Appealing a Domestic Violence Conviction in Nevada

Convictions for Battery Domestic Violence (BDV), or Domestic Battery, can bring harsh consequences, including jail time, fines, mandatory counseling, and a permanent stain on your personal record. If you've been found guilty of a domestic violence charge in Nevada, particularly a first or second offense, it is crucial to know that you have the right to challenge the verdict. Whether the trial process was flawed, your rights were violated, or evidence was mishandled, the appeals process can offer an opportunity to seek justice.

 

At Hofland & Tomsheck, we understand how critical it is to ensure a fair trial. Our team, led by Josh Tomsheck, a Nationally Board Certified Criminal Trial Lawyer, is experienced in handling Domestic Violence Appeals cases throughout Nevada. We represent clients in Las Vegas, North Las Vegas, Henderson, and across the state, providing the skilled representation needed to challenge unfair convictions and seek better outcomes. Whether your conviction resulted from a Justice Court or Municipal Court ruling, we are prepared to guide you through the complex appellate process.

 

Domestic violence convictions, even for first and second offenses, can have devastating effects on your future. Beyond the immediate legal penalties—such as jail time, probation, fines, and mandatory counseling—there are long-term consequences. These include:

 

Permanent criminal record, making it difficult to secure employment, housing, and professional licenses.

 

Restrictions on firearm ownership, which is automatic upon a domestic violence conviction.

 

Stigma and social consequences, affecting your personal relationships and reputation.

 

Complications in family law matters, such as child custody and visitation rights.

 

If you believe errors occurred during your trial, whether through procedural issues or violations of your constitutional rights, filing an appeal could be your best course of action to mitigate these lasting impacts.

 

Filing an appeal after a domestic violence conviction in Nevada is a time-sensitive and detail-oriented process. You must act quickly and work with an experienced appellate attorney to ensure your case is presented effectively. The appeal is not a new trial but a review of the legal procedures in your case, assessing whether errors occurred that may have affected the outcome.

 

1. File a Notice of Appeal: The first and most critical step is filing a Notice of Appeal within 10 days of your conviction or sentencing. This brief document signals your intention to challenge the ruling, but failure to meet this deadline can result in the loss of your right to appeal.

 

2. Compile the Appellate Brief: Your attorney will then craft an appellate brief, a legal document that details the specific errors or constitutional violations that occurred during the trial. In domestic violence cases, this might include improper admission of evidence, incorrect jury instructions, or failure to allow cross-examination of witnesses.

 

3. The Prosecution's Response: After submitting your appellate brief, the District Attorney will file a response defending the conviction. Your attorney will have the opportunity to address these points through a reply brief.

 

4. Oral Arguments: Depending on the complexity of the issues raised, the court may schedule oral arguments where your attorney can further explain the key points of the appeal. Oral arguments provide an opportunity to emphasize the most critical errors made during the trial.

 

5. Court Decision: After reviewing the briefs and any oral arguments, the District Court will issue a decision. The court can either affirm the original conviction, reverse it, or send the case back to trial. In some cases, the court may also reduce the penalties or modify probation terms if sentencing errors were made.

 

There are several legal grounds that may justify an appeal in a domestic violence case. These include:

 

Errors in evidence handling: Domestic violence cases often involve sensitive evidence, such as witness statements, police reports, and medical records. If evidence was improperly admitted or excluded, it could unfairly sway the court or jury.

 

Improper Judicial Rulings:  If a judge in a BDV trial rules on issues such as evidence or interpretation of law, and makes errors, this is an issue for appeal.  This appeal gives the higher Court the chance to evaluate a trial judges decisions and determine if there is reason for a new trial.

 

Constitutional violations: If your right to confront your accuser or your right to a fair trial was infringed upon, it could form the basis of a successful appeal.

 

Insufficient evidence: If the evidence presented during the trial did not meet the legal standard of proving guilt beyond a reasonable doubt, the conviction can be overturned in certain circumstances.

 

Jury instruction errors: In Nevada, even misdemeanor Domestic Violence cases come with the potential of a Jury Trial.  If the jury is improperly instructed, this can be one of the best reasons to appeal a conviction and overturn a case.  Misleading or incorrect jury instructions regarding the definitions various legal rules of law can cause confusion and lead to wrongful convictions.

 

Appealing a domestic violence conviction is governed by NRS 177.015, which outlines the right to appeal in Nevada criminal cases. Additionally, the Nevada Rules of Appellate Procedure (NRAP) regulate the procedural aspects of filing appeals, such as the format of briefs and the timelines for oral arguments. Understanding these guidelines is crucial for ensuring that your appeal is properly filed and argued.

 

At Hofland & Tomsheck, we represent clients appealing domestic violence convictions not only in Las Vegas, but also in North Las Vegas, Henderson, Boulder City, and throughout Nevada. Whether your case was heard in a large urban court or a smaller municipal court, we are equipped to handle your appeal and fight for the best possible outcome.

 

With Josh Tomsheck's extensive background as a former Chief Deputy District Attorney and his expertise as a Nationally Board Certified Criminal Trial Lawyer, our firm is uniquely positioned to handle complex domestic violence appeals. Josh's insider knowledge of how prosecutors approach these cases, combined with his understanding of trial and appellate law, gives our clients a significant advantage when challenging convictions.

 

Our track record of success includes securing reversals of domestic violence convictions, obtaining reduced sentences, and winning new trials for clients across Nevada. Whether you are facing a first-time domestic violence conviction or appealing a second offense, we are here to help you achieve a fair and just outcome.

 

If you believe that your domestic violence conviction was the result of legal errors or violations of your rights, time is critical. Contact Hofland & Tomsheck today at (702) 895-6760 for a confidential consultation and let us help you pursue justice through the appeals process.