Domestic Violence And Tourist Arrests
Las Vegas, Nevada
Facing domestic violence charges in Las Vegas
If you are a Las Vegas visitor or a foreign national and arrested for domestic violence, you need to hire a criminal defense attorney to represent you.
We invite you to call us at 702-432-1000 and speak with our criminal defense attorney about your case.
The initial consultation is always free and confidential.
Where do tourists get arrested?
In Las Vegas, most tourist arrests for domestic violence happen in hotels, casinos, on a dance floor of the nightclubs, during summer pool parties, on Las Vegas Strip, gas stations, and shopping malls. Often, these are the places where are:
- Many witnesses,
- Video cameras record the event, and
- Security guards are present.
What makes a case a domestic violence case?
Domestic violence is a charge that requires at least two individuals who are currently in a relationship or had a relationship in the past. It may involve a physical assault. Also, a domestic violence charge often includes, but is not limited to:
- Disturbing peace
- Disorderly conduct
- Damages to a property
Simply speaking, a slap to the face or pushing your significant other (husband, wife, ex-husband, ex-wife, girlfriend, boyfriend, etc.) can be called an act of domestic violence. Throwing objects and spitting at somebody with whom you have previously had a relationship can also be charged as domestic violence. The domestic violence charge may be enhanced, especially n cases involving weapons or when somebody was seriously injured.
Domestic violence punishment:
Misdemeanor or felony?
Domestic violence can be a misdemeanor or a felony, depending on what is involved. In Nevada, statutes NRS 33018 and NRS 200.485 explain most domestic violence charges.
Battery domestic violence:
A misdemeanor charge
1st offense. You are facing::
- A fine of $200 to $1,000;
- A requirement to complete 48 hours to 120 hours of community service;
- Attend weekly counseling for 6 months to a year; and
- Stay out of trouble (which means no new arrests or citations) while your battery domestic violence case is open.
It is important to note that these penalties can be negotiated.
2nd offense. The second time misdemeanor battery domestic violence conviction (within seven years of the first) requires 10 days in jail.
Battery domestic violence:
A felony charge
Suppose you got arrested for the third time for battery domestic violence, and it happened within seven years of the first arrest. In that case, you are facing a felony carrying up to 5 years in Nevada State Prison. And, if the incident involved strangulation, deadly weapons, or substantial bodily harm to the alleged victim, battery domestic violence is an automatic felony, carrying up to 15 years in prison.
How the law is enforced
After the arrest, you will most likely spend a night or 12 hours in jail. That is called a "cooling down period." The theory behind this is that it may take about 12 hours to cool down; the courts are afraid that the arrested person will go back and create more harm.
Posting bail
For domestic violence charges, if the jail does not release a person after the 12-hour cooling down period, then your other option is posting bail (you need to have cash available) or hiring a bond dealer who will post a bond for you.
After being released
When released from jail for domestic violence, the person charged will be handed paperwork with a scheduled “court date.” This paperwork will also include the criminal charges the person is facing. Keep in mind that the court date is subject to change, and also, the court may or may not notify you of the change.
If you don't appear in court for the hearing, a Bench Warrant for your arrest will be issued. This warrant will stay active indefinitely or until you appear in court. This bench warrant will come up during your background check regardless of what U.S. state you live in. The Immigration Services will also see this active warrant for your arrest.
If you are an out-of-town person or a foreign national, please be aware that you can't just ignore this charge and skip town.
If this happens, you need to hire a criminal defense attorney to represent you in court.
Out-of-state visitors
There are many implications of having a domestic violence charge on your record for out-of-state visitors. This charge will come up during your background check and cause endless problems when looking for work, applying to college, renting an apartment, seeking any financial aid, or applying for a mortgage to buy a house.
Foreigners arrested
If you are a foreign national, having a domestic violence charge and an active warrant for your arrest will have serious consequences. The Immigration Service will either deny your entry to the United States or allow you to enter the country and arrest you at the border.
What to do
The right way to handle a domestic violence charge is to hire a criminal defense attorney who can represent you, face the criminal charges, and seal your criminal record.
Record sealing
If your arrest happened in Nevada, a record sealing process must be originated in Nevada. There may be a waiting period to seal your criminal record, depending on the charge.
Our law firm offers record sealing services. This article explains the record sealing process in Las Vegas and Nevada.
We can help
At Heshmati & Associates, we handle domestic violence charges regularly. We don't take all domestic violence cases, but out of the cases we take, we get charges dismissed about 75% of the time. Often our clients do not have to appear in court or fly back to Las Vegas. The attorney can often waive their presence for the first court appearance, especially when the client has no previous criminal record.
Many domestic violence charges can also be negotiated and reduced.
We also provide record sealing services.
Call us at 702-432-1000 with any questions you may have. Our criminal defense attorney could provide a full analysis of your situation and recommend the right course of action.
Our office is in downtown Las Vegas at 515 S. 7th Street Las Vegas, NV 89101.
Walk-ins are welcome.
Heshmati & Associates' law firm represents clients in the Las Vegas Valley and the State of Nevada.
