Las Vegas Criminal Lawyer
LV DV Defense Center
What You Need to Know About Domestic Violence Charges in Nevada
Featuring Top Las Vegas Domestic Violence Defense Lawyer, Author, Instructor and Nevada Criminal Law Expert Josh Tomsheck
If you’re facing domestic violence charges in Las Vegas, you’re probably feeling overwhelmed, scared, and uncertain about what’s next. You might be worried about what’s going to happen to you, your family, and your future. That’s perfectly understandable—domestic violence accusations are serious and can have life-changing consequences. But you’re not alone, and help is available.
At the LV DV Defense Center, we understand what you’re going through. Led by Josh Tomsheck, a highly respected Board-Certified Criminal Trial Lawyer, we’re here to guide you through this difficult time. We’ll help you make sense of the charges, explain the legal process, and fight for your rights every step of the way.
On this page, you’ll find everything you need to know about Nevada’s domestic battery laws and the types of charges that fall under this category. We’ll cover what BDV means, explain key legal terms, explore possible penalties, and discuss effective defense strategies. We’ll also introduce you to Josh Tomsheck, a nationally recognized Board-Certified Criminal Trial Lawyer with a long track record of successfully defending clients against domestic violence charges.
Our goal is to provide you with the most comprehensive resource on battery constituting domestic violence charges and their defense. If you have questions or need immediate assistance, we encourage you to contact us for a free consultation.
Let’s walk through some of the most important things you need to know about Battery Constituting Domestic Violence (BDV) in Nevada, what the charges mean, and how they can be defended.
What is Battery Domestic Violence in Nevada?
Battery Domestic Violence, or BDV, is one of the most frequently charged offenses in Nevada, but just because it’s common doesn’t mean it’s minor. BDV charges involve the use of force or violence against someone with whom you share a domestic relationship, such as a spouse, partner, family member, or roommate. It’s important to understand that Nevada law doesn’t require serious injuries for these charges to stick—even something like a minor push or grab can lead to an arrest if the other person claims it was harmful or offensive.
You could be charged with BDV for an incident involving:
- Spouses or ex-spouses
- Current or former dating partners
- Parents and their children
- Siblings, relatives by blood or marriage
- Roommates or anyone you live with or used to live with
- Co-parents, even if you’re no longer together
The wide net of domestic relationships means that charges can arise from all kinds of situations, and once you’ve been arrested, the wheels of the legal system start moving fast. But the important thing to remember is this: not every accusation is justified, and you have the right to defend yourself.
What Penalties Could You Face for a BDV Charge?
Domestic violence charges come with a range of penalties that increase in severity, especially if you’ve had prior run-ins with the law. Here’s what you could be facing if convicted of BDV:
First-Time Offense: Misdemeanor
- Jail Time: 2 days to 6 months
- Fines: Between $200 and $1,000
- Additional Penalties: 48 to 120 hours of community service and mandatory domestic violence counseling
- Gun Rights: You’ll lose your right to own or possess firearms, possibly forever
Even for a first-time offense, the penalties are strict, and losing your gun rights can be a huge deal, especially if your job involves carrying a firearm.
Second Offense: Misdemeanor
- Jail Time: 10 days to 6 months
- Fines: $500 to $1,000
- Additional Penalties: More counseling and community service hours
A second offense in Nevada comes with steeper consequences, including mandatory jail time and harsher penalties. The more convictions you have, the more serious the punishment becomes.
Third Offense: Felony
- Prison Time: 1 to 5 years in state prison
- Fines: Up to $10,000
- Gun Rights: Permanently lost
If this is your third domestic violence charge in seven years, the charge automatically becomes a felony, which comes with much tougher penalties. A felony conviction can severely affect your future, making it difficult to find a job or housing.
Domestic Violence with Substantial Bodily Harm
- Charge: Felony
- Penalties: 1 to 6 years in prison
If the alleged victim sustains substantial bodily harm—anything from a broken bone to a permanent injury—the court won’t take it lightly. This elevates the charge to a felony, with much more severe consequences.
Strangulation
- Charge: Felony
- Penalties: 1-5 years in Prison (non probationable).
Nevada law treats strangulation as especially dangerous. If there’s any evidence of choking or strangulation, the charges escalate to a felony.
Battery on a Pregnant Person
- Charge: Gross Misdemeanor/Felony
- Penalties: For a first offense this is treated as a Gross Misdemeanor, punishable by 1 year in the County Jail with a minimum of 20 days. For a second or subsequent offense it becomes a category B felony punishable by 1 to 6 years in prison.
If the alleged victim is pregnant, the law imposes much stricter penalties, even if the battery would otherwise be considered a misdemeanor.
How Can You Fight Battery Domestic Violence Charges?
Getting charged with BDV doesn’t mean you’re automatically guilty. There are several defenses available that can help get the charges reduced—or even dismissed—depending on the specifics of your case. Here are some common strategies used in BDV defense:
1. Self-Defense or Defense of Others
This is a powerful defense in many domestic violence cases. If you were acting to protect yourself from immediate harm, or if you were trying to defend someone else, Nevada law allows you to use reasonable force. Your defense attorney will work to show that your actions were justified based on the situation.
2. False Allegations
Unfortunately, false allegations happen, especially in situations involving divorce, child custody disputes, or breakups. If the accusations are fabricated, exaggerated, or motivated by a desire to gain an advantage in court, your attorney can expose the inconsistencies in the story and challenge the credibility of the accuser.
3. Accidental Contact
Not every physical interaction is a crime. If the contact was accidental or unintentional, it doesn’t meet the legal definition of battery. Your attorney will work to show that what happened wasn’t an intentional act of harm, but rather an unfortunate accident.
4. Lack of Evidence
Domestic violence cases often rely heavily on the testimony of the alleged victim, but without corroborating evidence, the prosecution may struggle to prove its case. Your attorney will carefully examine the evidence—or lack thereof—to see if it holds up under scrutiny.
5. Police Misconduct or Lack of Proper Investigation
Sometimes, the police don’t do their due diligence when investigating a domestic violence call. If they failed to follow proper procedures, didn’t have probable cause to arrest you, or violated your rights, your lawyer can file motions to suppress evidence or get the case dismissed.
The Legal Process: What to Expect in a Domestic Battery Case
Understanding what lies ahead can help you feel more in control. Here’s a breakdown of what typically happens in a Las Vegas BDV case:
Arraignment
This is your first court appearance, where the charges are formally read, and you enter a plea (guilty, not guilty, or no contest). Having a lawyer at this stage is crucial to making sure your rights are protected. If you hire Josh Tomsheck, you may not even need to attend the arraignment in person—he can handle it for you.
Pre-Trial Conferences and Motions
This is where your attorney will gather evidence, file motions to challenge the charges or suppress evidence, and negotiate with the prosecution. Many cases are resolved during this phase, potentially avoiding the need for a trial altogether.
Trial
If your case proceeds to trial, your attorney will craft a strategy to challenge the prosecution’s case. This could involve presenting evidence in your favor, cross-examining witnesses, and showing weaknesses in the state’s arguments.
Sentencing and Appeal
If you’re convicted, the judge will impose penalties based on Nevada’s domestic violence laws. However, your attorney can argue for leniency, considering factors like your lack of prior history or any efforts you’ve made toward rehabilitation. If needed, you can also appeal the decision within a short window of time.
Why You Need Josh Tomsheck on Your Side
Dealing with a Battery Domestic Violence charge is overwhelming, but you don’t have to face it alone. Josh Tomsheck, a Board-Certified Criminal Trial Lawyer and former Chief Deputy District Attorney, has years of experience defending clients just like you. He understands Nevada’s domestic violence laws inside and out and knows how to craft a defense that gets results.
At the Law Firm of Hofland & Tomsheck, we take pride in providing personalized, compassionate, and aggressive representation. Our goal is simple: to protect your rights, defend your freedom, and help you move forward with your life.
Contact the LV DV Defense Center Today
If you’re facing domestic violence charges in Las Vegas, don’t wait to get help. Contact us today for a free and confidential consultation with Josh Tomsheck. We’ll listen to your side of the story, explain your options, and start building a defense that’s tailored to your unique situation.
Serious Defense for Serious DV Charges.