Domestic violenceoccurs when someone commits certain acts against certain persons – a spouse or former spouse, a relative by blood or marriage, someone with whom the person had or is having a dating relating relation, someone with whom the person has a child, the minor child of a person, or anyone who has been made the custodian or legal guardian of person’s minor child.
Dating relationship also has a specific meaning in the context of domestic violence – frequent, intimate associations primarily involving affectionate or sexual involvement.
Assault, under NRS 200.471, means unlawfully attempting to use physical force against another person or intentionally placing another person in reasonable apprehension of immediate bodily harm. No actual physical contact must made with a person in order for assault to occur: Threatening or attempting to use physical force may be enough. Contact us to review and discuss your case today.
If an attempt to use physical force is made or a person is in reasonable fear that physical force may be used against them, and if the people involved have a relationship that would make assault domestic violence, then assault constituting domestic violence may have occurred. If you are being accused of or charged with assault constituting domestic violence, you should hire the best Las Vegas defense attorneys to represent you through this process.
For a first offense, assault is a misdemeanor charge that could carry up to one year in jail, a $1,000.00 fine, or some combination of them both.
If you have a record and were on probation or parole at the time of an assault constituting domestic violence, the assault charge will be a Category D felony, and you could be facing one to four years in prison, a $5,000.00 fine, or any combination of both a fine and prison time.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
If a deadly weapon is used or accessible during the assault, the penalties become even higher. Instead of a misdemeanor, assault constituting domestic violence is a Category B felony if a deadly weapon is involved, and the sentence you’re facing is one to six years in prison, a $5,000 fine, or some combination of both.
LV Criminal Defense can review and discuss your case with you and give you more details about what potential sentence you are facing.
What happens in a domestic violence case in Nevada? Typically, a domestic violence charge starts when police are called. If police arrive at the scene and determine that a crime has occurred, they must make a police report. They must also determine who the primary aggressor – the person mainly responsible for the domestic violence – and arrest that person within 24 hours when possible. After the primary aggressor is arrested, they must spend a minimum of twelve hours in jail before they can be released.
Once the charges are filed and the case is in court, the first step is the arraignment. At this stage, the person accused of domestic violence pleads guilty, not guilty, or no contest. Your lawyer can explain what these options mean and what the consequences will be.
The next step is the Pretrial Conference. If you pled guilty or no contest, the prosecutor will make a sentencing recommendation to the Judge. The recommendation will be based on the seriousness of the crime, the testimony of the victim, and the defendant’s entire criminal history.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
It is important to know that Nevada does not allow for reduced sentences for domestic violence crimes if the Defendant pleads guilty or no contest. This is different from what you’ve seen in TV and movies, as well as different from other states.
If the defendant refuses the sentencing recommendation and offer at the pretrial conference or pled not guilty at arraignment, the case is set for trial. In this case, the pre-trial phase will include exchanging documents with the prosecution, hiring necessary experts, and preparing the defense(s) for trial.
At trial, the prosecution must prove beyond a reasonable doubt that the assault constituting domestic violence happened, and that the defendant was the perpetrator. There are many ways of attacking the prosecution’s case as well as various defenses, including self-defense, false claims and self-inflicted injuries, and accidents, that can be used. Your lawyer will know these strategies and come up with the best course of action for your trial.
A domestic violence conviction may be removed from your record after seven years for a first or second defense or fifteen years for a felony conviction.
There are other consequences that could be associated with a conviction for assault constituting domestic violence. A conviction may impact your ability to own or possess firearms and could have negative consequences on any custody cases if there are children are involved.
It is important to hire the best Las Vegas Criminal Defense attorneys if you are facing an accusation or charge of assault constituting domestic violence so that you can make sure your rights and freedoms are protected – contact us today to learn more and hire the best attorney around.