If you’re charged with domestic violence, you’ll want a reputable law firm in your corner. A skilled domestic violence lawyer will help you navigate the legal system, ensuring you receive the right to a fair trial.
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Dealing with domestic violence charges can be frustrating, humiliating and stressful. If you are being charged with domestic battery, you may feel like you have nowhere to turn and that the world is against you. In many cases, a former spouse or significant other may simply use testimony to try to prove his or her case.
It is easy to feel like the judge or prosecutors may be biased in a certain direction in handling your battery case. Instead of feeling despair, seek refuge and assistance from an experienced Las Vegas attorney.
When to Call a Lawyer Regarding Domestic Violence
An experienced domestic violence lawyer will help you navigate the legal system and ensure that you receive the right to a fair trial. Criminal defense attorneys understand that jury members, the judge and prosecutor may automatically hold bias about the individual being charged.
What Is “Domestic Violence”?
Domestic violence refers to a “violent confrontation” between individuals who live together in the same home, those in a serious relationship or amongst family members. The definition is broad, and it can encapsulate instances of child neglect, child abuse, spousal abuse, battery and even property damage.
Individuals of all ages can victims of violence. The types of relationships involved include:
• Domestic Partners
• Mother/Son or Daughter
• Father/Son or Daughter
• Elderly Parent and Son or Daughter
In many cases, a woman may be the victim of the domestic violence. She may be beaten or continuously abused over an extended period of time. However, men can also be victims. Weapons may also be used to carry out battery.
Domestic Violence Laws in Nevada
Charges arise when an individual has had a criminal complaint filed against him or her by the City Attorney. A criminal complaint may be filed as a result of the following circumstances:
• Police officers responded to a call and believe that an individual was the victim of domestic violence.
• Police officers determine that domestic violence has taken place and file a police report.
• The individual who allegedly committed the violence was arrested within 24 hours of the incident.
• Police officers submit paperwork alleging said charge to the LVMPD Domestic Violence Unit.
Because of the way laws are written, police officers and other authorities must follow certain formalities. A husband and wife may be unable to resolve a domestic issue among themselves. Once the authorities are made aware that violence may have occurred, they have an obligation to file a report and prosecute the crime. It is up to you to retain the help that you need to defend yourself.
Other instances that may fall under the definition include:
• Slapping, hitting and punching
• Threatening to physically harm an individual
• Isolating an individual
• Creating fear in another person
• Intimidating the other person
Complications of Domestic Violence Cases
In these cases, it is an unfortunate reality that the deck is often stacked against the accused. Even though the justice system maintains that an individual is “innocent until proven guilty,” there are often opportunities for preconceived notions to take the stage in one’s case. It is common for an individual to wrongfully be charged with this crime due to his appearance or stereotypical assumptions.
Domestic violence cases can quickly become complicated when other issues factor in, such as child abuse, child neglect or existing restraining orders. In these instances, the individual committing the crime may face heightened penalties. Date rape, sexual assault, or spousal abuse may also trigger heightened penalties.
Instances of battery or assault may turn into “aggravated” forms if a weapon is used. In instances of cyberstalking or aggravated stalking, a person may be prevented from having any further contact with the other individual.
To file charges, one must first file a written police report. It is important that an individual call the police as soon as possible after the crime has occurred. The police will arrive at the scene and record any statements that you may have. The prosecution will be responsible for filing criminal charges that are associated with one’s case.
Felony and Misdemeanor Domestic Violence Charges
For a misdemeanor battery charge – more common than felony; an individual may face a fine of up to $1,000 and up to 180 day in jail. That being said, a charge can rise to the level of a felony if a weapon was used or if the victim sustained permanent, physical suffering as a result.
It is vital to get in touch with an experienced domestic violence lawyer as soon as possible by calling 702-565-0473. John F Marchiano Law Corporation will also help you prepare for any testimony that you are required to provide in court. If you have received a subpoena, then you will likely be required to testify in court. Your domestic violence lawyer will be able to help through all stages of your case.
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