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DOMESTIC VIOLENCE

I have successfully handled hundreds of domestic violence cases in Las Vegas and throughout Clark County. If you have been charged with domestic violence, feel free to read through this page for general information. Then call me for a free consultation. I will personally answer your questions and discuss your case with you. When we get off the phone you will most likely feel much better, because I know how to win domestic violence cases.

DOMESTIC VIOLENCE DEFINED

Domestic violence can include stalking, trespassing, and a long list of other offenses. But 99% of the domestic violence charges I see are based on the crime of battery. So the technical name for this charge is "battery constituting domestic violence." Battery constituting domestic violence has two elements. A battery has to be committed, and there has to be a "domestic relationship." Let's look at the definitions of both these terms.

A battery is defined under Nevada law as intentionally using "force or violence" on another person. Obviously this includes punching and kicking. But it can also mean slapping, pushing, or hitting a person with a thrown object. Many people don't realize that even minor uses of force, such as pushes or even throwing a drink on another person, can be considered a battery. The prosecutor does not have to prove that any injury occurred.

What counts as a "domestic relationship" is defined by Nevada statute. According to NRS 33.018, a person is in a "domestic relationship" with his spouse or people he is dating. These are obvious. But a person is also in a "domestic relationship" with a former spouse or dating partner. So once you have married or dated a person, you are forever in a "domestic relationship" with that person under Nevada domestic violence laws. What's more, you are deemed to be in a "domestic relationship" with anyone you're related to by blood or marriage, and anyone who you live with or used to live with. So that includes in-laws, siblings, roommates, and even former roommates. This means that if you get into a physical fight with an adult sibling or roommate, you can be charged with domestic violence.

CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION

Domestic battery is a misdemeanor, but a conviction for this crime has severe consequences beyond any regular misdemeanor. Jail time is mandatory, even for a first offense. Moreover, a person convicted of domestic violence loses all gun rights under federal law. A person who is not a United States citizen will be deported for a domestic violence conviction. And anyone convicted of domestic violence will be required to attend at least six months of domestic violence counseling, pay a fine, and perform a minimum of 48 hours of community service. And finally, any subsequent conviction for domestic violence within 7 years will result in additional, even harsher penalties. For more details about the penalties for domestic violence convictions, see my page regarding domestic violence penalties here. For information about felony domestic violence, including third offense domestic violence, click here.

DEFENDING A DOMESTIC VIOLENCE CHARGE

There are many different scenarios that lead to men and women getting charged with domestic violence. Sometimes husband and wife are vacationing in Las Vegas, they start drinking, get into an argument, they get too loud, someone is pushed, and casino security calls the police. Sometimes charges are fabricated entirely because a girlfriend thinks her boyfriend is cheating on her. Sometimes a husband exaggerates charges to gain an advantage over his wife in child support or divorce proceedings. Whatever the scenario, in order to convict you of domestic violence, the prosecutor must prove the offense beyond a reasonable doubt.

I have had a lot of success in defending domestic violence cases. I have won full acquittals after bench trial and jury trial, I have gotten many cases dismissed, and helped countless more clients avoid domestic violence convictions on their records. So if you have been charged with domestic violence, call me now so we can strategize how to win your case.

By Michael Pandullo

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