What Constitutes Domestic Violence in Las Vegas
Under the current Nevada Statutes, you can be charged with domestic violence, aka “Battery Domestic Violence,” depending on the unique and specific circumstances of your case. A domestic violence incident can, at times, be a misdemeanor charge, but in most cases, it is a felony offense.
Additionally, under current Nevada state law, domestic violence is not limited to physical violence. It may also include sexual violence, psychological and mental abuse, and more.
To be charged with domestic violence, the incident must be perpetrated against:
- Your current or divorced spouse.
- Any person that’s related to you by either blood or marriage.
- Any person that you currently are dating or have dated.
- With any person you’ve had a child with (even if you’re not or have never been married).
Also, if the incident involves your minor child, any of the relationships above, or you are a legal guardian, domestic violence can and usually will be charged.
The first thing you must understand is that being arrested for domestic violence in Las Vegas is exceptionally severe and usually an overwhelming experience. Commonly, you’re unsure of your rights, whether you may have to go to jail, etc.
Another interesting legal fact is that in some cases, the domestic violence charge was due to you acting in self-defense. This may help you fight your case, but no matter the circumstances, you must first call a qualified, experienced, and knowledgeable Las Vegas domestic violence lawyer.
Your lawyer will “get ahead” of the prosecution, analyze the specifics of your charges, and if self-defense is indicated, will effectively and aggressively use it to mitigate or fight your domestic violence charge.
The Nevada statutes recognize self-defense as a sound legal defense against your domestic violence charge (Nevada Statutes 200.275).
Therefore, if the force you used was justified and necessary to stop the other party from harming you, you could have a sound and legally valid self-defense claim.
What Are Examples of Domestic Violence Defenses My Lawyer May Use?
Every domestic violence case differs, and the circumstances of your case will directly impact the best course of action your lawyer will take to defend you against these possibly life-changing charges.
There are several main types of defenses your lawyer may use, and some of the most common ones are;
- You simply didn’t do it – Sometimes, the victim didn’t get their injuries from you but from another person entirely. Your lawyer may prove you weren’t in the area at the time of the incident; you have an alibi and more
- The domestic abuse victim is lying – For whatever reason, the victim intended to set you up for the crime. All the pertinent details of the incident were fabricated. Your thorough and skilled defense law team will show that the victim’s injuries don’t support their version of the crime and other inconsistent details don’t fit.
- You acted in self-defense – You were not the aggressor in the incident but made out to look like it was you who instigated the violence. Your lawyer will show that you defended yourself (and possibly others in the home, and self-defense becomes extremely viable to support legally. To prove self-defense, your experienced lawyer will look for facts that support violent behavior by the victim. For example, wounds you obtained and information in the official police report. If the right circumstances are present, self-defense can be highly effective as grounds for mitigating or dropping the charges against you.
- There isn’t enough evidence to support the charges – Although you may have committed the violent act, circumstances surrounding the incident, such as improper investigation, etc. can result in the lack of evidence. Therefore, the charges cannot be proven.
I’ve Been Arrested for Domestic Violence, Can a “Self-Defense” Plea Help Me?
Proving self-defense in a domestic violence case is often almost impossible without the help of a qualified criminal defense attorney. Self-defense is an “affirmative defense” under Nevada law. Therefore, you’re admitting to the crime but arguing it was justified.
Self-defense can be proven in numerous ways, such as using witness statements, expert witness testimony from medical professionals, officers at the scene, previous incidents, audio or video of the event, and more.
You must note, however, that without clear evidence that you were threatened, self-defense can be challenging to prove; it is here that the experience, skill, and knowledge of your Las Vegas domestic violence lawyer will prove invaluable.
So, although Nevada recognized that self-defense is a legally sound way of proving your innocence, your case must be drafted, presented, and argued by a Las Vegas domestic violence lawyer well-versed in this tricky legal arena.
In any domestic violence case, early intervention is critical. By moving quickly ahead of the prosecution, your lawyer might be able to reduce your charges or dismiss them before going to trial.
When is Self-Defense Legal and Able to Be Used As a Defense in Nevada?
Nevada state statutes permit self-defense in particular domestic violence situations, such as home invasion, break-ins, attempted assault, battery domestic violence, and more.
Simply put, the use of self-defense is legal if;
- You have a rational and reasonable belief that your aggressor immediately threatens you, your loved ones, or your property.
- That you use no more force than is necessary to resist the aggressor’s threat.
Nevada is a “stand your ground” State. Therefore, the Las Vegas court always provides you, as the victim, the option of fighting back to defend yourself and others, even if you can escape conflict.
However, for lethal self-defense to be legal in Nevada, certain circumstances must take place if it is to be within the law to kill your aggressor.
Nevada state statutes mandate that “justifiable homicide” only happens when the danger you face is urgent, and you might be facing death or substantial bodily harm. The court would explain that any reasonable person in the same situation would fear for their life and that you, as the victim, were not acting out of revenge. Therefore, just having a “feeling” that your aggressor might injure you is usually insufficient evidence to justify homicide.
Self-defense in any violent crime, including domestic violence, can be legally vague and challenging to propose as a defense. However, your knowledgeable, aggressive, and detail-oriented domestic violence defense lawyer will know precisely how it may fit your case and how to use it as a winning strategy.
I’ve Been Charged with Domestic Violence and Used Self-Defense; What Should I Do?
First, any domestic violence charge can be dire and have lasting impacts on your life, career, and even your freedom, so never take it lightly.
Also, although Nevada does allow self-defense to be used as a strategy in your domestic violence charge, the current legislation on this use is vague and not quite adequate. Therefore, if self-defense is a viable strategy to fight your domestic violence charge, it must be used by a passionate, professional, and highly experienced Las Vegas criminal defense lawyer if it’s to be successful.
The skilled and professional domestic violence defense lawyers at the Goodwin Law Group have the talent, resources, and history of winning that you must have in this situation. Call them today at 702-819-8242 for a free consultation on your domestic violence charge, and they will design the correct and most effective strategy for your defense; don’t gamble on your future and your freedom.