Domestic Violence Charges in Las Vegas, Nevada
Domestic violence cases
If you are facing domestic violence charges in Las Vegas, call us at 702-432-1000 to talk about your case. The initial consultation is free.
What is domestic violence?
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.
Battery domestic violence is one of the most misunderstood and overly charged crimes. In many instances, the police fail to investigate potential witnesses properly. And often, the defendant is the victim.
Domestic violence laws
Under Nevada law, battery domestic violence has two parts: a) action and b) a relationship.
An action involved. In most instances, a person's action becomes a battery when that person touches another person in a harmful or offensive way or touches another person's personal property. For example, a forceful grab of a purse may be considered 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 a parent-child relationship, romantic partners, roommates, or immediate family members.
Only a battery against a person with a relationship with you can be considered domestic violence.
Is domestic violence a felony?
Battery domestic violence is a misdemeanor in Nevada, but the related charge of battery strangulation is a felony. The difference is whether strangulation or choking occurred.
Domestic violence crime and your background check
If you have been convicted of battery domestic violence, it will appear on your criminal background check. You may seal this charge after the close of the case and after the waiting period requirements are met. Keep in mind that being charged with domestic violence and being convicted for domestic violence are not the same thing. Often charges are dismissed due to the lack of evidence.
Penalties for domestic violence
Although most of the time, battery domestic violence is a misdemeanor, the penalties can be much higher than a simple battery.
| Offenses | Penalties |
|---|---|
| 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, and many of the penalties can be negotiated.
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 as 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 (7) year period, the second will be treated harsher for purposes of sentencing and penalty. Frequently, in criminal cases, two domestic violence charges within one (1) year or seven (7) years make no difference.
What are the requirements for the House Arrest for domestic violence?
In Las Vegas, house arrest allows a defendant to stay at home instead of staying in jail. Requirements for the house arrest include a) having a land-line telephone at your house and b) 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 own firearms.
If you got arrested for domestic violence, do you have to tell your employer about this arrest?
No, unless your Employment Contract clearly states that you have a duty to self-report. Most individuals do not have an obligation 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. Like all amusement parks, 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 wrong. The world is watching. Las Vegas hotel security or private security hired by a hotel/casino has ample resources to make a battery domestic violence arrest. Many times hotel security collects evidence for the police and helps to prosecute a battery domestic violence case.
If you are from another state
People ask us, "Are there any special rules for domestic violence in Nevada if I am from another state?" The answer is no. Whether you are a Las Vegas resident or not, domestic violence law is the same. No special rules.
The attorneys at Heshmati & Associates have successfully dismissed countless domestic violence charges. If you have been arrested for battery domestic violence while staying at a Las Vegas hotel, call an attorney at Heshmati & Associates at 702-432-1000 immediately.
We will subpoena the hotel video, security records, and logs to help secure your innocence.
Stressful professions & domestic violence charges
Domestic violence cases involving professionals (doctors, nurses, corporate executives, lawyers) can be challenging. For example, a medical professional cannot under any circumstances have a criminal conviction. It will create employment problems and licensing problems.
We have experience dealing with medical licensing agencies and boards. We will communicate with your licensing agency to fulfill your self-reporting obligation.
We can help
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.
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 the skills and experience to defend your case.
Call us at 702-432-1000 with any questions you may have.
The initial consultation is free and confidential.
The attorneys at Heshmati & Associates represent clients in the Las Vegas Valley and the state of Nevada.
