Las Vegas Domestic Violence Attorney

Have you been charged with a battery? Battery is the unlawful act of threatening to abuse or abuse an individual who lives in your home or a family member. For a person to face battery charges, the physical act of violence does not have to inflict serious harm on the victim; the victim must feel threatened and understand that they can become seriously injured if the violent act is carried out.

The abuse of a child is a frightening concept to grasp, but it does happen daily. However, suppose you are accused of abusing your child physically, sexually, or emotionally. In that case, you may be in serious trouble and will require the assistance of a domestic violence attorney in Las Vegas.

Neglecting a child is defined as failing to pay the necessary attention the child deserves. It can include abandoning a child, failing to provide a child with shelter, care, or medical treatment, or providing inadequate supervision. These types of accusations are severe, and maximum penalties will be sought, including losing custody of your child.

Facing a criminal conviction is devastating, especially if it involves the abuse or assault of a family member. Not only will a person be forced to deal with the criminal consequences, but they will also have to face embarrassment and personal repercussions within the community.

Disorderly conduct is often confusing because some may not understand that they have acted out of line according to the law. Disorderly conduct is defined as provoking or challenging another in a fight, using profanity to address another person, or breaching the peace in some way.

The penalties associated with domestic violence charges may vary drastically, from imprisonment to fines to community service. Charged as a misdemeanor or a felony offense, depending on the circumstances of the case, this offense will also have ramifications for a person within the community and in their personal life.

Elder abuse takes on many different forms. Any action that results in physical or mental pain could lead to a conviction. Heavy fines and time in state prison are just some of the penalties, and they can be classified as misdemeanors or felonies.

Fighting a domestic violence case may appear difficult, with the victim’s word against yours, but it is not impossible. During a jury trial, the jury tends to feel sympathetic for the victim, generally siding with this person and fighting to convict the alleged attacker. As such, having the most aggressive and experienced defense is necessary.

Harassment is defined as making threats of harming a person, making this person fear for their safety. This can include threats of bodily injury, property damage, physical confinement, or an act that may cause mental harm and must be threatened against a family member or a loved one.

While a kidnapping charge is a serious federal offense that can result in lifelong consequences, it is often the misunderstanding between two ex-spouses or a heated child custody battle in which a parent is seeking sole custody with no visitation for their child.

Abusing or harming one’s spouse is not only looked down upon in society but can also bring severe criminal consequences and penalties for a convicted person. Spousal abuse can come from physical, emotional, and sexual abuse.

Stalking is defined as willfully engaging in conduct that may cause a victim to feel fear, terror, or intimidation. If the victim feels unsafe or their family may be harmed, they may call the police and file a report against the alleged stalker.

After an alleged act of abuse occurs, a victim may be concerned about the future and if they will be attacked again. In hopes of preventing a future attack, they obtain a temporary restraining order in the attacker’s name, which can have detrimental effects on the attacker’s personal and professional life.

Criminal trespassing is the act of unlawfully entering another’s property to harass the property owner or commit a crime. It can also include a person entering another’s property after being told they are no longer allowed to enter.

A protective order is placed against an individual when another feels threatened or has already been harmed by the alleged attacker. Some individuals are unaware that a protective order is against them and may violate the rules if they visit the victim, even if it is to make amends.

Defense strategy in a Las Vegas court will depend on the type of crime and the circumstances surrounding it. As with all criminal cases, there is a presumption of innocence until guilt is proven through trial or a plea. The presumption of innocence is the basis of a not guilty plea, in which your attorney will procure evidence and witnesses to build your case.

This is done to convince the jury that there is reasonable doubt about your guilt. It’s not enough for a jury to just think that you did it; the evidence has to be almost overwhelming. If it’s applicable, you and your lawyer will use the alibi defense. If the crime occurred at a certain time or place, and you can provide evidence that you weren’t there. For example, if the crime happened between 9:00 and 11:00 pm, but you were at a movie, a ticket stub or the receipt for your popcorn could absolve you of guilt.

Unless you have been arrested after already being released from prison or are currently serving a suspended sentence, you will likely be admitted to bail. Bail is a dollar amount necessary to be released from prison after an arrest, and is determined by the judge of magistrate. This release is temporary, and is usually also made under the condition that you will appear in court.

Bail is set based on the nature and severity of the offense for which you are accused. Another thing that the judge considers is the likelihood that you will attempt to leave town or break the law again should you not be in prison. A “bail algorithm” is used which considers several other factors, such as age, health, criminal history and record of failing to appear in court, if one exists. This is done to avoid any accusation of bias against or towards the defendant.

The magistrate has the authority to set a bail amount as they see fit. A person arrested for drunk driving will have their bail determined by how far over the legal limit they were, whether they caused an accident and whether there are any injuries. For all other crimes – from petty theft to murder and everything in between – the bail will be set by a judge. The amount of bail for domestic violence or battery is predetermined by Nevada state law, and depends on whether you saw a judge or magistrate and how long after the crime you were admitted:

$3,000 – If the person has no prior arrests and there’s no reason to believe that the battery caused significant bodily harm and is admitted less than 12 hours after the crime. If it’s been more than 12 hours, violating a restraining order, stalking or harassment would also receive this bail amount.

$5,000 – If it’s been less than 12 hours: no previous convictions but the battery caused significant harm, or they have one previous conviction of domestic violence but didn’t cause significant harm. If it’s been more than 12 hours: previous conviction of violating a restraining order, stalking or harassment.

$15,000 – If it’s been less than 12 hours: one previous conviction of domestic violence and they caused significant harm, or two previous battery convictions. More than 12 hours: two or more previous convictions of harassment, stalking or violating a restraining order.
Many factors are considered when choosing whether to release someone without bail, such as whether conditions outside of prison will still prevent someone from attempting to flee, as well as employment history, criminal history and mental state. If you fail to appear in court or commit a crime while on bail, then you will be held in prison.

No matter the crime for which you have been arrested, you are entitled to fair and just treatment under federal law. The American Civil Liberties Union (ACLU) outlines all of the rights you as an inmate would have:

Freedom of speech and religion – You still have the right to communicate with family and the outside world, as well as send and receive mail. The latter is subject to the institution’s need to protect security, and assuming there is no security risk are not allowed to be confiscated.

Medical and mental health care – All of your needs in this regard have to be met. Whether it’s something simple such as asthma and you need your inhaler or something that could be fatal if left unmedicated, you have a right to sustain your health.

Cruel, inhuman and degrading conditions – This pertains to many things: overcrowding, violence or abuse and mistreatment based on race, gender or religion are against the law.

If you have been incarcerated and you feel your rights in any regard have been violated, seek counsel from an experience attorney. Constitutional rights are extended to all citizens no matter what, so if these protections aren’t afforded to you by the prison officers, you have a right to a lawsuit.