Charged with Domestic Violence?
Call Our Domestic Violence Lawyer For A Free Consultation 702-366-9966
A charge of domestic violence is a grave accusation and it is critical that you take these charges seriously. Your future depends on it. You need a strong defense only an experienced Las Vegas domestic violence lawyer can provide.
A domestic violence charge can be filed when violence is alleged to have taken place against someone you have a relationship with. This includes your spouse, children or stepchildren, unmarried domestic partner, or any other member of your household. Domestic violence laws can also extend to former spouses and former domestic partners.
Misdemeanor Versus Felony
A Las Vegas domestic violence lawyer can seek to reduce any charges against you. If you are facing felony domestic violence charges, it is important to try to have them reduced from a felony charge to a misdemeanor, because the difference in penalties upon conviction are substantial.
A felony battery domestic violence conviction can result in fifteen years in prison. Conversely, a misdemeanor conviction may only carry a penalty of a few days in prison.
The exact sentence will be based on several factors:
- The type of crime (misdemeanor versus felony).
- The extent of the family member’s injuries.
- Whether this is a first or repeat conviction.
Penalties for Domestic Violence Convictions
If you are convicted of Domestic Violence in Nevada, you can face fines and anger management classes as well as jail time. In addition, you face having a conviction on your record which can impact your career and child custody rights.
Penalties for a First Offense Domestic Violence charge in Nevada are decided by the judge and may include:
1. A minimum of 2 days, but not more than 6 months, in jail.
2. A minimum of 48 hours, but not more than 120 hours, of community service.
3. A minimum fine of $200 plus assessments, but not more than $1,000 plus assessments.
4. Participation in weekly domestic violence counseling sessions of not less than 1 ½ hours per week for not less than 6 months, but not more than 12 months, at the defendant’s expense. This must occur through a certified counseling agency registered with the court.
5. $35 domestic violence assessment fee.
To discuss your case, call 702-366-9966 for a free consultation. The attorneys at the Drummond Law Firm have extensive experience defending domestic violence cases in the Las Vegas, Henderson and North Las Vegas area.
Creating a Defense Strategy
With your future on the line, it is important for you to work with an experienced domestic violence lawyer to create a plan for your defense. This will include gathering evidence that will demonstrate your innocence, show you were acting in self-defense, or provide context to what happened. Even if the alleged victim doesn’t want to press charges, that decision is up to the police and prosecutors and not the victim.
Any evidence that can prove your version of events will be invaluable:
- Eyewitness testimony
- Video or audio recordings
- Police report
- Medical evaluations
- Photographic evidence
- Character witnesses
- Evidence based on the specifics of your case
Many people accused of domestic violence want to know if they should accept a plea bargain or go to trial. The answer varies according to the specifics of each situation. Your lawyer will examine the evidence and then make a recommendation for what would be best for your situation. Our attorneys have experience negotiating domestic violence cases. In addition, we aggressively fight for our clients.
In The Military And Charged With Domestic Violence?
Even a first offense misdemeanor domestic violence conviction can affect your ability to own or possess a firearm. This can subsequently have a direct impact on your military service and may trigger an administrative discharge out of the military. Federal law, the Lautenberg Amendment, 18 U.S.C. 922(g)(9), was an amendment to the Gun Control Act of 1968 became effective 30 September 1996. It affects individuals who have received a conviction of domestic violence or who are subject to a restraining order for domestic abuse.
A qualifying conviction consists of two elements;
1) a misdemeanor domestic violence crime, and
2) a conviction for such a crime.
If a servicemember is convicted of a Lautenberg offense they will likely be discharged from the military based on current policy. See Department of Defense Instruction 6400.06. If you are a servicemember chargedwith domestic battery, be careful of agreeing to any deal where the crime of conviction involves any act of violence or force – i.e. simple battery. Any related domestic offense could have severe ramifications on continued military service.
Unfortunately, many attorneys are not aware of the military ramification of a domestic violence conviction and are therefore not able to advise their clients about the direct impact this may have on your career. Attorney Craig Drummond is a former Captain in the U.S. Army JAG Corps and has handled hundreds of cases for his clients that are in the military or are military veterans. Call him today to discuss your case as well as what the criminal charges may mean to your military career.