Domestic violence may be defined as a confrontation between family members, people in a romantic relationship, spouses, ex-spouses, or people who live together. There are particular circumstances that may result in a person facing domestic violence charges in Clark County. Understanding these and how they may affect you will offer you an advantage in approaching your case from the proper standpoint and seeking a positive outcome. If you are charged with domestic violence, contact our Las Vegas domestic violence defense lawyer today and take a few minutes to review the information on our website.
A loud argument may have spurred the neighbors to call the Las Vegas police, resulting in a domestic violence arrest when no physical violence actually occurred. The “victim” may have filed charges or a restraining order against you based upon entirely false accusations. A Las Vegas domestic violence defense lawyer knows an accusation may be waged in the instance that an altercation occurs and may include any acts of:
You could be charged with a domestic violence offense in the following circumstances:
Metropolitan Police Department (LVMPD) Domestic Violence Unit, where detectives will review the evidence and police report to determine whether to submit the case for prosecution.
LVMPD Domestic Violence Unit detectives may also investigate reports of alleged violations of protective orders, stalking, harassment, or destruction of private property.
Generally, a defendant will face misdemeanor domestic violence charges for battery committed without the use of a deadly weapon or when the injuries are not severe or permanent. The maximum penalties for misdemeanor domestic violence include up to 180 days in county jail and/or a fine of up to $1,000. The City Attorney’s Office prosecutes misdemeanor domestic violence charges; the Clark County District Attorney’s Office prosecutes felony charges.
Domestic violence allegations can have lasting effects on your freedom, your family, your rights and your future. If you are convicted of this serious criminal offense, you may face imprisonment in county jail or state prison, as well as heavy fines, probation, community service and other penalties. The alleged victim may also request a restraining order against you, prohibiting you from contacting or coming within a certain distance of the victim and possibly your children, as well. You may lose custody of your children and your visitation rights may be revoked or suspended.
Get information regarding penalties that may be imposed, what defenses may apply, the different types of related offenses and how an attorney can help by reading below:
Although false accusations may be waged against an innocent party by a bitter or spiteful spouse, it is imperative that the defendant is able to adequately defend themselves against these charges. A conviction of domestic abuse charges can bring lifelong consequences, including the stigma of being labeled a “batterer,” the difficulty in finding future employment, and the possible loss of custody.
Why should you involve an attorney to handle your domestic violence charges? Whether formal charges have been filed against you at this point, you will be in danger of harsh criminal penalties and other serious consequences if you are eventually found guilty of domestic violence. Nevada, like all states, has adopted aggressive, unrelenting tactics in investigating and prosecuting those accused of domestic abuse of any kind. A skilled criminal defense attorney may be your only line of defense against an altogether bleak future.
If you are accused of domestic violence, there are several serious situations you will have to deal with. The alleged victim may seek a temporary protective order, without your knowledge and without even giving you an opportunity to defend yourself until the order has already been issued. This may temporarily prohibit you from coming into contact with or even within a certain distance of the alleged victim and even any children you share with the victim. You may be in danger of being arrested and may face imprisonment, fines, community service, counseling and probation if you are convicted.
A lawyer experienced in challenging domestic violence charges in Las Vegas can help you in the face of a temporary protective order and can work to ensure that an extended protective order is not put in its place. An attorney can also get to work immediately in defending your legal rights in criminal court, building a compelling case that will help you avoid a conviction for a misdemeanor or felony offense of this kind.
It is important to turn to a domestic violence attorney in Las Vegas with the knowledge and skill to fight these allegations. In the face of domestic violence accusations or charges, you need a legal professional to aggressively assert your rights and work swiftly to utilize the legal system in your favor. Our family has been practicing law in Nevada for over 20 years, and our attorneys have more than 40 years of combined experience. We have the skill and resources needed to accurately evaluate your charges and build a powerful defense. Call De Castroverde Law Group at (702) 222-9999 or fill out our online contact form today!
De Castroverde Law Group has helped countless clients defend against serious charges, including:
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It is important to turn to a domestic violence attorney in Las Vegas with the knowledge and skill to fight allegations.
De Castroverde Law Group is dedicated to helping someone like you. Someone who has been criminally charged, who has been arrested or someone who knows that they are under criminal investigation. These are frightening scenarios and are usually accompanied by high levels of stress. If you find that you are in a situation similar to this, we highly encourage you to look around our site. Your Las Vegas criminal attorney can do the following:
Understanding the criminal trial procedures and overall process is crucial when you have been charged in Las Vegas. A trial may seem tidy on television shows, but it is usually a long and technical process which can take months or even years to resolve. There are many aspects to a trial, the first of which is deciding whether the defense wants the trial to be done by judge or jury. If it is to be done by jury, the selection process, known as “voir dire,” consists of the prosecution and defense asking questions to potential jurors.
In a trial, surprises are not allowed. Witnesses must be submitted beforehand, and both parties given the opportunity to question them. Any relevant evidence must also be submitted beforehand and agreed upon by the judge and opponent. Witnesses and evidence can be deliberated, as one party is allowed to argue against something being allowed in trial.
Cross-examination of witnesses happens next, and your lawyer can question the validity of their claims. If they feel that the prosecution has not produced enough evidence to convince a jury of guilt, they can move to have the trial dismissed. If that is not granted, then the defense will have the opportunity to show inaccuracies in the prosecution’s case. After all of this, each side presents closing arguments, and the jury is given instructions before the deliberate everything they have heard. The final step is verdict and, if necessary, sentencing.
Defense strategy in a Las Vegas court will depend on the type of crime and the circumstances surrounding it. As with all criminal cases, there is a presumption of innocence until guilt is proven through trial or a plea. The presumption of innocence is the basis of a not guilty plea, in which your attorney will procure evidence and witnesses to build your case.
This is done to convince the jury that there is reasonable doubt about your guilt. It’s not enough for a jury to just think that you did it; the evidence has to be almost overwhelming. If it’s applicable, you and your lawyer will use the alibi defense. If the crime occurred at a certain time or place, and you can provide evidence that you weren’t there. For example, if the crime happened between 9:00 and 11:00 pm, but you were at a movie, a ticket stub or the receipt for your popcorn could absolve you of guilt.
Unless you have been arrested after already being released from prison or are currently serving a suspended sentence, you will likely be admitted to bail. Bail is a dollar amount necessary to be released from prison after an arrest, and is determined by the judge of magistrate. This release is temporary, and is usually also made under the condition that you will appear in court.
Bail is set based on the nature and severity of the offense for which you are accused. Another thing that the judge considers is the likelihood that you will attempt to leave town or break the law again should you not be in prison. A “bail algorithm” is used which considers several other factors, such as age, health, criminal history and record of failing to appear in court, if one exists. This is done to avoid any accusation of bias against or towards the defendant.
The magistrate has the authority to set a bail amount as they see fit. A person arrested for drunk driving will have their bail determined by how far over the legal limit they were, whether they caused an accident and whether there are any injuries. For all other crimes – from petty theft to murder and everything in between – the bail will be set by a judge. The amount of bail for domestic violence or battery is predetermined by Nevada state law, and depends on whether you saw a judge or magistrate and how long after the crime you were admitted:
$3,000 – If the person has no prior arrests and there’s no reason to believe that the battery caused significant bodily harm and is admitted less than 12 hours after the crime. If it’s been more than 12 hours, violating a restraining order, stalking or harassment would also receive this bail amount.
$5,000 – If it’s been less than 12 hours: no previous convictions but the battery caused significant harm, or they have one previous conviction of domestic violence but didn’t cause significant harm. If it’s been more than 12 hours: previous conviction of violating a restraining order, stalking or harassment.
$15,000 – If it’s been less than 12 hours: one previous conviction of domestic violence and they caused significant harm, or two previous battery convictions. More than 12 hours: two or more previous convictions of harassment, stalking or violating a restraining order.
Many factors are considered when choosing whether to release someone without bail, such as whether conditions outside of prison will still prevent someone from attempting to flee, as well as employment history, criminal history and mental state. If you fail to appear in court or commit a crime while on bail, then you will be held in prison.
No matter the crime for which you have been arrested, you are entitled to fair and just treatment under federal law. The American Civil Liberties Union (ACLU) outlines all of the rights you as an inmate would have:
Freedom of speech and religion – You still have the right to communicate with family and the outside world, as well as send and receive mail. The latter is subject to the institution’s need to protect security, and assuming there is no security risk are not allowed to be confiscated.
Medical and mental health care – All of your needs in this regard have to be met. Whether it’s something simple such as asthma and you need your inhaler or something that could be fatal if left unmedicated, you have a right to sustain your health.
Cruel, inhuman and degrading conditions – This pertains to many things: overcrowding, violence or abuse and mistreatment based on race, gender or religion are against the law.
If you have been incarcerated and you feel your rights in any regard have been violated, seek counsel from an experience attorney. Constitutional rights are extended to all citizens no matter what, so if these protections aren’t afforded to you by the prison officers, you have a right to a lawsuit.