This is a serious offense that requires a serious defense. A second-time misdemeanor BDV or Body Domestic Violence conviction that has occurred within seven years of the first offense requires ten days in jail. See: NRS 200.485.
This can disrupt your life and job and place a black mark on your record. It can affect child custody cases as well as family relations. These types of crimes are very common in Las Vegas, and quite frequently innocent people are accused because sometimes how the injuries occurred is he said she said, non-factual, heat-of-the-moment incident.
This is why you need a top-notch attorney who knows how to break down the facts and evidence and present a case that is compelling for your side for the best possible outcome.
What Exactly is Domestic Violence?
To get a better understanding of this crime we have to look at the actual statute. NRS 33.018 reads in part:
Domestic violence occurs when a person commits battery against or upon the person’s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person is or was actually residing, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person’s minor child or any other person who has been appointed the custodian or legal guardian for the person’s minor child.
So, with this, you might be wondering what is battery? It is the actual intentional use of physical force against the alleged victim. Does this mean actual touching? Yes, the definition of the Nevada crime of battery (NRS 200.481) is when a person deliberately touches another person in a violent, aggressive, hostile, or simply unwanted way. As you can see, this definition opens the door to a whole lot of misinterpretation.
A good defense lawyer will get this charge dropped. Call us today to protect your rights.
What if the Injury Was an Accident?
What is scary about the law is that a person can be convicted of battery in Nevada even if the other person does not suffer any visible injuries or even feels pain. All that prosecutors care about is that there was intentional unwanted physical touching. The key here is the word intentional.
Let’s say you were rushing out the door to get away from the other person and you were shutting it behind you and it hit that person causing an injury. You should not be arrested or prosecuted. However, if you stood at the door and slammed it on that other person just as they came to it, then you will be prosecuted because it was intentional. To break your case down to get the law on your side to protect your reputation and livelihood, you should call us today.
We are experts in domestic violence cases and will get you the best results possible.