximum) fine, plus assessments
  • Domestic violence counseling of 1½ hours per week for 6 months (minimum) to 12 months (maximum), at the defendant’s expense
  • Participation in an alcohol or drug treatment program (at the discretion of the judge)
  • Costs of counseling for underage victims (at the discretion of the judge)

Second Offense Within 7 Years (Misdemeanor)

  • 10 days (minimum) to 6 months (maximum) in jail
  • 100 hours (minimum) to 200 hours (maximum) of community service
  • $500 (minimum) to $1,000 (maximum) fine, plus assessments
  • Domestic violence counseling of 1½ hours per week for a minimum of 12 months, at the defendant’s expense
  • Participation in an alcohol or drug treatment program (at the discretion of the judge)
  • Costs of counseling for underage victims (at the discretion of the judge)

Third Offense Within 7 Years (Category C Felony)

  • 1 year (minimum) to 5 years (maximum) in prison
  • Up to $10,000 in fines (at the discretion of the judge)

If the case involves strangulation, substantial bodily harm, or use of a deadly weapon, penalties for conviction can be worse.

Prosecutors in Nevada take an aggressive stance against defendants charged with domestic violence. So it is crucial that you speak with our experienced Las Vegas domestic battery attorneys as soon as possible to learn about your rights. Schedule a free consultation with our law office today to get started on your domestic violence case.

What If the Other Person Does Not Want to Press Charges in a Domestic Battery Case?

In some instances, the person who accused you of domestic abuse may regret that decision and want to take back what she or he has said. After you’ve been arrested, the person may offer to “drop” the charges.

You should know: A prosecutor is the only one who can drop the charges. Even if the person who originally accused you has a change of heart, the prosecutor has the option of forcing her or him to testify against you.

Is It Possible to Seal a Domestic Battery Record in Nevada?

Yes, it is possible to get your record sealed after a domestic violence conviction. However, you are not eligible for consideration to have your domestic battery record sealed until a certain amount of time has passed from the date your case was closed (including your time on parole or probation). You must wait:

  • 7 years if you were convicted on a misdemeanor domestic battery charge
  • 12 years if you were convicted on a Category C felony domestic battery charge
  • 15 years if you were convicted on a Category B felony domestic battery charge

To discuss your options for sealing your record after a domestic violence conviction, contact our Nevada criminal defense attorneys today. We appreciate the opportunity to give our clients a fresh start in life.

Ready to Talk About Your Case?

If you or a loved one has been arrested on a domestic battery charge, do not wait to talk to our seasoned Las Vegas domestic violence attorneys about your options. A conviction could haunt you for the rest of your life, affecting your employment prospects and other opportunities.

Let our compassionate criminal defense attorneys evaluate your case for free to talk about how we can help you move past this stressful time in your life.

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