10 Essential Facts About Battery Domestic Violence in Nevada
What You Need to Know
If you've been charged with battery domestic violence (BDV) in Nevada, it's important to understand the gravity of the situation. Battery domestic violence is treated as a serious crime in Nevada, with far-reaching consequences, both legally and personally. Attorney Josh Tomsheck, a nationally board-certified criminal trial lawyer and former Chief Deputy District Attorney, has extensive experience defending individuals facing BDV charges. Below are 10 crucial things you need to know about domestic battery charges in Nevada and how Josh Tomsheck and his team at Hofland & Tomsheck can help protect your rights.
1. Battery Domestic Violence Defined
Battery domestic violence involves the unlawful use of physical force against someone with whom the accused shares a domestic relationship. This can include spouses, dating partners, family members, co-parents, or individuals living in the same household. Under Nevada law, even minor physical contact that results in no visible injury can lead to charges if it is deemed offensive or unwanted. Battery, in the domestic context, can range from pushing or slapping to more severe acts of violence.
2. Arrests Are Often Mandatory in Nevada
Nevada law mandates that law enforcement arrest the alleged aggressor when they respond to a domestic violence call and have probable cause to believe that battery has occurred. This means that even in cases where there are conflicting stories or no visible injuries, the police are required to make an arrest if they believe a domestic battery occurred. Unfortunately, this can lead to wrongful arrests, and it is crucial to have an experienced attorney like Josh Tomsheck to advocate for you from the beginning.
3. BDV Penalties Are Severe
The penalties for battery domestic violence in Nevada are severe and escalate with each subsequent offense. For a first-time misdemeanor BDV conviction, the penalties may include:
• Up to six months in jail
• A fine ranging from $200 to $1,000
• Mandatory domestic violence counseling
• Community service
• Loss of gun rights for the duration of the sentence
Second offenses within seven years carry more stringent penalties, including a minimum of 10 days in jail. A third offense within seven years becomes a felony, with the possibility of 1-5 years in Nevada State Prison.
4. Gun Rights Are Impacted by BDV Convictions
One of the most significant consequences of a BDV conviction is the loss of your right to own or possess firearms. Under federal law, any conviction for misdemeanor domestic violence results in a lifetime ban on firearm ownership. In recent years, that has become the law in Nevada as well. Pursuant to NRS 202.360(a), it is a Category B Felony for any individual to own or possess a firearm after a BDV conviction. This can have serious implications for those whose jobs or personal lives require the use of firearms, such as members of law enforcement, security personnel, or military service members. Josh Tomsheck has successfully helped clients avoid BDV convictions and maintain their Second Amendment rights.
5. BDV Charges Often Arise Misunderstandings or False Allegations
In some cases, domestic violence charges stem from misunderstandings, exaggerated claims, or false accusations. Heated arguments can escalate into accusations of physical violence, even when no battery occurred. Additionally, BDV charges can sometimes be used as a tactic in child custody disputes or divorce cases. Josh Tomsheck has successfully defended clients by exposing false or exaggerated claims and ensuring that their rights are protected throughout the legal process.
6. Nevada Law Doesn't Require Injuries for a BDV Conviction
You don't have to inflict serious injuries—or any injuries at all—to be charged and convicted of domestic battery. Nevada law focuses on unwanted physical contact. As long as the contact is intentional and deemed offensive by the alleged victim, it can result in charges. This can include minor acts such as shoving or grabbing. Josh Tomsheck will work to challenge these accusations and provide a strong defense against charges based on minimal or disputed contact.
7. All Domestic Violence Convictions Carry Mandatory Jail or Prison Time
In Nevada, every domestic violence conviction—whether it's a misdemeanor or felony—includes mandatory jail or prison time. For first-time misdemeanor convictions, the law requires a minimum of two days in jail. This minimum jail time cannot be suspended or waived by the court. For second offenses, the jail time increases to a minimum of 10 days, and for third offenses, the penalties escalate significantly, leading to 1 to 6 years in Nevada State Prison for felony domestic battery. All Nevada BDV Felonies are non-probationable.
Unlike other offenses, domestic battery convictions in Nevada do not allow for the option of avoiding jail or prison time altogether, even if it's your first offense. Nevada law is clear that jail time is a mandatory component of any domestic battery sentence. It's important to work with an experienced attorney like Josh Tomsheck, who can help mitigate the consequences of the conviction, but the law mandates that some period of incarceration will be part of the sentence for any BDV conviction.
8. Self-Defense is a Valid Legal Defense
In many cases, individuals accused of domestic battery were actually acting in self-defense or in defense of others. If you were trying to protect yourself or someone else from harm, you may be able to raise this defense in court. Nevada law allows the use of reasonable force to protect yourself from imminent danger. Josh Tomsheck will meticulously review the facts of your case to determine whether self-defense applies and will build a compelling case on your behalf.
9. BDV Convictions Have Long-Term Consequences
In addition to jail time, fines, and mandatory counseling, a BDV conviction can have long-term consequences that affect various aspects of your life. These include difficulties securing employment, housing, and professional licenses. A conviction can also impact your child custody rights and result in a permanent criminal record. Josh Tomsheck understands how devastating these consequences can be and works to minimize the impact of the charges on his clients' futures.
10. You Need a Skilled BDV Defense Lawyer
If you are facing battery domestic violence charges, it's critical to have a skilled defense attorney by your side. Josh Tomsheck is a former Chief Deputy District Attorney who has handled thousands of domestic violence cases in Nevada. He knows how prosecutors build their cases and uses this insider knowledge to develop effective defense strategies. Whether negotiating for reduced charges or preparing for trial, Josh Tomsheck is committed to protecting your rights and fighting for the best possible outcome in your case.
Contact Josh Tomsheck for Your BDV Defense
At Hofland & Tomsheck, we understand the stress and uncertainty that comes with facing domestic battery charges. Attorney Josh Tomsheck is dedicated to providing a strong, strategic defense for clients charged with BDV in Nevada. If you've been accused of domestic battery, don't navigate this challenging time alone. Contact us today for a confidential consultation, and let us put our experience to work for you.
Serious Defense for Serious DV Charges
Hofland & Tomsheck
228 S. 4th Street, 1st Floor, Suite B,
Las Vegas, NV 89101
Phone: 702-895-6760
