Domestic Violence Charges in Las Vegas, Nevada
What is Domestic Violence?
Battery domestic violence is one of the most misunderstood and overly charged crimes in Nevada. In many instances the police fail to properly investigate potential witnesses. And often, the defendant is actually the victim.
Battery domestic violence involves violence or abuse between family members, spouses or ex-spouses, or people who live together. Because of the media and political attention that battery domestic violence cases receive, domestic violence is very aggressively investigated and prosecuted by law enforcement.
If you live in Las Vegas and facing domestic violence charges, call us at 702-432-1000 to talk about your case. The initial consultation is always free.
Domestic Violence and Nevada State Law
Under Nevada law, battery domestic violence has two parts under Nevada law:
- An action
- A relationship
An action involved. In most instances, a person’s action becomes a battery in Nevada so when that person touches another person in a harmful / offensive way or touches a person’s personal property. A forceful grab of a purse may be a battery.
A relationship. For a simple battery to rise to the level of domestic violence, the alleged victim must have a relationship with the defendant.
These relationships include:
- Romantic partners
- Immediate family
Only a battery against a person with a relationship with you, can be considered domestic violence.
Types of Domestic Violence: Misdemeanor or Felony?
Battery domestic violence is a misdemeanor in Nevada, but the related charge - battery strangulation - is a felony. The difference is whether a strangulation or chocking occurred.
Domestic Violence Crime and Your Background Check
If you have been convicted of a battery domestic violence, it will appear on your criminal background check. You may seal this charge seven years after the close of the case.
Domestic Violence Penalties
Although battery domestic violence is a misdemeanor, the penalties can be much greater than a simple battery.
|1st Offense||Up to $1,000 in fines, domestic violence counseling up to 1 year, 48 - 120 hours of community service, and at least 2 days and up to 6 months in jail|
|2nd Offense||Up to $1,000 in fines, domestic violence counseling for a 1 year, 100 - 200 hours of community service, and at least 10 days and up to 6 months in jail|
|3rd Offense||Up to $10,000 in fines, 1 -5 years in jail; felony with no probation|
The outcome of a battery domestic violence is case specific. Many of the penalties can be negotiated. To discuss your case call a domestic violence lawyer at 702-432-1000.
Our Negotiating Strength
In Nevada, you have the right to have a lawyer cross-examine those who accuse you of a crime.
The attorneys at Heshmati & Associates have extensive experience cross examining alleged victims. Our experience allows us to present to the court your side of the story and, in doing so, discredit the alleged victim without coming across confrontational or insensitive.
Receiving Two (2) Domestic Violence Charges in One Year
Under Nevada law, if you receive two (2) domestic violence charges within a seven year period, the second will be treated harsher for purposes of sentencing and penalty. So, two domestic violence charges within one year - or seven years - make no difference for the purposes of sentencing.
What Are the Requirements for the House Arrest for Domestic Violence?
In Las Vegas, the house arrest allows a defendant to stay home instead of staying in jail. Requirements for the house arrest include: having a land-line telephone at your house and paying administrative and monitoring fees.
Can You Buy a Gun While on Bail for Domestic Violence?
In Nevada, you may still purchase a gun while you face charges for battery domestic violence. However, if convicted of the domestic violence charge, you may not possess or owning firearms.
If You Got Arrested for Domestic Violence, Do You Have to Tell Your Employer About This Arrest?
No, unless in your Employment Contract you have a duty to self-report. Most individuals do not have a duty to report a criminal arrest to their employer.
If you need more information, call us at 702-432-1000 to speak with a domestic violence lawyer directly.
Las Vegas Hotels & Casinos
The Las Vegas Strip is famous as an amusement park for adults. And, like all amusement parks, the law-enforcement, private security and video surveillance are out-of-sight, but NEVER far away.
Often tourists get into loud arguments in hotel lobbies and hallways thinking that nobody is watching. But they're totally wrong. The world is watching. Las Vegas hotel security or private security hired by a hotel / casino have ample resources available to them to make a battery domestic violence arrest. Many times hotel security gathers evidence for the police and helps to prosecute a battery domestic violence case.
The attorneys at Heshmati & Associates have successfully dismissed countless domestic violence charges in hotels and casinos. If you have been arrested for battery domestic violence while staying at a hotel in Las Vegas, call an attorney at Heshmati & Associates at 702-432-1000 immediately. We are here to help!
We will subpoena the hotel video, security records and logs to help secure your innocence.
Under Nevada law, a domestic violence lawyer can waive the defendant's presence, so there is no need for you to come back to Las Vegas to defend your charge.
The Attorney Can Help
Whether you are charged with battery-domestic violence, simple battery, aggravated battery, aggravated battery with a deadly weapon, or battery with substantial bodily harm - we have skills and experience to defend your case.
Initial consultation is free and confidential.
The attorneys at Heshmati & Associates represent clients in the Las Vegas Valley and the State of Nevada.
Las Vegas Police - The Las Vegas Metropolitan Police Unit investigates abuse at home.