Domestic violence charges are serious business in Nevada. A conviction can result in a substantial fine, prison time, community service, counseling, a restraining order, and more. It can also negatively impact family law matters like divorce and custody, as well as other aspects of your life, including employment opportunities.
If you are facing a domestic violence charge in Clark County, you need an experienced, aggressive criminal defense attorney to represent you. At The Gersten Law Firm, we know the law and also know local law enforcement and court practices and procedures.
Las Vegas criminal defense attorney Joseph Gersten holds a Master of Forensic Sciences degree. He worked for the Intelligence Division of the U.S. Secret Service, as well as the Office of Criminal Investigations at the U.S. Food and Drug Administration. Attorney Gersten will put his extensive criminal defense experience and local knowledge to work in assessing the full circumstances, asserting a forceful defense, and exploring all options for resolving the charges. Call 702.857.8777 or complete our online form to schedule a free initial consultation and case evaluation.
There are a number of different domestic violence crimes in Nevada. The most common is battery that constitutes domestic violence — or battery domestic violence — which includes many types of abuse and many different types relationships.
There are two required legal elements of battery domestic violence. First, the victim and the person charged must be in a familial, intimate, or domestic relationship. Physical violence between friends and neighbors does not qualify as battery domestic violence. Relationships that covered include:
The second required element is “battery,” which means an intentional physical touching in an unwanted, offensive way. Battery charges usually involve allegations of things like hitting, slapping, kicking, pushing, choking, biting, spitting, cutting, burning, or throwing an object that hits the victim.
A first offense of battery domestic violence is a misdemeanor. All subsequent offenses are felonies, with each additional offense increasing in seriousness of degree and severity of penalties. In all instances, penalties include fines, prison time, required counseling, community service, and limitations on other arrests and citations during pendency of the domestic violence charges and penalties. Penalties become more severe with each subsequent offense. Charges involving strangulation, deadly weapons, or substantial bodily harm carry the heaviest penalties.
Nevada law requires the police to investigate all charges of domestic violence. Prosecutors are required to pursue cases, even when a victim recants, if there is sufficient other evidence to prosecute. Judges are not permitted to allow probation in battery domestic violence cases. However, for a first offense, it is sometimes possible for an experienced attorney to negotiate a suspended sentence for a first offense, along with other required penalties.
Every case of battery domestic violence is based specifically on the facts of what occurred. Often, it is difficult to sort out the truth from fiction amid all the allegations, victim and witness statements, statements by the person accused, and police investigation reports. For that reason, having a criminal defense attorney like Joseph Gersten, who has substantial experience in investigation matters and techniques, is extremely important. Depending on the facts of the case, there are several different defense strategies may be available:
In all cases, the prosecutor must prove beyond a reasonable doubt that the person charged intentionally used unlawful force. A defense attorney’s goal is to undermine the prosecutor’s case by conducting a thorough investigation of the facts and asserting a solid defense strategy.
There are often additional charges that accompany a domestic violence charge, including:
Regardless of the charges you are facing in a domestic violence situation, Las Vegas criminal defense attorney Joseph Gersten will thoroughly assess your case and work hard to negotiate the best possible resolution for you. He is just a call away — and your initial consultation and case evaluation are free-of-charge.
A domestic violence record carries a stigma and can also adversely affect your life in many ways, including limiting employment opportunities. In Nevada, a domestic violence record can be sealed by the court under certain circumstances:
If you have a prior domestic violence record and are eligible to have it sealed, attorney Joseph Gersten can help.
Domestic violence charges of any type are not a matter to take lightly or attempt to negotiate by yourself. You need a tough, experienced criminal defense attorney who knows the domestic violence laws, as well as the laws for related offenses. If you are facing a domestic violence charge in Las Vegas, Henderson, or elsewhere in Clark County, Las Vegas attorney Joseph Gersten will discuss and evaluate your case based on his extensive investigative and criminal defense experience. Your initial consultation is free-of-charge. Call 702.857.8777 or complete our online form to schedule an appointment.