LV Criminal Attorney regularly represents people charged with all types of crimes throughout Clark County and Southern Nevada, including Domestic violence. Anyone facing criminal charges for Domestic violence needs an experienced Las Vegas criminal defense attorney from LV Criminal Attorney to assist them. We can help by offering premium representation for any type of criminal charge— a misdemeanor or felony where the consequences for you are literally life or death.
The criminal attorneys at LV Criminal Attorney realize how terrifying it can be to have your liberty threatened. Our team of attorneys will fight for your freedom and protect your Constitutional rights throughout the court process. We will seek the best outcome possible for you based on the circumstances of your case.
A criminal conviction has long-lasting effects on your life. You will have many questions arise during your criminal case. Do not worry. We are here to answer those questions for you.
The experienced attorneys at LV Criminal Attorney can navigate the criminal justice system for you. And we will also serve as your partner through this challenging time as we guide you through all aspects of your criminal case.
An attorney from LV Criminal Attorney can be the legal advocate you need to achieve your desired results in a criminal case. We will work tirelessly to protect your freedom, Constitutional rights, and seek justice for those wrongly accused of a crime.
The criminal division of LV Criminal Attorney provides knowledgeable, expert advice, and competent representation for you.
Domestic violence Law in Nevada
The criminal attorneys at LV Criminal Attorney are experienced at representing clients facing charges of Domestic violence in Clark County and Nevada.
In order to convict some of the crime of Domestic violence, the prosecution must prove the following:
Domestic violence occurs when a person commits one of the following acts 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 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:
(a) A battery.
2. The provisions of this section do not apply to:
(a) Siblings, except those siblings who are in a custodial or guardianship relationship with each other; or
(b) Cousins, except those cousins who are in a custodial or guardianship relationship with each other.
3. As used in this section, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.
1. Unless a greater penalty is provided pursuant to subsections 2 to 5, inclusive, or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:
(a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
Ê The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 20 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
Ê The person shall be further punished by a fine of not less than $500, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must not be less than 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
(c) For the third offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.
HOW DOES THE COURT PROCESS WORK?
Misdemeanor crimes, including Domestic violence, are prosecuted by city prosecutors. Each city in Clark County prosecutes misdemeanors crimes such as Domestic violence that occur in their city. For example, the City of North Las Vegas prosecutes misdemeanors that happen in North Las Vegas while the City of Las Vegas will prosecute misdemeanor crimes that occur in Las Vegas. These are two different courts located in distinct parts of the valley. LV Criminal Attorney can appear in each of these courts to fight for you. We also appear in any other city court throughout Clark County like Henderson, Mesquite, or Pahrump.
Certain areas of Clark County are not part of a specific city. Any misdemeanor crimes including Domestic violence that occur in these “unincorporated” parts of Clark County are prosecuted by the Clark County District Attorney (DA) and heard in Justice Court. LV Criminal Attorney can appear in Justice Court to fight the DA misdemeanor charges against you.
Initiation of Criminal Charges
In Nevada, criminal charges, including for Domestic violence, are initiated by 1) the filing of a criminal complaint or 2) a citation is issued to appear in court. When a person is detained by police for having committed a misdemeanor, the police issue a citation to appear in court. Once the person appears in court on the misdemeanor citation, the DA may need to file a criminal complaint for the case to proceed. However, there are certain exceptions where a misdemeanor citation is not issued. When a person is suspected of committing domestic violence or DUI, for example, they are arrested, and a criminal complaint is filed.
How People Are Charged with a Crime
Following arrest or citation, the DA’s office quickly reviews the police report or what limited information it has at that time to determine whether there is even slight evidence that any crime was committed. If the DA even suspects that a crime was committed, it will file a criminal complaint against you. The criminal complaint states and describes all the crimes the DA’s office thinks that you have committed. It is important to know that at the time the DA files the criminal complaint, it has not reviewed all the evidence, not reviewed witness statements, not talked with the police officers or witnesses, and does not know anything about the actual circumstances. The procedure for testing the evidence against the crimes charged comes later.
After You Are Arrested
If you are arrested for a misdemeanor, you will appear in court for your initial appearance. At this hearing, the court will consider your custody status and whether to release you on your own recognizance, meaning you get released without having to post bail, or releasing you with bail or house arrest. You will also enter a not guilty plea and set your case for a misdemeanor trial.
Your Custody Status
The attorneys at LV Criminal Attorney are here to protect your freedom. We can appear with you in court and argue that you should be released from custody immediately with no bail and without court supervision. Depending on the circumstances, some amount of monetary bail or house arrest can occur for people charged with Domestic violence. The attorneys at LV Criminal Attorney are familiar with the legal standards that must be met to keep you in custody. And we will fight to secure your freedom so that you can challenge the criminal charges without being isolated from your family, friends, or your attorney.
After the court decides about your custody status (release or bail), then you will appear in court for trial date.
A common misconception is that every criminal case is heard by a jury of their peers. However, this is not true. In Nevada, a misdemeanor trial is in front of a judge and not a jury. The one exception in Nevada is that you are entitled to a jury trial for a misdemeanor if you are charged with a Battery Domestic Violence. Otherwise, your case will be heard by a judge.
At your initial arraignment, you will plead not guilty, and the court will set a trial date. After that, the DA must give your attorney all the evidence is has against you. You and your attorney will review the police report, investigate the charges against you, explore possible defenses, and discuss options to resolve your case. Rest assured, the experienced attorneys at LV Criminal Attorney will work to get you the best possible outcome.
Experienced attorneys who are always by your side
The experienced Las Vegas criminal defense attorneys at LV Criminal Attorney will provide you with a skilled attorney experienced in all matters of criminal defense, including Domestic violence. Our attorneys understand that each client’s situation is unique. While many cases require aggressive litigation all the way through trial, others require a savvy ability to be able to negotiate the best deal possible. Our criminal defense attorneys are familiar with court procedures, rules of evidence, available defenses, and are experienced trial attorneys. Let the Las Vegas criminal defense attorneys at LV Criminal Attorney provide you with the experienced, aggressive representation you need. Call us at 702-565-4335 to schedule a confidential consultation with a Criminal Defense Attorney.