Las Vegas Battery Domestic Violence Laws

Domestic Violence Law Overview

In Nevada, once the police have been called, the criminal process of a Battery Domestic Violence case begins. In Nevada, law enforcement agencies operate in certain circumstances under a mandatory arrest policy by state law. When the police arrive, if there is sufficient reason to believe that a person within the last twenty-four hours has committed an act of domestic violence or spousal battery, an officer is obligated to arrest that person unless there are mitigating circumstances.

Primary Physical Aggressor

If both parties engage in mutual Battery Domestic Violence, an officer must determine which person was the primary physical aggressor. Once an officer makes that determination, he or she will arrest that person.

In determining whether a person is a primary physical aggressor, an officer will: (1) consider a prior domestic violence involving either person; (2) consider the relative seriousness of the injuries; (3) consider the potential for future injury; (4) consider whether or not one of the alleged batteries was committed in self defense; and (5) consider additional factors that may help the officer decide who was the primary physical aggressor.

Charged With Battery Domestic Violence

Once you have been charged with Battery Domestic Violence in Nevada, your case will be prosecuted by either the District Attorney for Las Vegas Justice Court cases, or the City Attorney for Las Vegas Municipal Court cases.

Even if the victim wants to drop the charges, once the case has been filed, it will still move forward in the respective Court. There is no such thing as forgive and forget in a Domestic Violence case. The victim becomes a witness in the case and may be asked to testify.

Call an experienced Las Vegas Domestic Violence Attorney today at: 702 489 2264

First Offense Within 7 Years (Misdemeanor)

If you have been charged with Domestic Violence in Las Vegas and then later convicted, a first offense is considered a misdemeanor.

Generally you will have to spend at least 2 days in jail, but not more than 6 months in jail. You may also be required to serve 48 to 120 hours of community service, and pay a fine of $200 to $1,000.

Second Offense Within 7 Years (Misdemeanor)

If you are arrested for Battery Domestic Violence for a second time within 7 years, you may be required to spend 10 days to 6 months in jail. You may have to do 100 hours to 200 hours of community service and pay a fine of $500 to $1,000 in addition to certain fees and assessments.

Third Offense Within 7 Years (Category C Felony)

A third offense of Battery Domestic Violence within 7 years is a Category C felony punishable by a sentence of imprisonment for 1 year to 5 years.

Las Vegas Domestic Violence Attorney Paul J. Adras

If you have been charged with battery constituting domestic violence in Las Vegas, Nevada, Attorney Paul Adras is the only call you need to make. Call an experienced criminal defense attorney skilled in defending domestic violence cases at: 702-489-2264.

Please fill out this form if you would like more information about Battery Domestic Violence. You may also contact Attorney Paul Adras directly at 702-489-2264.

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The Law Offices of Paul J. Adras, Esq. PC
4532 W. Charleston Blvd.
Las Vegas, Nevada 89102

(702) 489-2264

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