Domestic Violence / Domestic Battery Crimes
Charges of domestic violence are treated very seriously in Las Vegas. It is the prosecutor’s right, and duty, to proceed with a domestic violence case even if the party who was allegedly assaulted wishes to drop the charges. If you’ve been accused of any form of domestic violence, including stalking and harassment, it is imperative that you retain a criminal defense attorney who has a proven track record of successfully representing clients against these types of charges. If you are convicted of a crime of Battery Domestic Violence in Las Vegas there are severe, and escalating, penalties. These include mandatory jail time, counseling on an ongoing basis, fines and community service requirements. There are collateral consequences for a Domestic Violence conviction as well, such as the risk of deportation if the person accused is not a U.S. Citizen and the inability to own or possess any firearm pursuant to Federal law.Arrested for Battery Domestic Violence in Las Vegas? What Should You do?
The Las Vegas domestic violence lawyers at Hofland & Tomsheck stand ready to use their skills and experience to aggressively defend you against domestic violence charges. Contact us today for your free, confidential consultation and you will sleep better tonight knowing that you have able and qualified counsel on your side. Las Vegas Domestic Violence Defense Attorney Josh Tomsheck is a Nationally Board Certified Specialist in Criminal law and has the experience of defending hundreds of cases just like yours. While this might be your first experience with the criminal justice system in Las Vegas, Mr. Tomsheck has been down this road countless times and can help you formulate the best defense for your individual case.Penalties for Domestic Violence in Las Vegas
The penalties for domestic violence in Las Vegas can be staggering. For the first offense in a seven-year period, the minimum sentence is two days in jail, 48 hours of community service, counseling and a $200 fine. A second misdemeanor domestic violence conviction within a seven-year period carries a minimum sentence of 10 days in jail, 100 community service hours, expanded counseling and a $500 fine (with a real possibility of the maximum sentence of six months in jail). A defendant convicted of a third or subsequent conviction for domestic violence battery in a seven-year period is guilty of a Class C felony which has a sentence range of one to five years in prison and up to a $10,000 fine. The Las Vegas domestic violence attorneys at Hofland & Tomsheck are seasoned trial litigators. Do not settle for an attorney who will take your money and plead you out to whatever charges the prosecutor files.Limited Ability to Dismiss Domestic Violence Charges in Las Vegas
Nevada law prohibits the prosecutor from dismissing a domestic violence battery charge in exchange for a plea of guilty to a lesser charge for any reason except insufficiency of evidence. This means that plea bargains are allowed only if the prosecutor can represent to the court that there is not enough evidence to convince a jury, beyond a reasonable doubt, of the defendant’s guilt of the charge. The respected and veteran domestic violence attorneys at Hofland & Tomsheck will make a strong case to convince the prosecutor and the judge that a dismissal, or reduced charges, are appropriate in your case.Types of Domestic Violence
Any of the following acts are considered domestic violence:
- Assault or battery
- Sexual assault and sexual battery
- Stalking, false imprisonment and attempted or actual kidnapping
- Compelling the victim through force or threat to perform, or not perform, an action
- Unlawful entry into victim’s residence, even if it is your residence as well
- Any other criminal offense resulting in physical injury
Protect yourself from prosecution in Las Vegas by contacting a proven domestic violence battery attorney at Hofland & Tomsheck today for a free, confidential consultation.