Las Vegas Battery Domestic Violence Defense Attorney
Winning your Domestic Violence Case
At the Las Vegas law firm of Hofland & Tomsheck, partner Josh Tomsheck specializes in defending clients facing Battery Domestic Violence (BDV) charges throughout Nevada. With over 2 decades of experience handling criminal cases in Nevada's courts, Josh Tomsheck is recognized as one of the top criminal defense attorneys in the State, with a deep understanding of how to challenge domestic violence accusations. As a Nationally Board-Certified Criminal Trial Lawyer and former Chief Deputy District Attorney in Clark County, Josh brings unique insights into how prosecutors build cases, giving him a strategic advantage when defending against BDV charges and giving you your best chance to win.
Serious Penalties for Battery Domestic Violence in Nevada
Nevada law treats Battery Domestic Violence cases with significant severity. A conviction for BDV can lead to mandatory jail time, substantial fines, mandatory counseling programs, community service, and a permanent criminal record. A domestic violence charge, whether a first-time misdemeanor or a subsequent felony, can affect your personal and professional life. Convictions often result in the loss of gun rights, damage to your reputation, and difficulty securing future employment and housing opportunities.
If you've been accused of Battery Domestic Violence in Las Vegas or anywhere in Nevada, it's crucial to act quickly. Even if the charges seem minor, the consequences of a conviction can be far-reaching. Many individuals assume that if they've been arrested, they are bound to be convicted. This is not the case. Being arrested is not the same as being convicted, and you have the right to defend yourself against these serious charges with the help of an experienced Las Vegas domestic violence defense attorney.
How to Win a Battery Domestic Violence Case in Nevada
Winning a Battery Domestic Violence case requires a comprehensive understanding of the law, the evidence, and the procedural nuances of the Nevada court system. Josh Tomsheck and the team at Hofland & Tomsheck employ proven defense strategies to challenge the prosecution's case and fight for the best possible outcome. Here's how we can build a strong defense:
Challenging the Evidence
In many Battery Domestic Violence cases, the evidence may be weak or unreliable. Allegations often arise in emotionally charged situations, such as heated arguments, divorce, or custody battles. It's not uncommon for accusations to be exaggerated or entirely false. We carefully examine the evidence, such as witness statements, medical reports, and police accounts, to identify inconsistencies, contradictions, or lack of proof. If the evidence doesn't hold up under scrutiny, it may lead to a dismissal or reduction of charges.
Self-Defense Claims
Nevada law allows individuals to defend themselves if they reasonably believe they are in imminent danger of harm. If you acted in self-defense or in defense of someone else, this can be a powerful defense against Battery Domestic Violence charges. We will gather evidence, including witness testimony, medical reports, and any available video footage, to support your self-defense claim and demonstrate that you were not the aggressor.
Challenging the Arrest Procedure
Law enforcement officers are required to follow strict procedures when investigating and making arrests for domestic violence. If the police violated your constitutional rights during the arrest or investigation—such as failing to read your Miranda rights or conducting an unlawful search—the evidence obtained as a result of these violations may be inadmissible in court. We will review the details of your arrest to determine if any procedural errors were made that could weaken the prosecution's case.
Disputing False Allegations
Unfortunately, false accusations of domestic violence are not uncommon. These allegations often arise during contentious family law disputes, such as divorce or child custody battles. In cases where the accusations are baseless or exaggerated, we will work to expose the truth by highlighting inconsistencies in the accuser's story, presenting evidence of ulterior motives, and questioning the credibility of the accuser. If we can prove that the allegations are false, we may be able to have the charges dismissed entirely.
Negotiating Reduced Charges or Dismissals
In some cases, the best strategy may be negotiating with the prosecution to reduce the charges or secure a more favorable plea agreement. While we always prepare to go to trial, we also explore every option for resolving the case as favorably as possible. By demonstrating weaknesses in the prosecution's case or presenting mitigating factors, we may be able to negotiate for a lesser charge or reduced penalties, such as avoiding jail time or reducing a felony charge to a misdemeanor.
Consequences of a Battery Domestic Violence Conviction in Nevada
Nevada law imposes harsh penalties for Battery Domestic Violence convictions, particularly if the defendant has prior offenses or if the incident involved severe injury, a deadly weapon, or a pregnant victim. Penalties include:
First Offense (Misdemeanor): Punishable by up to six months in jail, fines of up to $1,000, community service, and mandatory counseling.
Second Offense (Misdemeanor): Carries a mandatory minimum of 10 days in jail, fines of up to $1,000, and extended counseling requirements.
Third Offense (Felony): A third domestic violence offense within seven years is a Category C felony, punishable by one to five years in prison and fines up to $10,000. Felony convictions also result in the permanent loss of firearm rights.
In addition to the criminal penalties, a Battery Domestic Violence conviction can damage your reputation, lead to loss of employment, and make it difficult to secure housing. A criminal record can follow you for the rest of your life, which is why it's critical to take these charges seriously and work with a qualified defense attorney who can help you fight for your future.
Why Choose Hofland & Tomsheck for Your Domestic Violence Defense?
Josh Tomsheck has a proven track record of successfully defending clients against Battery Domestic Violence charges in Las Vegas and throughout Nevada. As a Nationally Board-Certified Criminal Lawyer and former Chief Deputy District Attorney, he has the knowledge, experience, and insight needed to build a strong defense. Josh understands how prosecutors approach domestic violence cases, and he uses this knowledge to challenge the evidence and develop effective defense strategies for his clients.
When you choose Hofland & Tomsheck, you can expect personalized, aggressive representation. We are committed to fighting for your rights and protecting your future, whether that means securing a dismissal, negotiating reduced charges, or winning your case at trial.
Contact Hofland & Tomsheck for a Free Consultation
If you've been charged with Battery Domestic Violence in Nevada, you need an experienced attorney on your side. Contact Hofland & Tomsheck today for a free consultation. We will review your case, explain your legal options, and work with you to develop a strong defense strategy. Don't face these charges alone—let us help you protect your rights and your future.
