The Las Vegas Metropolitan Police Department ("LVMPD") treats allegations of domestic violence very seriously. In fact, the Las Vegas Metro Police estimate that they fielded nearly 60,000 calls each year from individuals claiming to be the victims of an assault by someone in their household. In many cases, the policies of these agencies mandate an arrest after the accusation is made, even if the officer has serious doubts about the truth of the allegations. After an arrest, it is wise to seek out the services of a Las Vegas criminal defense attorney as soon as possible.
False or exaggerated allegations could lead to an arrest or charge for domestic violence. In some cases, that false allegation is the only evidence that the crime was committed. False allegations can be made to gain an advantage in a divorce or child custody case. False allegations can also be made out of spite or in an attempt to control another person in a relationship. Both men and women can be accused of this serious offense.
After a false or exaggerated allegation of domestic violence, avoiding a conviction can be critical. Having a domestic violence offense on a person's criminal record could jeopardize his or her future career opportunities and create other long-lasting problems. This type of conviction could also prohibit a person from possessing a firearm. If you have been accused of domestic violence, then contact an experienced attorney immediately.
Lawyer Representation for Domestic Violence in Las Vegas, Nevada
If you have been charged with any act of domestic violence in Las Vegas or the surrounding areas of Clark County, contact an experienced Las Vegas domestic abuse attorney at Gallo Criminal Defense Las Vegas. Your reputation and future are paramount. James C. Gallo can help you protect both.
Attorney James C. Gallo will handle your case. He works hard to understand your concerns and help you find the best way to fight the case at every stage. Never make a statement to law enforcement about the allegation until after you have retained an attorney. Gallo Criminal Defense Las Vegas represents clients throughout Clark County, including Henderson, Boulder City, Mesquite and North Las Vegas. Call (702) 385-3131 or contact him online to schedule a free initial consultation.
Definition of Domestic Violence in Clark County, NV
Under Nevada law, "domestic violence" is defined by the relationship of the victim to the perpetrator, not by the acts committed. In domestic violence cases, these relationships between the parties can include:
- Sexual or intimate partners (including unmarried and LGBT couples);
- Qualified dating relationship;
- People who are related by blood;
- People related by shared biological parenthood;
- People related by their own minor child;
- Current or former family or other household members;
- A parent and child; and
- A child in the care or custody of the people described above.
Because of these unique relationships between the alleged abuser and a victim, the charges can become complicated. In some situations, the victim may want to have the charges dropped. However, when domestic violence is alleged in Nevada, the victim is not able to drop the charges. The prosecutor assigned to the case will investigate and determine if he or she will prosecute the case.
Intimate Partner Violence Offenses and Court Prosecution
Domestic abuse cases rarely involve a single incident. In most cases, the domestic violence is alleged to involve a pattern of behavior. The pattern can involve allegations of physical violence or threats of physical violence, such as hitting, punching, kicking, pinching or inflicting burns. The accusations also could involve emotional and sexual abuse.
Examples of felonies committed in the context of domestic violence can include:
- Battery causing substantial bodily injury;
- Battery with a deadly weapon;
- Assault with a deadly weapon;
- Aggravated stalking;
- Sexual assault;
- Kidnapping;
- Robbery;
- Burglary; and
- Murder;
Several other acts could qualify as domestic violence, depending on the context. Battery, assault, stalking, false imprisonment, brandishing a deadly weapon and harassment all could qualify as misdemeanor domestic violence offenses.
Child abuse, child neglect and child endangerment could be included domestic violence offenses, depending on the relationship between the child and his or her alleged abuser. These allegations could be used when parents of a child are separated or seeking custody. It is important to defend yourself against the charges.
Determining the Primary Aggressor with Law Enforcement Guidance
Many domestic violence cases involve an accusation of mutual combat. In those instances, law enforcement officers make an attempt to determine the “dominant aggressor” or “primary aggressor.” In making that determination, prosecutors will look at the following factors:
- The comparative extent of injuries or serious threats creating a fear of physical injury
- History of domestic violence between the parties involved
- Comparative sizes and vulnerability of the parties involved
- Demeanor of the parties involved, including emotional state
- Any weapons used or threatened for use by either party
- Witness statements
- The environment in which the violence occurred
Additionally, officers will interview the parties and determine if either party makes any claims of self-defense, defense of others, defense of property, coercion or trespass. They also will examine them for the presence of defensive wounds, which could include scratches on a person's face, arms and hands or to the victim's neck in cases involving strangulation.
Penalties Associated with Domestic Abuse in Nevada Court
When a person is convicted of a domestic violence offense, he or she could face various penalties, depending on the severity of the charge and his or her criminal history. Generally, misdemeanor domestic violence offenses could include jail time, fines or both. However, if it is a second offense, the charges could be more severe.
Felony sentences could include years in prison, expensive fines or both. A person also may be required to attend domestic violence counseling or even pay the cost of counseling for another party involved in the offense, including a child.
Victims in domestic violence cases can seek a protective order against his or her alleged abuser. The court-issued order likely would be a temporary order designed to restrict the interaction between the two parties. The alleged victim could file for a permanent order after the temporary one expires. Violating either could lead to criminal charges.
Firearm Possession Prohibition after a Conviction and Right to Trial by Jury
If you are convicted of a misdemeanor domestic violence offense, you will be prohibited from possessing a firearm pursuant to State and Federal law. It is illegal to possess a firearm after conviction of a misdemeanor crime of domestic violence. Because the consequences of a domestic violence conviction affect one's constitutional right to bear arms, the Nevada Supreme Court recently authorized tril by jury for misdemeanor domestic violence allegations.
The prohibition on possessing a firearm applies to any person who has been convicted of such misdemeanors at any time, even if the conviction occurred prior to the new law's effective date. A qualifying misdemeanor domestic violence crime must have as an element the use or attempted use of physical force, or the threatened use of a deadly weapon.
If a person who has been prohibited from possessing a firearm is caught in possession of one, he or she could face additional criminal charges. This could mean jail sentences, expensive fines or various other court-issued sanctions.
Nevada Network Against Domestic Violence - The NNADV provides education, support and advocacy throughout the State of Nevada to organizations that help prevent domestic violence. NNADV provides technical assistance, advocacy training and a resource library to many of Nevada's domestic violence programs and supports Nevada's direct-service organizations that service victims of domestic violence and their families.
Domestic Violence in Las Vegas, Nevada - Visit the official City of Las Vegas website to learn more about how domestic violence cases are investigated and prosecuted in Las Vegas, Clark County, Nevada. Find information on the definition of domestic violence, why charges were filed, whether the case will be prosecuted as a misdemeanor or felony, testifying in court, dropping charges, and safety plans.
Our Intimate Partner Violence Attorneys and Legal Services
At Gallo Criminal Defense Las Vegas, we provide a comprehensive array of legal services dedicated to addressing domestic violence issues. Our team of committed attorneys comprehends the intricate and delicate nature of domestic violence cases and is steadfast in delivering compassionate and effective representation to our clients. Whether you seek protection as a victim or require defense against accusations, we are here to advocate for your rights and navigate every facet of the legal system with you.
1. Protection Orders
Victims of domestic violence often urgently need protection from their abusers. Our attorneys assist clients in obtaining temporary and permanent restraining orders, also known as protection orders or orders of protection. We recognize the critical nature of these situations and act swiftly to safeguard the well-being of our clients and their families.
2. Defense Against Domestic Violence Charges
Accusations of domestic violence can lead to severe repercussions such as criminal charges, restraining orders, and reputational damage. Our seasoned defense attorneys vigorously defend individuals facing these allegations. We conduct meticulous investigations, challenge evidence, and advocate for our clients' innocence or seek mitigated charges to minimize adverse impacts on their lives.
3. Child Custody and Support Issues
Domestic violence cases often intersect with complex family law matters, particularly those involving children. We provide strategic legal counsel to clients navigating child custody, visitation rights, and child support issues in the context of domestic violence. Our priority is to safeguard the best interests of the children while securing equitable outcomes for our clients.
4. Divorce and Separation
Domestic violence frequently influences divorce and separation proceedings. Our attorneys assist clients in initiating divorces or negotiating separations from abusive partners. We manage all aspects of divorce proceedings, including property division, spousal support (alimony), and ensuring the safety and financial stability of our clients post-divorce.
5. Counseling and Support Resources
Beyond legal representation, we recognize the emotional toll of domestic violence on individuals and families. We collaborate with trusted counselors, support groups, and community resources to provide holistic support to our clients. Our objective is to aid clients in healing from their traumatic experiences and rebuilding their lives with dignity and resilience.
6. Emergency Legal Assistance
In situations of immediate danger or urgent legal issues related to domestic violence, we offer emergency legal assistance. Our attorneys are accessible to provide rapid responses and legal guidance to safeguard our clients' safety and protect their legal rights without delay.
7. Comprehensive Legal Guidance
Every case is unique, and we tailor our legal strategies to the specific circumstances of each client. Our attorneys provide clear and comprehensive guidance throughout the legal process, empowering clients to make informed decisions and achieve optimal outcomes in their domestic violence cases.
At Gallo Criminal Defense Las Vegas, we are committed to delivering exceptional legal representation, advocating for justice, and providing community service. Whether you are a victim, defendant, spouse, or concerned party, our team is here to support you through difficult times with unwavering dedication and proven expertise in domestic violence matters.
Frequently Asked Questions (FAQs) About the Criminal Justice System
Here are some FAQs about Domestic Violence Lawyer Las Vegas:
Q. What is the average cost of hiring a domestic violence lawyer in Las Vegas?
The average cost of hiring a domestic violence lawyer in Las Vegas typically ranges from $200 to $500 per hour, depending on the lawyer's experience and the complexity of the case. Some lawyers may offer flat fee arrangements for specific services, which can range from $2,000 to $10,000 or more. It's important to discuss fee structures and payment plans during the initial consultation to understand the potential costs involved.
Q. Can a domestic violence lawyer help with a restraining order?
Yes, a domestic violence lawyer can assist with obtaining restraining orders. They help victims by filing the necessary legal paperwork and representing them in court to ensure their safety. Additionally, they can provide guidance on how to enforce the order and handle any violations.
Q. What are the penalties for domestic violence in Las Vegas?
Penalties for domestic violence in Las Vegas can include fines, mandatory counseling, and jail time. For a first offense, penalties typically range from two days to six months in jail, fines up to $1,000, and mandatory attendance at domestic violence counseling sessions. Repeat offenses or aggravated circumstances can result in harsher penalties, including longer jail sentences and higher fines.
Q. Is it possible to get charges dropped with the help of a domestic violence lawyer?
Yes, it is possible to get domestic violence charges dropped with the help of a skilled lawyer. An experienced attorney can challenge the evidence, identify legal weaknesses in the prosecution's case, and negotiate with prosecutors. While outcomes vary, having a knowledgeable criminal defense lawyer significantly increases the chances of achieving a favorable result.
Q. Can a domestic violence lawyer assist with child custody issues related to the case?
Yes, a domestic violence lawyer can assist with child custody issues related to the case. They can help navigate custody arrangements, address safety concerns, and advocate for the best interests of the children involved, ensuring their well-being is prioritized throughout the legal process.
Q. What should I do if I have been accused of domestic violence?
If you have been accused of domestic violence, it is crucial to seek legal advice from experienced domestic violence attorneys immediately. They can guide you through your legal rights, potential defenses, and steps to protect yourself during the legal process.
Q. What are protection orders, and how can they help in domestic violence cases?
Protection orders, also known as restraining orders or orders of protection, are legal documents issued by the court to protect individuals from domestic violence. They restrict the accused from contacting or approaching the victim. Our domestic violence attorneys can assist in obtaining or challenging these orders as per the Nevada Revised Statutes.
Q. What are the potential consequences of a battery charge related to domestic violence?
A battery charge in the context of domestic violence can lead to severe penalties, including fines, imprisonment, and a tarnished criminal record. It is essential to have skilled defense lawyers who understand the nuances of battery domestic violence charges and can effectively defend your case.
Q. How does the criminal justice system handle domestic violence cases?
Domestic violence cases are treated seriously within the criminal justice system. Prosecutors may pursue charges aggressively, and penalties can vary based on the severity of the offense and prior criminal history. Our domestic violence lawyers have a proven track record of defending clients in the criminal law arena.
Q. What role do witnesses play in domestic violence cases?
Witnesses can provide crucial testimony in domestic violence cases, either supporting the prosecution's allegations or providing evidence for the defense. Our attorneys conduct thorough investigations, including interviewing witnesses and analyzing their statements, to build a strong defense strategy.
Q. Can background checks impact a domestic violence case?
Background checks can influence a domestic violence case by revealing prior criminal history or character references. Our defense lawyers are experienced in handling cases where background checks are a factor and can strategically address any potential challenges.
Q. How can I find the right domestic violence lawyer for my case?
When selecting a domestic violence lawyer, consider their experience in handling domestic battery charges, their familiarity with the Nevada Revised Statutes, and their track record of success in similar cases. It's crucial to choose a lawyer who is dedicated to protecting your rights and achieving the best possible outcome.
Q. What defenses are available in domestic violence cases?
Defenses in domestic violence cases can vary depending on the circumstances. Common defenses may include self-defense, false accusations, lack of evidence, or consent. Our domestic violence attorneys assess each case meticulously to determine the most effective defense strategy tailored to your situation.
Q. What should I expect during the legal process for a domestic violence charge?
The legal process for a domestic violence charge typically involves arraignment, pre-trial motions, negotiations, and possibly a trial. It's essential to have skilled defense lawyers who can navigate each stage effectively and advocate for your rights.
Q. How can Gallo Criminal Defense Las Vegas help with my domestic violence case?
At Gallo Criminal Defense Las Vegas, our domestic violence lawyers offer comprehensive legal services, including defense against battery charges, guidance through the criminal justice system, and strategic advocacy based on our firm's strong track record. Contact us today for a confidential consultation.
Finding an Attorney with Expertise in Domestic Abuse Defense in Clark County
If you were arrested for any domestic violence offense in Las Vegas or the surrounding areas of Clark County, contact an experienced domestic violence attorney at Gallo Criminal Defense Las Vegas. Whether the allegations involve a felony or misdemeanor, James C. Gallo is ready to discuss the facts of the case with you. Call (702) 385-3131 for a free consultation either over the phone or in the office.
Studies show that for nine of the past ten years, Nevada has ranked among the top 10 states for the rate of women killed by men, according to the Violence Policy Center. The center's most recent report, based on 2012 data, ranked Nevada in sixth place out of all the states. Since law enforcement and prosecutors will treat the allegations seriously, you need an attorney that treats your defense just as seriously.
Misdemeanor cases that occur within the City of Las Vegas are prosecuted by the City Attorney's Office while felony cases are prosecuted by the Clark County District Attorney's Office. The Clark County District Attorney's Office also prosecutes misdemeanor cases that occur outside the cities of Las Vegas, North Las Vegas, Henderson, Boulder City and Mesquite. Through every stage of the case of the case, from the arraignment, pre-trial conference through trial, James C. Gallo will fight to protect your rights.