Las Vegas Battery Domestic Violence Lawyer

Josh Tomsheck of Hofland & Tomsheck – Serious Defense for Serious Battery Domestic Violence Charges in Las Vegas

Being charged with Battery Domestic Violence (BDV) in Las Vegas is a serious matter that can impact every aspect of your life. Whether this is your first encounter with the legal system or a subsequent offense, you could face jail time, fines, and long-lasting effects on your personal and professional future. To defend against these charges, you need an experienced, knowledgeable attorney who can fight for your rights.

Josh Tomsheck, founder of the LV NV DV Defense Center and a partner at the law firm of Hofland & Tomsheck, has extensive experience representing clients charged with BDV offenses. As a board-certified criminal trial lawyer and former Chief Deputy District Attorney in Clark County, Josh has a deep understanding of how domestic violence cases are prosecuted and knows how to build a strategic defense. His proven record of achieving favorable outcomes for his clients, from dismissals to reduced charges, makes him one of the most sought-after BDV defense attorneys in Nevada.

Can Battery Domestic Violence Charges Be Dismissed in Nevada?

A common question for anyone facing BDV charges is whether their case can be dismissed. The answer depends on the circumstances of your case. There are many legal defenses that could lead to a dismissal, but each case must be evaluated on its own merits. Josh Tomsheck has successfully defended countless clients by identifying weaknesses in the prosecution’s case. Whether it’s uncovering procedural errors during the arrest, questioning the reliability of witness statements, or revealing violations of constitutional rights, Josh will meticulously examine every aspect of your case.

In many cases, dismissals occur when the prosecution’s evidence is too weak to prove the charges beyond a reasonable doubt. Even when dismissal isn’t possible, Josh often negotiates reduced charges, such as having BDV charges lowered to a simple battery or breach of peace, both of which carry lighter penalties, are not enhanceable and do not have mandatory minimum sentences.

Felony Battery Domestic Violence Charges in Nevada

For first or second offenses, Battery Domestic Violence is typically charged as a misdemeanor in Nevada. However, certain circumstances elevate BDV to a felony, with far more serious consequences. Under Nevada law, you may face a felony BDV charge if:

1. Third Offense Within Seven Years: Under NRS 200.485(1)(c), a third BDV conviction within a seven-year period is classified as a Category C Felony, punishable by:
   • 1 to 5 years in Nevada State Prison.
   • Fines up to $10,000.
   • Mandatory counseling and community service.
2. BDV with Substantial Bodily Harm: If the victim suffers substantial bodily harm, as defined by NRS 0.060, the charge becomes a Category B Felony, with penalties including:
   • 1 to 6 years in Nevada State Prison.
   • Fines up to $10,000.
3. BDV Involving Strangulation: A BDV charge involving strangulation is automatically a felony in Nevada. Under NRS 200.481(2)(k), this is considered a Category C Felony, and the penalties include:
   • 1 to 5 years in prison.
   • Fines up to $10,000.
4. Use of a Deadly Weapon: If a deadly weapon is involved during the BDV incident, the charge may be elevated to a Category B Felony, with a sentence of:
   • 2 to 10 years in prison.
   • Fines ranging up to $10,000.
5. BDV against a Pregnant Victim: If the victim of an alleged Battery Domestic Violence incident is pregnant and the perpetrator knew, or should have known, that the individual was pregnant, it becomes either a Gross Misdemeanor (for a first offense) or a Category B Felony (for a second or subsequent offense) with punishments of:
   • For a 1st offense:
     • 20 days to 12 months in County Jail
     • Fines of up to $2,000.00
   • For a 2nd or subsequent offense:
     • 1 to 6 years in prison
     • Fines of up to $10,000.00

Felony BDV convictions carry life-altering consequences. Aside from prison time, a felony conviction means a permanent criminal record, loss of certain civil rights (such as voting or gun ownership), and difficulties in finding employment. Josh Tomsheck’s experience in felony BDV cases allows him to provide the strongest defense possible to avoid these harsh penalties.

What Are the Penalties for a First-Time BDV Conviction?

A first-time BDV offense in Nevada is generally charged as a misdemeanor, but the penalties are still severe and can have lasting consequences. Under NRS 200.485(1), a conviction may result in:

• Fines: Between $200 and $1,000, plus court costs.
• Mandatory Domestic Violence Counseling: Typically a 6-month program required by the court.
• Community Service: Ranging from 48 to 120 hours.
• Jail Time: 2 days to 6 months in jail, depending on the circumstances.
• Firearm Restrictions: A conviction results in the loss of the right to own or possess firearms under federal law.

These penalties can disrupt your life and impact your future. By hiring Josh Tomsheck, you can ensure that you have an experienced advocate on your side, working to mitigate or eliminate these penalties.

What Are the Penalties for a Second BDV Conviction?

If you are convicted of a second BDV offense within seven years of the first, the penalties become more severe, as outlined in NRS 200.485(1)(b). These include:

• Fines: $500 to $1,000, plus additional court fees.
• Increased Counseling: Additional domestic violence counseling, typically with extended requirements.
• Mandatory Jail Time: A minimum of 20 days in jail, up to 6 months.
• Community Service: 100 to 200 hours, depending on the circumstances.
• Loss of Firearm Rights: Permanently losing the right to own firearms.

Even for a second offense, Josh Tomsheck’s defense strategies focus on minimizing the damage and working to reduce the severity of the penalties you face.

Can Josh Tomsheck Appear in Court for You?

In many misdemeanor BDV cases, Josh Tomsheck can represent you in court without you needing to be present. This can significantly reduce the stress and anxiety that often accompanies attending multiple court hearings. Josh handles the legal complexities on your behalf, ensuring that you are kept informed throughout the process while minimizing the need for your physical appearance. In most cases, Mr. Tomsheck can make all court appearances for you on Misdemeanor BDV cases, unless the case proceeds to Trial.

In felony BDV cases, your presence may be required at certain court dates, and you will definitely need to be present for certain dates, such as arraignment on Felony charges and calendar call. You will certainly need to be present if the case proceeds to trial, as Felony DUI offenses are Jury Trials in District Court. However, Josh’s proactive defense strategies often resolve cases before they reach this stage, saving you time, stress, and the potential of facing harsh penalties.

Background Checks, Record Sealing, and the Loss of Firearm Rights

A conviction for Battery Domestic Violence can have long-lasting consequences beyond fines and jail time. Some of the most significant collateral effects of a BDV conviction include:

1. Background Checks: A BDV conviction, whether misdemeanor or felony, will appear on your criminal record. This can severely limit your ability to secure employment, housing, and professional licenses. Employers and landlords often conduct background checks, and a domestic violence conviction can be a significant red flag that affects your opportunities.
2. Record Sealing: In Nevada, it is possible to seal your criminal record for a misdemeanor BDV conviction after seven years, according to NRS 179.245. However, felony BDV convictions may be much harder to seal depending on the specifics of your case. Josh Tomsheck has extensive experience guiding clients through the record sealing process, helping them restore their reputations and move on with their lives.
3. Loss of Firearm Rights: Under federal law, anyone convicted of domestic violence is prohibited from owning or possessing firearms. This includes misdemeanor BDV convictions. Recently, the State of Nevada passed similar legislation. As such, under both Federal Law (18 USC 922) and State Law (NRS 202.360(a)). This loss of rights is permanent and can impact your career if you work in fields that require firearms, such as law enforcement or security. Josh can work to avoid a conviction entirely or negotiate reduced charges that may allow you to retain your firearm rights.

How to Fight a Battery Domestic Violence Charge in Nevada

Josh Tomsheck employs a variety of defense strategies to fight BDV charges, based on the specifics of each case. These strategies may include:

• Challenging the Evidence: Examining the prosecution’s evidence for inconsistencies, errors, or lack of proof.
• Self-Defense Claims: If you were acting in self-defense or in defense of another person, Josh will build a strong case to show that your actions were justified under Nevada law.
• False Allegations: In many BDV cases, accusations are exaggerated or fabricated, often as part of a custody dispute or personal vendetta. Josh has successfully exposed false claims, leading to dismissals or reduced charges.
• Lack of Intent: To be convicted of battery, there must be intent to cause harm. If the incident was accidental, this can be a strong defense.

Josh Tomsheck meticulously reviews each case, ensuring that no detail is overlooked. His goal is to build the best defense possible, protecting your rights and fighting for the best possible outcome.

Contact Josh Tomsheck at the LV NV DV Defense Center Today

If you are facing a Battery Domestic Violence charge in Las Vegas, it is crucial to have an experienced attorney who knows how to navigate Nevada’s complex domestic violence laws. Josh Tomsheck and the team at Hofland & Tomsheck are here to provide you with the defense you need to protect your future.

Serious Defense for Serious BDV Charges – Contact the LV NV DV Defense Center today for a free consultation.