Las Vegas Battery Domestic Violence (BDV) Defense Law Center:
Everything You Need to Know About Domestic Battery Charges in Nevada and How to Defend Them
Featuring Top Las Vegas Domestic Violence Defense Lawyer,
Author, Instructor and Nevada Criminal Law Expert Josh Tomsheck
On this page, you will find everything you need to know about the law in Nevada as it relates to the crime of battery constituting domestic violence, also known as domestic violence, domestic battery, or simply BDV. Here you will find resources related to battery domestic violence issues, a comprehensive listing and explanation of Nevada statutory and case law, information about the types of battery domestic violence charges that exist in Las Vegas and throughout Nevada and how best to defend them. Here, at the Las Vegas domestic violence defense law center, brought to you by nationally board-certified criminal lawyer Josh Tomsheck of the law firm of Hofland & Tomsheck, you will find the single most comprehensive resource for those facing serious domestic violence charges in Nevada. We hope this page answers any questions you may have and invite you to call us anytime to schedule a no cost consultation to discuss your situation.
Understanding Battery Domestic Violence in Las Vegas
Battery domestic violence (BDV), also known as domestic battery, is one of the most commonly charged criminal offenses in Nevada, but it carries serious consequences that can impact every aspect of your life. In Nevada, BDV charges are brought against individuals accused of committing physical harm or unwanted physical contact against a spouse, partner, family member, or cohabitant. Under Nevada Revised Statutes (NRS) 200.485, domestic battery is a criminal offense, and penalties can be severe, including jail time, hefty fines, and the long-term consequences of a criminal record, loss of gun rights, and social stigma.
Nevada Domestic Battery Laws
Under Nevada law, battery domestic violence occurs when one person intentionally uses force or violence against another person with whom they share a domestic relationship. This includes:
Spouses or ex-spouse
Current or former dating partners
Co-parents
Relatives by blood or marriage
People who live together or have lived together
It's important to note that Nevada law does not require visible injuries for a domestic battery charge to be filed. Even minor contact can lead to an arrest if it is deemed offensive or harmful by the alleged victim.
Types of Domestic Battery Charges in Las Vegas
First-Time Domestic Battery Offense: A first offense is typically charged as a misdemeanor. Penalties include up to six months in jail, fines ranging from $200 to $1,000, mandatory domestic violence counseling, and community service. Additionally, you will face a mandatory 48-hour jail sentence if convicted, and you may lose your right to possess firearms. NRS 200.485
Second Domestic Battery Offense: A second offense within seven years is also classified as a misdemeanor but carries harsher penalties, including a mandatory 10 days in jail, higher fines, longer counseling sessions, and loss of gun rights. NRS 200.485
Third Domestic Battery Offense: A third offense within seven years is a category C felony, punishable by one to five years in state prison and fines of up to $10,000. You will also permanently lose your right to possess firearms and may face difficulties with employment and housing due to your felony record. NRS 200.485
Battery Domestic Violence with Substantial Bodily Harm: If the alleged victim sustains serious injuries, the charge is elevated to a felony, with penalties ranging from one to 15 years in prison and significant fines.
Battery Domestic Violence by Strangulation: Strangulation is considered a particularly dangerous form of BDV, and if convicted, it is a category C felony, carrying a sentence of one to five years in prison. NRS 200.485. NRS 193.130
Assault with a Deadly Weapon Constituting Domestic Violence This is a serious offense classified as a category B felony, punishable by two to ten years in state prison and fines up to $10,000. In addition to these penalties, individuals convicted of this crime will permanently lose their right to possess firearms. This charge can also lead to lasting consequences such as employment difficulties, housing challenges, and a felony record that can affect future opportunities. NRS 200.471, NRS 33.018
Battery Which Constitutes Domestic Violence on a Pregnant Victim If the victim is pregnant at the time of the battery, this offense is treated with increased severity. A conviction can result in category C felony charges, with penalties including one to five years in state prison and fines up to $10,000. Additionally, a felony conviction for domestic violence involving a pregnant victim will result in the permanent loss of firearm rights and long-term consequences for employment and housing due to the felony record. NRS 200.485
Defending Against Domestic Battery Charges: Legal Strategies
Challenging the Arrest and Investigation
One of the most important defenses in a BDV case is examining the circumstances surrounding the arrest. Law enforcement officers are often required to make quick decisions when responding to domestic violence calls, and this can lead to wrongful arrests. If the police failed to properly investigate the situation, did not have probable cause to arrest you, or violated your constitutional rights, your attorney can file a motion to suppress the evidence or have the charges dismissed.
Disputing the Allegations and Evidence
Domestic battery cases often involve conflicting stories and a lack of physical evidence. Josh Tomsheck has extensive experience in cross-examining witnesses and disputing the allegations of the accuser. By scrutinizing the credibility of the alleged victim's testimony and challenging the evidence presented, such as photos or medical reports, we can build a strong defense. In some cases, the alleged victim may even recant their statement or admit that the incident was fabricated.
Self-Defense and Defense of Others
In some cases, domestic battery charges are the result of actions taken in self-defense or in the defense of others. Nevada law allows for the use of reasonable force if you were acting to protect yourself or someone else from imminent harm. We will thoroughly investigate the circumstances of the incident to determine if a self-defense claim is viable in your case.
Accidental Contact
Accidental or unintentional contact does not meet the legal definition of battery. If the contact was incidental, accidental, or unintentional, this can be a powerful defense against BDV charges. Josh Tomsheck will work to show that the incident was not a deliberate act of battery and that the charges should be dropped.
Negotiating Reduced Charges or Dismissals
If the evidence against you is strong, a skilled defense attorney can negotiate for reduced charges, such as disorderly conduct or breach of peace, which carry less severe penalties than a BDV conviction. In some cases, we may also be able to secure a dismissal of the charges if the alleged victim does not wish to pursue the case or if there is insufficient evidence to convict.
What to Expect in a Las Vegas Domestic Battery Case
The Arraignment
Your first court appearance will be an arraignment, where you will be formally charged and asked to enter a plea. Having legal representation at this stage is crucial to protect your rights and to ensure you do not unintentionally harm your defense. In fact, if you hire Josh Tomsheck for your Las Vegas Domestic Violence case, you likely will not even need to appear for your arraignment, as Mr. Tomsheck will make the appearance on your behalf.
Pre-Trial Conferences and Motions
During the pre-trial phase, your attorney will file motions to suppress evidence, dismiss the case, or challenge the charges. This phase is critical, as many cases can be resolved without going to trial. Josh Tomsheck has an excellent track record of negotiating favorable outcomes at this stage.
Trial
If your case goes to trial, Josh Tomsheck will craft a powerful defense strategy, presenting evidence, cross-examining witnesses, and challenging the prosecution's case. His experience as a former Chief Deputy District Attorney gives him unique insight into how the prosecution builds its case, allowing him to anticipate their strategies and counter them effectively.
Sentencing and Penalties
If convicted, the judge will impose penalties based on Nevada's BDV laws. However, your attorney can argue for lenient sentencing, taking into account mitigating factors such as your lack of prior criminal history, any steps you've taken toward rehabilitation, or the nature of the incident.
Appeal
After sentencing is imposed, you have a short time to file a Notice of Appeal, usually 10 days after a Misdemeanor conviction or 30 days after the Judgment of Conviction is entered on a Felony. Once the Notice is filed, there will be numerous deadlines for the filing of a particular document and the case can proceed to briefing, argument and appellate decision.
Why Choose Josh Tomsheck for Your Domestic Battery Defense?
If you've been charged with domestic battery in Las Vegas, you need a skilled defense attorney who understands both the complexities of BDV cases and how to navigate the local legal system. Battery domestic violence laws are different, both and how they are investigated by law enforcement, and how they are prosecuted by the city or state. Attorney Josh Tomsheck, a nationally board-certified criminal trial lawyer and a former Chief Deputy District Attorney in Clark County, has successfully handled thousands of domestic violence cases. At the law firm of Hofland & Tomsheck, we are dedicated to providing a strong and strategic defense for those facing domestic violence charges in Las Vegas Justice Court, Las Vegas Municipal Court, and Clark County District Court, as well as the surrounding communities throughout Nevada. In the thousands of domestic battery cases defended by Mr. Tomsheck he has achieved hundreds of dismissals, reductions, and not guilty verdicts. He has convinced state and city prosecutors do not file criminal charges or to abandon their prosecution entirely. Josh's expertise in Nevada's domestic battery laws are unmatched in Nevada and his familiarity with the local court system make him uniquely qualified to provide a strong and strategic defense. It is widely known that Mr. Tomsheck is one of the best and most respected criminal defense attorneys in all of Nevada.
At Hofland & Tomsheck, we understand the serious impact a domestic battery conviction can have on your life, your relationships, and your future. Our team is committed to protecting your rights, your reputation, and your freedom. If you are being investigated or have been charged with battery domestic violence in Las Vegas, don't face it alone. you want the best defense possible and we take pride in providing pride in providing just that... the best defense for your Las Vegas domestic violence charges.
Contact us today for a confidential consultation and let us help you through this challenging time.
Serious Defense for Serious DV Charges
Hofland & Tomsheck
228 S. 4th Street, First Floor, Suite B
Las Vegas, NV 89101
Phone: 702-895-6760