Domestic Violence / Domestic Battery Crimes

Battery Domestic Violence Charges in Nevada

Charges of domestic violence, formally referred to as Battery Domestic Violence (BDV), are taken very seriously in Nevada, particularly in Las Vegas, where these cases are prosecuted in the Municipal, Justice and District Courts. Nevada law enforces strict penalties for BDV offenses, and these cases often involve complex legal issues. Importantly, the law allows the prosecutor to proceed with a domestic violence case even if the alleged victim does not want to pursue charges. This means that even if emotions cool down after an incident, the state may still press forward with prosecuting the case.

If you’ve been accused of domestic violence—whether it involves physical assault, stalking, harassment, or threats—it is essential to retain a qualified criminal defense attorney. At Hofland & Tomsheck, we have a proven track record of successfully defending clients against BDV charges. Attorney Josh Tomsheck, a nationally recognized, board-certified specialist in criminal law, has represented hundreds of clients in domestic violence cases and has the experience and knowledge to protect your rights and freedom.

A conviction for Battery Domestic Violence in Nevada carries severe penalties that can have lasting consequences. These penalties include mandatory jail time, ongoing counseling, fines, and community service. Moreover, a conviction for domestic violence can lead to collateral consequences, such as difficulties in employment and housing, deportation risks for non-citizens, and permanent loss of firearm ownership rights under federal law.

Arrested for Battery Domestic Violence in Las Vegas? What Should You do?

The Las Vegas domestic violence lawyers at Hofland & Tomsheck stand ready to use their skills and experience to aggressively defend you against domestic violence charges. Contact us today for your free, confidential consultation and you will sleep better tonight knowing that you have able and qualified counsel on your side. Las Vegas Domestic Violence Defense Attorney Josh Tomsheck is a Nationally Board Certified Specialist in Criminal law and has the experience of defending hundreds of cases just like yours. While this might be your first experience with the criminal justice system in Las Vegas, Mr. Tomsheck has been down this road countless times and can help you formulate the best defense for your individual case.

It is important to remember the following steps if you are arrested for BDV:

1. Exercise Your Right to Remain Silent: Anything you say to law enforcement can be used against you in court. Refrain from discussing details of the incident without your lawyer present.
2. Contact a Las Vegas Domestic Violence Defense Attorney Immediately: Having an experienced criminal defense lawyer like Josh Tomsheck by your side is critical to protecting your rights.
3. Document Any Evidence: If there are witnesses, photographs, or any other form of evidence that supports your version of events, make sure it is preserved and shared with your attorney.

When you contact Las Vegas Domestic Violence Defense Attorney Josh Tomsheck, you can rest assured that you have a nationally recognized, board-certified expert defending you. Josh has successfully defended countless clients against domestic violence allegations, and he will develop a customized defense strategy for your case.

Penalties for Domestic Violence in Las Vegas

The penalties for domestic violence in Las Vegas can be staggering. For the first offense in a seven-year period, the minimum sentence is two days in jail, 48 hours of community service, counseling and a $200 fine. A second misdemeanor domestic violence conviction within a seven-year period carries a minimum sentence of 10 days in jail, 100 community service hours, expanded counseling and a $500 fine (with a real possibility of the maximum sentence of six months in jail). A defendant convicted of a third or subsequent conviction for domestic violence battery in a seven-year period is guilty of a Class C felony which has a sentence range of one to five years in prison and up to a $10,000 fine. The Las Vegas domestic violence attorneys at Hofland & Tomsheck are seasoned trial litigators. Do not settle for an attorney who will take your money and plead you out to whatever charges the prosecutor files. Instead, make sure you have a Las Vegas Domestic Violence Lawyer who will do everything in their power to provide you the best defense against a conviction and penalties such as these:

First Offense (Misdemeanor)

• Jail Time: Minimum of 2 days, up to 6 months.
• Community Service: 48 hours.
• Counseling: Required participation in domestic violence counseling.
• Fines: A minimum of $200, plus court costs.

Second Offense Within 7 Years (Misdemeanor)

• Jail Time: Minimum of 20 days, up to 6 months.
• Community Service: 100 hours.
• Counseling: Additional mandatory counseling sessions.
• Fines: A minimum of $500, plus court costs.

Third Offense Within 7 Years (Felony)

• Prison Sentence: 1 to 5 years in Nevada State Prison.
• Fines: Up to $10,000.
• Additional Penalties: Felony convictions carry long-term consequences, including the permanent loss of firearm rights and difficulties securing employment or housing.

These penalties illustrate why it’s crucial to hire a skilled attorney if you’re facing domestic violence charges. Attorney Josh Tomsheck has successfully represented clients in cases involving both misdemeanor and felony domestic violence charges, often securing reduced sentences or dismissals.

Limited Ability to Dismiss Domestic Violence Charges in Las Vegas

One of the most challenging aspects of domestic violence cases in Nevada is the limited ability to dismiss charges. Under Nevada law, prosecutors are generally prohibited from dismissing or reducing BDV charges to lesser offenses unless there is a clear lack of evidence. This makes negotiating plea deals more difficult than in other criminal cases.

According to NRS 200.485, plea bargains are only permitted if the prosecutor can represent to the court that there is insufficient evidence to prove the defendant’s guilt beyond a reasonable doubt. This restriction places an even greater emphasis on the importance of mounting a strong defense. At Hofland & Tomsheck, our seasoned defense attorneys work to convince prosecutors and judges that dismissals or reductions are appropriate, focusing on the specific facts of your case to highlight weaknesses in the prosecution’s evidence.

Types of Domestic Violence Offenses in Nevada

Nevada law defines domestic violence as a broad category of offenses committed against individuals with whom the accused has a domestic relationship, such as a spouse, dating partner, family member, or cohabitant. The following acts are considered forms of domestic violence:

• Assault or Battery: Physical harm or the threat of harm to the victim.
• Sexual Assault: Unlawful sexual conduct, including sexual battery.
• Stalking: Following or harassing a person in a way that causes fear of harm.
• False Imprisonment or Kidnapping: Holding or restraining someone against their will.
• Coercion or Threats: Forcing the victim to perform or refrain from certain actions through threats of violence.
• Unlawful Entry: Entering the victim’s home or residence without permission, even if the home is shared.

Each of these offenses can lead to serious criminal charges with substantial penalties, especially when involving domestic violence allegations. Josh Tomsheck is experienced in defending clients against all forms of domestic violence charges and can help you understand the best legal strategy for your specific situation.

Collateral Consequences of a Domestic Violence Conviction

In addition to the criminal penalties, a conviction for Battery Domestic Violence in Las Vegas can have significant collateral consequences:

1. Firearm Restrictions: Federal law prohibits anyone convicted of domestic violence from owning or possessing firearms. This restriction is permanent and applies even if the conviction is for a misdemeanor.
2. Deportation: Non-U.S. citizens convicted of domestic violence may face deportation or removal proceedings, as domestic violence is considered a deportable offense under federal immigration law.
3. Employment Challenges: A criminal conviction, especially for a violent crime like domestic violence, can severely impact your ability to find or keep a job, particularly in fields requiring background checks.
4. Child Custody and Visitation: A domestic violence conviction can be used against you in family court proceedings, potentially affecting your custody or visitation rights.

Building a Strong Defense Against Domestic Violence Charges

There are several potential defenses to domestic violence charges, and the best defense strategy will depend on the specifics of your case. Common defenses include:

• Self-Defense: If you acted in self-defense or in defense of another person, this can be a powerful defense. Nevada law allows individuals to use reasonable force to protect themselves from harm.
• False Accusations: In some cases, the alleged victim may falsely accuse someone of domestic violence to gain leverage in a divorce or custody battle. Josh Tomsheck has successfully exposed false claims and achieved dismissals in these situations.
• Lack of Evidence: The burden of proof is on the prosecution to prove your guilt beyond a reasonable doubt. If the evidence is weak or unreliable, your attorney can challenge its admissibility or credibility.
• Constitutional Violations: If the police violated your constitutional rights during the investigation or arrest, such as conducting an unlawful search or seizure, your attorney may be able to have critical evidence excluded from the case.

At Hofland & Tomsheck, we thoroughly investigate every aspect of the case to identify weaknesses in the prosecution’s evidence and build a strong defense strategy.

Contact Hofland & Tomsheck for a Free Consultation

If you have been arrested or accused of domestic violence in Las Vegas, don’t wait to seek legal representation. The consequences of a conviction are too severe to take lightly. Josh Tomsheck and the team at Hofland & Tomsheck have the experience, knowledge, and dedication necessary to defend you against these serious charges.

Contact us today for a free, confidential consultation and let us help you protect your rights, your freedom, and your future.

Serious Defense for Serious DV Charges