Las Vegas Domestic Battery Defense Lawyer
Serious Defense for Serious Battery Domestic Violence Charges
If you are facing Battery Domestic Violence (BDV) charges in Las Vegas, it's critical to understand the potential consequences and what's at stake. Whether this is your first interaction with the criminal justice system or a subsequent offense, the impact can be life-altering. Penalties such as jail time, significant fines, and long-term damage to your reputation are just some of the challenges you may face. In such serious situations, having a knowledgeable and experienced lawyer on your side can make all the difference.
Josh Tomsheck: Board Certified Advocate with Proven Results
Josh Tomsheck, founder of the LV NV DV Defense Center and partner at Hofland & Tomsheck, is a nationally recognized criminal trial lawyer with years of experience defending against BDV charges. As a former Chief Deputy District Attorney in Clark County and a board-certified criminal trial specialist, Josh has unique insights into how these cases are prosecuted and the best strategies to defend them. His track record of achieving successful outcomes, from dismissals to reduced charges, makes him one of the most trusted BDV defense attorneys in Nevada.
Can Battery Domestic Violence Charges Be Dismissed?
One of the most common questions asked by clients is whether a BDV charge can be dismissed. The answer varies depending on the specifics of the case, but there are numerous defenses that can lead to a favorable outcome. Josh Tomsheck has successfully represented clients by identifying weaknesses in the prosecution's case, such as procedural errors, unreliable witness statements, or constitutional violations. His thorough approach to examining every detail ensures no stone is left unturned in pursuit of a dismissal or reduction in charges.
With his experience and skill in defending BDV allegations in Las Vegas and throughout Nevada, Mr. Tomsheck has had hundreds of cases completely dismissed, meaning no conviction, no penalty and a normal life.
In situations where dismissal may not be possible, Josh is often able to negotiate lesser charges such as simple battery, which carries lighter penalties and doesn't come with mandatory sentencing enhancements or collateral consequences.
Felony Battery Domestic Violence Charges
While BDV is typically charged as a misdemeanor, certain factors can elevate it to a felony, leading to much harsher penalties. Some of the situations that can result in a felony BDV charge in Nevada include:
-
Third Offense: A third BDV conviction within seven years can result in a Category C Felony under NRS 200.485(1)(c), punishable by 1 to 5 years in prison and up to $10,000 in fines.
-
Substantial Bodily Harm: If the alleged victim suffers significant injuries, the BDV charge can be upgraded to a Category B Felony, with penalties of 1 to 6 years in prison and up to $10,000 in fines.
-
Strangulation: A BDV offense involving strangulation is automatically treated as a felony under NRS 200.481(2)(k). The consequences include 1 to 5 years in prison and fines up to $10,000.
-
Use of a Deadly Weapon: If a weapon is used during the incident, the charge could be elevated to a Category B Felony, resulting in 2 to 10 years in prison.
-
BDV Against a Pregnant Victim: If the alleged victim is pregnant and the defendant knew or should have known, the charge can range from a gross misdemeanor to a Category B Felony, depending on prior offenses.
Felony BDV convictions can lead to devastating consequences, including the loss of certain rights, a permanent criminal record, and challenges in securing employment. Josh Tomsheck's expertise in felony cases equips him to build the strongest possible defense to avoid or mitigate these penalties.
First-Time Battery Domestic Violence Penalties
Even a first-time BDV conviction in Nevada carries serious consequences. Under NRS 200.485(1), penalties for a misdemeanor conviction may include:
- Fines ranging from $200 to $1,000.
- Mandatory attendance in a domestic violence counseling program.
- 48 to 120 hours of community service.
- 2 days to 6 months in jail.
- Loss of firearm rights under federal law.
While these penalties can significantly disrupt your life, Josh Tomsheck works tirelessly to minimize the impact on your future. His defense strategies are designed to reduce or eliminate the consequences of a first-time offense.
Penalties for a Second BDV Conviction
A second BDV offense within seven years brings even harsher penalties, such as:
- Fines of $500 to $1,000.
- Increased domestic violence counseling requirements.
- Mandatory jail time of at least 20 days.
- 100 to 200 hours of community service.
- Permanent loss of firearm rights.
Josh Tomsheck's experience in handling repeat BDV offenses helps him to secure the best possible outcomes for his clients, often through reduced charges or alternative sentencing options.
Court Representation
One of the key benefits of hiring Josh Tomsheck for misdemeanor BDV charges is that he may be able to represent you in court without requiring your presence at every hearing. This can save you the stress and inconvenience of attending multiple court dates. In felony cases, however, certain court appearances, such as arraignments and trials, will require your presence. Josh's proactive defense strategies aim to resolve cases early, sparing you the uncertainty and anxiety of a lengthy legal process.
In cases that need to go to Trial, Mr. Tomsheck is one of the most experienced and accomplished criminal Trial attorneys in the entire State of Nevada and throughout the Western United States. A 9 time selection as a Mountain State's "Super Lawyer," Josh has secured complete not guilty verdicts in Trials involving every type of crime in Nevada, from Misdemeanors to Murder. These NOT GUILTY verdicts include countless victories in Battery Domestic Violence cases.
Collateral Consequences: Background Checks and Record Sealing
Beyond the legal penalties, a BDV conviction can affect many areas of your life, including:
-
Background Checks: A BDV conviction, whether misdemeanor or felony, will appear on your criminal record, potentially limiting your employment and housing opportunities.
-
Record Sealing: In some cases, Josh can help clients seal their misdemeanor BDV records after seven years, as allowed under NRS 179.245. Felony convictions are much harder to seal, but Josh's expertise in record sealing can help you regain your reputation.
-
Loss of Firearm Rights: Both federal and Nevada state law prohibit those convicted of BDV from owning or possessing firearms. Josh's goal is to avoid a conviction or negotiate a lesser charge to preserve your rights and make sure you don't lose your privilege's under the Second Amendment.
Defending Against a Battery Domestic Violence Charge
Josh Tomsheck uses several effective defense strategies to challenge BDV charges, including:
-
Challenging the Evidence: He scrutinizes the evidence for inconsistencies and lack of proof.
-
Self-Defense: If you acted in self-defense, Josh will argue that your actions were justified under Nevada law.
-
False Allegations: In many BDV cases, accusations are made out of personal vendetta or custody disputes. Josh can expose these false claims to achieve dismissals or reduced charges.
-
Lack of Intent: To prove battery, the prosecution must show intent to cause harm. Accidental incidents can be strong defenses in these cases.
Contact Josh Tomsheck at the LV NV DV Defense Center Today
When facing a BDV charge, it's essential to have an experienced attorney who understands Nevada’s domestic violence laws and will fight for your future. Josh Tomsheck at the LV NV DV Defense Center is ready to provide the defense you need.
