Domestic Violence Defense in Las Vegas

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.

Begin discussing your legal options today by contacting Pandullo Law at (call sms 702) 580-4936.

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 violenc,e 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.

A domestic violence conviction—even for a misdemeanor—can have serious long-term consequences. These include:

• Mandatory jail time (even for a first offense)
• Permanent loss of gun rights under federal law
• Deportation for non-U.S. citizens
• Mandatory counseling and community service

Increasing penalties for subsequent offenses

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.

Domestic Violence Third Offense

If you have been convicted of battery domestic violence twice in the past seven years, any subsequent charge for domestic violence is a felony, punishable by 1 to 5 years in a Nevada prison. And unlike most other charges, if you are convicted of felony domestic violence, the judge cannot suspend the sentence and place you on probation. Prison is mandatory. This means that if you are convicted of domestic violence third offense, you must do a year in prison before you become eligible for parole.

A third offense still triggers felony treatment even if your second offense was plead down to a first offense for the purpose of punishment. But keep in mind, this only applies to domestic violence convictions. If you were charged with a second domestic violence, but the charge was dismissed or plead down to a simple battery, disorderly conduct, or any charge other than battery constituting domestic violence, third offense felony treatment will not be triggered.

Battery Domestic Violence Strangulation

If you are in a domestic relationship with someone, and are accused of choking that person, you will likely be charged with battery domestic violence strangulation. But what is strangulation?

Nevada law defines strangulation as "intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person in a manner that creates a risk of death or substantial bodily harm."

Let's break down this definition. There are two types of chokes. Blood chokes and air chokes. Air chokes restrict breathing through compressing the windpipe. Blood chokes occur when the carotid arteries on the sides of a person's neck are compressed, which interrupts blood flow to the brain. Both types of chokes can lead to unconsciousness and eventually death. However, blood chokes can cause unconsciousness within seconds, whereas air chokes take significantly longer to work. To illustrate the difference, think of how long you can hold your breath without passing out, then compare that to how quickly a choke in mixed martial arts leads to a tapout submission.

In reality, it is debatable whether many of the alleged chokes charged ass domestic violence strangulation actually create "a risk of death or substantial bodily harm." If you have any experience in grappling or any interest in mixed martial arts, you probably know that a person begins to regain consciousness immediately when a blood choke is released. However, if the alleged victim claims that she was near unconsciousness, however briefly, the district attorney will almost certainly file the case as a felony domestic violence strangulation.

Battery domestic violence strangulation is a felony punishable by 1 to 5 years in prison. Like third offense domestic violence, the judge is not allowed to grant probation if you are convicted of this offense. This means that if you don't beat the case or plead to a lesser offense, you'll do a minimum of one year in prison before you become eligible for parole. Additionally, there is a mandatory fine of $15,000 if you are convicted.

Domestic Violence With Substantial Bodily Harm

A simple push is enough for a misdemeanor conviction for domestic violence. However, if the domestic battery allegedly results in "substantial bodily harm," the case will be charged as a felony.

"Substantial bodily harm" is defined by Nevada law under NRS 0.060. It can be either (1) "[b]odily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ" or (2) "[p]rolonged physical pain." In practice, "substantial bodily harm" usually means that the alleged victim broke a bone, or was cut deeply enough to leave a scar. Regular scrapes, bumps, and bruises do not ordinarily count as substantial bodily harm.

Battery domestic violence with substantial bodily harm is a non-probationable felony, punishable by 1 to 5 years in prison and a mandatory $10,000 fine. Note that if a "deadly weapon" is used to cause the substantial bodily harm, the sentence is increased to 1 to 15 years in a Nevada prison.

Domestic Violence With Use of a Deadly Weapon

A domestic battery committed with the use of a "deadly weapon" is a felony. What counts as a deadly weapon and triggers felony domestic violence treatment?

Pursuant to NRS 193.165, a "deadly weapon" is "[a]ny instrument which, if used in the ordinary manner contemplated by its design and construction, will or is likely to cause substantial bodily harm or death." A deadly weapon is also "[a]ny weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing substantial bodily harm or death."

So the deadly weapon definition is tied to the definition of "substantial bodily harm." A deadly weapon could be something that is designed to cause substantial bodily harm, like a gun or knife. But a deadly weapon can also be any object that is used in a way that can cause substantial bodily harm. Examples of this type of "deadly weapon" might include a heavy candlestick, or even a piece of bed frame if the alleged victim's neck is pushed against it.

A conviction for battery domestic violence with use of a deadly weapon carries a non-probationable sentence of 2 to 10 years in a Nevada state prison and a mandatory fine of $10,000. However, if the alleged victim suffers substantial bodily harm as a result, the prison sentence is increased to 2 to 15 years.

Defending Felony Domestic Violence Cases

Unlike misdemeanor domestic violence charges, which are tried in front of a judge, felony domestic violence charges are tried in front of a jury. I have handled many felony domestic violence cases, by successfully pleading them down to misdemeanors or probation, seeing that the cases are dismissed, or going to trial and winning a full "not guilty" verdict from the jury. So if you have been charged with felony domestic violence, call me now to talk about your case.

First Offense (Misdemeanor)

Domestic Violence 1st Offense Within 7 Years (Misdemeanor)

• 2 days to 6 months in jail
• If you are convicted of battery domestic violence first offense, at least two days in jail is mandatory. The maximum sentence is six months in jail. In many cases, however, your case can be negotiated or otherwise dealt with to avoid any jail time. In rare cases where jail time cannot be avoided, house arrest may be an option.
• 48 to 120 hours community service
• If you are convicted of battery domestic violence first offense, you will be ordered to complete a minimum of 48 hours of community service. Community service is any unpaid work you do for a non-profit organization that helps the community. Many people choose to volunteer for a church or community center if they are required to do community service.
• $200 to $1,000 fine
• If you are convicted of battery domestic violence first offense, you will be ordered to pay a fine—a minimum of $200 and a maximum of $1,000—plus administrative fees. With administrative fees included, the current minimum is $345 in fines and fees. Fines may be avoided if your case is negotiated to a lesser offense, your case is dismissed, or we go to trial and win. But in cases where fines cannot be avoided, you will ordinarily have the option of completing additional community service instead of paying a fine.
• 6 months to 12 months of domestic violence counseling
• If you are convicted of battery domestic violence first offense, you will be required to attend domestic violence counseling. The "shorter" domestic violence counseling course is 6 months long. You will have to attend weekly classes, in-person. So that is 26 classes total, with each class being 1.5 hours long. There are several agencies that offer domestic violence counseling spread around throughout Las Vegas and Clark County, and each is a little different. You will also have to pay for the counseling. Prices vary somewhat between counseling agencies, but currently the 6 month program costs about $800. The long-term domestic violence counseling program, which is 12 months long, is similar except that it consists of 52 classes, each 1.5 hours. It will cost twice as much.
  It is possible to avoid domestic violence counseling in many cases. If the case is dismissed or otherwise disposed of without a conviction, you won't have to complete domestic violence counseling. In cases where that is not possible, I may be able to negotiate your case so that you only have to complete anger management or impulse control counseling, both of which are less time-consuming and less expensive.
• Drug and alcohol counseling
• If you are convicted of domestic violence, and alcohol or drug abuse played a factor in the alleged domestic battery, the judge may order you to complete a drug and/or alcohol assessment, and complete any follow-up treatment deemed necessary. This may include attending AA or NA meetings, although many times drug and alcohol counseling may be handled through adding a drug or alcohol component to the mandatory 6-month domestic violence counseling.
• "Stay away" order
• If you are convicted of domestic violence, the judge may order you to "stay away" from the alleged victim until the case is closed. That means no contact whatsoever with the alleged victim, either directly or third parties, until the case is closed. This can be ordered even if the alleged victim wants to remain in contact with the defendant. A "stay away" order is similar to a temporary protective order ("TPO") although it is a separate and distinct order. If a TPO is dissolved, it does not effect the stay away order, and vice versa. Violations of a "stay away" order can result in jail time due to contempt of court.
• Immigration Consequences
• If you are convicted of misdemeanor domestic violence, you can be deported unless you are a United States citizen. So if you are not a United States citizen, it is important that you plead your case to something less than domestic violence (and, in fact, less than a simple battery) or get the case dismissed.
• Loss of gun rights under federal law
• If you are convicted of misdemeanor domestic violence, you lose your gun rights permanently under federal law. So it is very important for people who value their gun rights to avoid a conviction for domestic violence. Moreover, it is not enough to have the charge reduced to a simple battery. You will still lose your gun rights under federal law. You will have to plead to a lesser offense, like a disorderly conduct, or get the case dismissed, in order to save your gun rights.
  
  

Second Offense (Misdemeanor within 7 Years)

A second conviction for battery domestic violence within 7 years is a misdemeanor, but all the minimum requirements are increased. The minimum jail sentence is now 10 days (but the maximum is still six months), and the minimum fine is $500 (but the maximum is still $1,000). The community service requirement is increased to a minimum of 100 hours, and a maximum of 200 hours. Finally, for a second conviction for domestic violence within 7 years, the defendant will be required to complete 12 months of domestic violence counseling.

Third Offense (Felony within 7 Years)

A third offense for domestic violence within 7 years is a felony, punishable by a prison sentence of 1 to 5 years. Moreover, the judge cannot suspend that sentence and grant the defendant probation. This means that if you are convicted of third offense domestic violence, you will spend a minimum of one year in a Nevada prison before you are eligible for release on parole.