If you were arrested for Domestic Battery in Las Vegas or Clark County, Nevada, contact an experienced criminal defense attorney. James C. Gallo works aggressively to protect his clients from the consequences of a conviction. Although the first offense of domestic battery is considered a misdemeanor, the collateral consequences of this crime of violence are serious.
For instances, NRS 432B.157 and NRS 125C.230 creates a rebuttable presumption that the perpetrator of domestic violence offense is unfit for sole or joint custody of his children.
A person convicted of domestic battery could lose the right to possess a firearm under 18 U.S.C. § 922(g)(9). Under federal law, a person with a domestic battery conviction is forbidden from possessing a firearm. Additionally, a domestic battery conviction would render a noncitizen deportable under federal immigration law.
You should understand that any charge of domestic violence is serious and comes with serious criminal and collateral consequences that last a lifetime. Contact an experienced domestic battery attorney in Las Vegas as early in the case as possible. Call James C. Gallo for a free and confidential consultation to discuss your case.
Contact us whether you are a longtime resident or if you were visiting Las Vegas when arrested. If you were a visitor, we will do everything we can to make this as easy as possible. Call (702) 385-3131 today to set up a free consultation.
Typical Allegations of Domestic Violence
Allegations of domestic violence most often occur between a man and woman living together as a family in an intimate relationship. In the vast majority of these cases, the man is arrested.
If the allegation involves offensive contact such as a push or shove that did not result in any physical injury, then the charges are a misdemeanor. If the allegations involve the use of a deadly weapon or permanent physical injury, then the offense can be charged as a felony.
Under Nevada law, the term "battery" means any willful and unlawful use of force or violence upon the person of another. Any harmful or offensive unconsented touching, however slight, constitutes force or violence upon another the person of another.
Penalties for Domestic Battery in Las Vegas, Nevada
If you are convicted of domestic battery in Las Vegas or Clark County, Nevada, then the maximum penalty for this misdemeanor is 6 months in jail. NRS 200.485(1)(a)(1).
In addition to a maximum penalty of up to 6 months in jail, the other penalties that NRS 200.485(1) imposes are a community-service requirement of not more than 120 hours and a fine of not more than $1,000. The court can also impose a condition that you complete a six month Domestic Violence Counseling Course.
The statutory penalties for a second offense conviction require the individual to perform a full year of counseling, a minimum 10 days in jail, and 100 hours of community service.
The statute for domestic battery and the sentencing guidelines are organized into levels. First and second domestic violence offenses are misdemeanors. Third and subsequent offenses are felonies. The third conviction within seven years requires the Court to impose a sentence of 1 to 5 years in state prison with the Nevada Department of Corrections.
Clark County Courts Hearing Domestic Battery
If it is alleged that the misdemeanor for domestic violence occurred within the City of Las Vegas, then the case is prosecuted by the Las Vegas City Attorney's Office.
If your trial for domestic battery occurs at the Las Vegas Municipal Court it will be held in front of a judge without a jury (often called a bench trial).
If the crime occurred in Henderson, then the Henderson Justice Court will hear the case.
If the domestic battery charges involve a weapon or serious bodily injury, the case will often be prosecuted by the Clark County District Attorney's Office. The District Attorney's Office also prosecutes any misdemeanor domestic battery charges that occur outside the city limits of Mesquite, Boulder, Henderson, North Las Vegas or Las Vegas.
Las Vegas City Attorney's Office - In addition to misdemeanor domestic battery cases, the City Attorney's Office in Las Vegas also prosecutes municipal violations and state law misdemeanor charges such as DUIs, marijuana offenses and traffic offenses that take place within the Las Vegas city limits.City Attorney's Office in Las Vegas
City Hall, 6th Floor
495 S. Main St.
Las Vegas, NV 89101
Finding a Las Vegas Domestic Battery Attorney
If you were charged with domestic battery in Las Vegas, you should understand that the charges are very serious and come with serious collateral consequences that can impact your future long after the case is over.
Domestic Violence cases are prosecuted differently within the separate jurisdictions of Clark County. Municipal Court cases, such as in the City of Las Vegas, City of North Las Vegas, and the City of Henderson are prosecuted much differently than domestic battery cases prosecuted in the Justice Courts of Clark County Nevada.
Act quickly to find the most qualified attorney for your case. Call Gallo Law Office for a free and confidential consultation to discuss the charges and possible defenses to fight those charges.