The most common domestic violence offense in Clark County is domestic battery, often called “battery – domestic violence.” The offense involves the use of any type of violence against a family member, a person you are dating, former spouse, and others with whom you have or had a certain type of relationship. The offense results in mandatory jail time.
Your best chance at avoiding jail time if charged with domestic battery in Las Vegas, Henderson, North Vegas, or anywhere in Clark County is having an experienced and knowledgeable advocate on your side. Jeffery Jaeger is a Las Vegas domestic battery lawyer who teaches other attorneys how to prepare for trial. He can put his skills to work for you, finding every defense available and seeking to get your charges reduced or dismissed.
Call today at (702) 816-3888 to schedule a free consultation.
Battery means the “willful and unlawful use of force or violence against another.” It is a crime if committed against anyone.
However, Nevada Revised Statutes 200.485 prescribes greater punishment if the offense is committed against anyone related by blood or marriage, including spouses, children, parents, grandparents, grandchildren, brothers, and sisters. It can also including ex-spouses, people the accused lives with, people the accused has a child with, and anyone the accused is dating.
Battery can involve punching, kicking, shoving, grasping, and any other use of force. The victim does not have to be seriously injured or suffer any cuts, bruises, or broken bones for the Clark County District Attorney’s Office to seek battery charges.
Domestic battery convictions result in mandatory time in jail. Your lawyer cannot negotiate out of this, and the judge has no discretion to give you leniency.
If you are convicted of a first offense or it has been more than seven years since your last domestic violence conviction, you will spend at least two days in the Las Vegas, Henderson or Clark County Detention Center. You could be sentenced to up to six months. For a second offense, you will spend at least 10 days in jail and up to six months.
A third or subsequent offense or an offense involving strangulation is a Class C felony, punishable by at least a year in prison, with a maximum of five years. Offenses involving weapons and substantial bodily harm may also be upgraded to more significant punishments.
Two or even 10 days may not seem like a very long time. However, many employers are not inclined to be very understanding of missing work to spend time in jail. Jail is an extremely uncomfortable and sometimes dangerous place. There will be a permanent record of you having spent time incarcerated, which is likely to hurt you on job hunts and school applications in the future.
Additionally, if you were one of Las Vegas’s 40 million annual visitors when arrested and charged, you may have to return to serve your time.
Mandatory jail time is not the only consequence of a domestic battery conviction. First, there are fines of $200 to $1,000 for a first offense, $500 to $1,000 for a second offense, and up to $10,000 for a subsequent offense. You’ll also be required to perform community service.
The law also requires counseling sessions. You must attend weekly hour-and-a-half classes for six months as a first offender and a year for subsequent offenses, at your own expense. Las Vegas’ program costs $30 per class, for a total of $780 for six months and $1,560 for a year. The judge may order you to attend drug or alcohol treatment as well.
Under federal law, you will not be allowed to carry a firearm, even if your offense is misdemeanor battery. If you are not a citizen, you could be deported.
This is all in addition to an order for protection that will severely curtail your freedom and could change child custody and living arrangements for a very long time.
With such serious consequences, it is critical that you act. Your best option is to contact a skilled attorney who will identify every available defense, whether that be to challenge the prosecutor’s evidence or negotiate with the Clark County District Attorney for a reduced charge and sentence. Jeffrey Jaeger will be committed to you as your Las Vegas domestic battery lawyer. Call today at (702) 816-3888 to schedule a free consultation.
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