Domestic Abuse & Battery Lawyer Serving Las Vegas
You Cannot Afford to Be Convicted of Domestic Violence
Following certain high-profile domestic abuse cases in the 1990’s (Hello, O.J.) state legislatures across America came to realize that they could be held civilly liable if police fail to arrest a person accused of committing an act of domestic violence. Laws were changed to mandate arrest if police can determine the primary physical aggressor in a domestic abuse incident.
Further, the laws were changed to reflect a growing intolerance of any unwanted physical contact between family members or domestic partners. Today, law enforcement agencies follow the rule of thumb to arrest first and ask questions later.
Las Vegas is an adult playground with access to alcohol and high-risk gambling. When people are running on little to no sleep and experience gambling losses, it’s not uncommon for tempers to flare. Whatever your circumstance, the Law Offices of Michael I. Gowdey wants to help you clear your name.
Contact our law firm today online or call 702-471-0321 to setup a free consultation.
Experienced Nevada Domestic Violence Attorney
Criminal defense Attorney Michael Gowdey is eager to help you fight allegations of domestic violence and to petition the court to lift any protective orders that have been issued against you. Mr. Gowdey understands the seriousness of the charges you face and the repercussions a conviction can have on your life.
Domestic violence is the one misdemeanor conviction that will result in the loss of civil liberties. Specifically, in Nevada and many other states, if you are convicted of domestic violence, you may no longer own a firearm. It also becomes a liability on job and housing applications and can affect child custody and immigration status.
In Nevada, we have specialty courts set up to handle domestic violence cases. For some prosecutors, domestic violence cases are all they handle. You need to fight fire with fire. Michael Gowdey has the skills and experience to level the playing field against you. We have proven strategies to keep you from losing your rights, your freedom and even access to your own home. We know the steps to take to defend against such charges and to minimize the potential damage.
Domestic Violence and Nevada Law
Under Nevada law, domestic abuse or domestic violence is also referred to as “battery domestic violence” (BDV). To be found guilty of this offense, the prosecution needs to prove that you intentionally used or threatened to use power, coercion or violence to control someone you are in a domestic relationship with.
This could be:
- a current or former spouse
- a relative by blood or marriage
- a housemate (cohabitant)
- a significant other
- the mother or father or your child
- your minor child
Types of Domestic Violence
Domestic abuse can take many forms, including
- violent, aggressive, unwanted touching including pushing, slapping, punching, strangling, burning, poisoning
- sexual assault/rape: forcing or pressuring someone to engage in sexual acts
- emotional, verbal, spiritual, financial, homophobic-based, immigration based assaults and/or destructive threats
- stalking/trespassing: unlawful entry into victim’s residence or forcible entry into the victim’s residence against the victim’s will putting the victim in harm’s way
- false imprisonment
Consequences of a Domestic Violence Conviction
“Battery domestic violence” may be prosecuted as either a misdemeanor or felony charge depending on a variety of factors, some of which include:
Penalties for Domestic Violence First Offense (Misdemeanor)
- minimum of 2 days but no more than 6 months in county jail
- minimum of $200 but no more than $1,000 in fines
- minimum 48 hours but no more than 120 hours of community service
- 6-12 months domestic violence counseling
Penalties for Domestic Violence Second Offense (Misdemeanor)
For a second conviction for domestic violence within 7 years, potential penalties include:
- minimum of 10 days but no more than 6 months in county jail
- minimum of $500 but no more than $1,000 in fines
- minimum of 100 hours but no more than 200 hours of community service
- 12 months of domestic violence counseling
Penalties for Domestic Violence Third Offense (Felony)
A third offense for domestic violence within 7 years is a felony, punishable by:
- sentence of probation or imprisonment in the Nevada State Prison for no less than 1 year but not more than 5 years
- fine up to $10,000
Domestic Violence Defense Strategies
Every domestic violence case is unique, but there are common defense strategies that may prove effective
Self-Defense: If you used physical force against another person because you reasonably believed doing so was necessary to avoid imminent injury or death, you may be able to assert that you acted in self-defense.
False Accusations: If you have a troubled history with your accuser, it’s possible that he/she is fabricating or exaggerating alleged abuse in an attempt to exact revenge. In some situations, the alleged victim may go so far as to harm themselves and turn around and blame someone else for their injuries.
Accident: A domestic violence incident may have resulted from an unfortunate accident in which there was no deliberate intention to harm the alleged victim.
Contact Our Skilled Las Vegas Domestic Battery Attorney Today
Know your rights and your options. Contact our law firm today online or call 702-471-0321 to work with an experienced domestic abuse attorney who will aggressively fight to protect your rights. We offer free initial consultations at our Las Vegas law firm.