Domestic Violence Charges in Nevada: Legal Defenses and Next Steps

Facing domestic violence charges in Nevada is a serious matter with potentially life-altering consequences. If convicted, you could face jail time, hefty fines, mandatory counseling, and a permanent criminal record. In some cases, a conviction may also impact your child custody rights, employment opportunities, and firearm possession rights.

If you or a loved one has been charged with domestic violence in Las Vegas, it’s essential to understand your legal rights and defense options. At Baker Law Group, our experienced Las Vegas criminal lawyers provide aggressive legal representation to individuals facing domestic violence allegations. This guide explores Nevada’s domestic violence laws, possible defenses, and the steps you should take if charged.

What Is Considered Domestic Violence in Nevada?

Nevada law defines domestic violence under NRS 200.485, which includes various offenses committed against a current or former spouse, dating partner, household member, or co-parent. Common actions that may lead to a domestic violence charge include:

• Physical harm (punching, hitting, slapping, or pushing)

• Threats of violence that create fear of immediate harm

• Strangulation or choking

• Sexual assault or coercion

• Property damage or unlawful entry into the victim’s home

• Harassment, stalking, or cyberstalking

• Unlawful restraint or false imprisonment

Even a first-time domestic violence conviction in Nevada carries mandatory penalties, including jail time, fines, and completion of counseling programs. The severity of the penalties depends on whether the charge is classified as a misdemeanor or felony.

Penalties for Domestic Violence in Nevada

Nevada law imposes strict penalties on those convicted of domestic violence:

• First Offense (Misdemeanor)
   

  • 2 days to 6 months in jail

  • Up to $1,000 in fines

  • 48-120 hours of community service

  • Mandatory domestic violence counseling

• Second Offense (Misdemeanor within 7 years)
   

  • 10 days to 6 months in jail

  • Up to $1,000 in fines

  • 100-200 hours of community service

  • Mandatory counseling

• Third Offense (Felony within 7 years)
   

  • 1-5 years in Nevada state prison

  • Significant fines

  • Permanent loss of firearm rights

Additionally, domestic violence with strangulation, use of a deadly weapon, or involving serious bodily harm is automatically a felony.

Legal Defenses Against Domestic Violence Charges in Nevada

At Baker Law Group, our Las Vegas criminal lawyers aggressively defend clients against domestic violence charges. While every case is unique, the following legal defenses may apply:

1. False Accusations or Fabricated Charges

It’s not uncommon for people to falsely accuse someone of domestic violence out of anger, revenge, or a custody dispute. If there is evidence that the alleged victim is lying or exaggerating, your attorney can challenge their credibility and present evidence proving the accusations are false.

2. Self-Defense or Defense of Others

Nevada law allows individuals to use reasonable force to protect themselves or others from harm. If you were acting in self-defense, your lawyer can present evidence showing that the alleged victim was the aggressor and that you had a legal right to defend yourself.

3. Lack of Evidence

Prosecutors must prove their case beyond a reasonable doubt. If there is no physical evidence, no witnesses, or conflicting statements, your lawyer may argue that the prosecution cannot meet its burden of proof.

4. Accidental Injury

Sometimes, injuries occur accidentally during an argument or physical struggle. If you did not intentionally cause harm, your lawyer can argue that the incident was an unintentional accident rather than domestic violence.

5. Violation of Constitutional Rights

If law enforcement violated your rights—such as arresting you without probable cause, failing to read your Miranda rights, or conducting an unlawful search—your attorney may seek to have the charges dismissed.

Next Steps If You’ve Been Charged with Domestic Violence

1. Do Not Contact the Alleged Victim

A common mistake after an arrest is trying to reach out to the alleged victim to explain or apologize. However, if there is a protective order (restraining order) in place, any contact could lead to additional charges.

2. Avoid Discussing Your Case with Anyone But Your Lawyer

Anything you say to the police, the alleged victim, or even on social media can be used against you in court. It’s best to remain silent and only discuss your case with a qualified Las Vegas criminal lawyer.

3. Gather Evidence and Witnesses

If possible, collect text messages, emails, security footage, or witness statements that may support your defense. Your attorney can use this evidence to challenge the prosecution’s case.

4. Contact a Las Vegas Criminal Lawyer Immediately

Domestic violence cases move quickly in Nevada courts. Hiring an experienced criminal defense lawyer as soon as possible can improve your chances of a favorable outcome. A skilled attorney can negotiate for reduced charges, case dismissal, or alternative sentencing options to keep a conviction off your record.

Contact a Las Vegas Criminal Lawyer

If you are facing domestic violence charges in Las Vegas, you need an aggressive and knowledgeable defense attorney on your side. At Baker Law Group, we understand that false accusations, misunderstandings, and self-defense claims often lead to wrongful domestic violence arrests.

Our experienced Las Vegas criminal lawyers are dedicated to protecting your rights, reputation, and future. We thoroughly investigate each case, challenge weak evidence, and work tirelessly to achieve the best possible outcome for our clients.

Don’t face these charges alone. Contact Baker Law Group today to schedule a confidential consultation and build your defense. Call our office or fill out our online form to get immediate legal assistance.