Effective Defenses for Domestic Violence Charges in Las Vegas
If you are facing domestically violence charges in Las Vegas, it's important to understand that being charged does not necessarily mean you will be convicted. There are several legal defenses that can be employed to fight the charges, depending on the specific facts and circumstances of your case. An experienced defense attorney like Josh Tomsheck, a nationally board-certified criminal trial lawyer and registered specialist in criminal law with the State Bar of Nevada, will analyze the evidence and use strategic defenses to protect your rights.
Josh Tomsheck has successfully represented thousands of clients facing domestic violence charges in Nevada. He understands the complexities of domestic violence cases and has a strong track record of securing dismissals, acquittals, and reduced charges for his clients. In this guide, we'll explore some of the most common defenses used in domestic violence cases in Las Vegas.
Self-Defense
One of the most common and effective defenses in domestic violence cases is self-defense. In Nevada, you have the legal right to defend yourself if you are being physically attacked or reasonably believe that you are in imminent danger of harm. Self-defense can be claimed if you acted to protect yourself from an assault or other violent act by the alleged victim.
To successfully use self-defense as a defense in a domestic violence case, certain conditions must be met:
Reasonable belief of imminent harm: You must have had a reasonable belief that you were in immediate danger of being harmed by the alleged victim. For example, if the alleged victim was physically assaulting you or threatening you with violence, self-defense may be a valid defense.
Proportional response: The force you used to defend yourself must have been proportionate to the threat. For instance, if the alleged victim was hitting or threatening you with bodily harm, and you responded with an appropriate level of force to stop the attack, your actions may be justified as self-defense.
Josh Tomsheck has successfully defended many clients by proving that they acted in self-defense. He meticulously investigates the circumstances of each case, gathering evidence such as witness statements, medical records, and photographs of injuries to build a strong defense.
False Allegations
False allegations of domestic violence are unfortunately not uncommon, particularly in situations involving contentious divorces, child custody disputes, or breakups. In some cases, one party may falsely accuse the other of domestic violence in order to gain leverage in a divorce, obtain sole custody of children, or seek revenge.
If you have been falsely accused of domestic violence, Josh Tomsheck can help you expose the truth. He will thoroughly investigate the alleged victim's motives for making the accusation and look for inconsistencies in their story. In some cases, it can be shown that the alleged victim has a history of making false accusations or has a motive to lie, such as attempting to gain the upper hand in a legal proceeding.
Josh Tomsheck will also gather evidence to support your version of events, including text messages, emails, social media posts, and witness testimony. By presenting this evidence to the court, he can cast doubt on the alleged victim's credibility and demonstrate that the accusations are false.
Lack of Evidence
In any criminal case, the prosecution has the burden of proving the defendant's guilt beyond a reasonable doubt. In domestic violence cases, this often requires strong evidence, such as eyewitness testimony, physical injuries, or video footage. If the prosecution's evidence is weak or insufficient, the defense may argue that there is a lack of evidence to support a conviction.
For example, if there are no witnesses to the alleged domestic violence incident, and the only evidence is the alleged victim's word against the defendant's, this may not be enough to secure a conviction. Additionally, if there are no physical injuries or other corroborating evidence, it may be difficult for the prosecution to prove that domestic violence occurred.
Josh Tomsheck has successfully defended clients by challenging the sufficiency of the evidence. He will carefully review the prosecution's evidence and look for weaknesses, such as inconsistencies in the alleged victim's testimony or a lack of credible evidence. In some cases, Josh has been able to get charges dismissed or reduced by demonstrating that the prosecution's evidence is insufficient to meet the legal standard of proof.
Accidental Injuries
Another possible defense to domestic violence charges is that the alleged injuries were accidental and not the result of an intentional act of violence. For example, in some cases, an argument or altercation may result in one party accidentally causing harm to the other without intending to do so.
To use this defense, it's important to show that the injury was unintentional and occurred during a non-violent interaction. For instance, if the alleged victim tripped and fell during an argument or if the defendant was acting in self-defense and accidentally caused an injury, this could serve as a defense.
Accidental injuries can be a strong defense when supported by evidence, such as medical records, witness testimony, and the circumstances of the incident. Josh Tomsheck has successfully defended clients by demonstrating that the alleged injuries were not the result of intentional violence but rather an unfortunate accident.
Police Misconduct or Errors
In some cases, police misconduct or errors in the investigation may provide a viable defense to domestic violence charges. Law enforcement officers are required to follow strict procedures when responding to domestic violence incidents, including properly documenting evidence, reading suspects their Miranda rights, and conducting a thorough and unbiased investigation.
If the police violated your rights or made critical errors during the investigation, the evidence they gathered may be inadmissible in court. Common examples of police misconduct or errors include:
Failure to read Miranda rights: If the police failed to inform you of your rights before interrogating you, any statements you made may be excluded from evidence.
Improperly gathered evidence: If the police conducted an illegal search or seizure, any evidence they obtained as a result may be excluded. Likewise, if the police failed to preserve evidence that they should have, this can lead to a Motion to dismiss or a favorable instruction at the time of trial.
Bias or one-sided investigation: In some cases, law enforcement may focus only on the alleged victim's side of the story and fail to investigate possible defenses, such as self-defense or false allegations.
Josh Tomsheck is highly skilled at identifying police errors and misconduct in domestic violence cases. He will carefully review the police report and investigation to determine whether any procedural errors occurred. If your rights were violated, Josh can file a motion to suppress evidence or even seek to have the charges dismissed.
Lack of Intent
In Nevada, domestic violence is considered a specific intent crime, meaning that the prosecution must prove that the defendant intended to commit the violent act. If the defendant did not have the intent to harm the alleged victim, this can serve as a defense.
For example, if an argument escalated and the defendant accidentally caused harm without intending to do so, this may not meet the legal standard for domestic violence. Similarly, if the defendant was acting in self-defense or defense of others, they may not have had the intent to commit domestic violence.
Josh Tomsheck has successfully used the lack of intent defense in many domestic violence cases. By demonstrating that the defendant's actions were accidental or unintentional, Josh can argue that the charges should be dismissed or reduced.
Contact Hofland & Tomsheck for Expert Defense
If you are facing domestic violence charges in Las Vegas, having an experienced and knowledgeable defense attorney on your side is crucial. Josh Tomsheck has defended thousands of clients against domestic violence charges and has a strong track record of achieving favorable outcomes. Whether through self-defense, challenging false allegations, or exposing police misconduct, Josh Tomsheck will build a strong defense tailored to your case.
Contact Hofland & Tomsheck today for a free consultation and learn how Josh Tomsheck can help you navigate the legal process and protect your rights.
