Sometimes, people are wrongfully charged with domestic violence based on misunderstanding or other complicated circumstances. When you are arrested after an altercation with an intimate partner or family member, you can face serious penalties. Do not say anything to the police until you have spoken to an experienced criminal defense attorney about your rights.
After you are charged with domestic violence, you might wonder what to do next. When a partner or household member makes such a serious allegation, it can have legal consequences including not being allowed to have contact with them and having to move from out of your home. The accusing partner can also obtain a Temporary Restraining Order prohibiting you from contacting or seeing the party. Contact a Reno domestic violence lawyer at the Law Offices of John Arrascada to help defend yours against the charges.
In Nevada, domestic battery involves the willful or unlawful use of force upon a household member or intimate partner. This could include a spouse or former spouse, a co-parent, current or former intimate partner, sibling, parent, or legal guardian. Any action that can cause bodily or emotional harm could be considered domestic violence, but common instances include:
Those accused of committing domestic violence against someone they live with or are intimately involved with should speak to a Reno domestic violence lawyer about the charges.
There are strict penalties for a domestic violence conviction, including a minimum of two days jail on a first offense, ten days on a second offense and prison time for a third offense or based on the allegations a felony related charge, fines, and a permanent criminal record. A conviction can follow a person for years to come and impact their employment, housing, and relationships. The consequences vary based on the nature of the conduct and if the defendant had any previous accusations.
Someone facing a first domestic violence charge face a mandatory minimum of two (2) days up to six (6) months in jail, and the court could also order community service or fines up to $1,000. Judges must also impose domestic violence counseling for six or 12 months. Further a judge, based on the circumstances may also sentence one convicted of domestic violence to drug and alcohol treatment if there is a history of substance abuse. Voluntary participation in these programs can also help reduce sentences.
A second domestic violence charge is a misdemeanor, but the penalties are more severe than those for a first-time offender. Someone convicted could spend ten days to six months in jail. The court may opt to impose fines up to $1,000 and mandatory counseling of 12 months and potential community service and counseling.
A third domestic violence charge within seven years is a felony. A third offense is extremely serious and includes mandatory prison time. The court must sentence a person convicted of a third offense domestic battery to a minimum of one year and maximum of six years in prison. Fines are also at the judge’s discretion and can be as much as $10,000.
Significant to many Nevadans is the collateral consequence that a person convicted of a domestic battery loses for life their Second Amendment Right to bear arms.
Prosecutors by law cannot reduce a domestic violence case unless they are convinced, they cannot prove the case beyond a reasonable doubt. Prosecutors take domestic violence accusations seriously and will seek a conviction. It is crucial to trust a domestic violence lawyer in Reno to develop a strong strategy to mitigate the charges or to convince the prosecutor that the case cannot be proved beyond a reasonable doubt. At the Law Offices of John Arrascada, a defendant will get honest, straightforward, and aggressive legal advice from an attorney with years of experience, to avoid a conviction or mitigate the penalty exposure.
An accusation for domestic violence is serious and should not be taken lightly. When you are accused of perpetrating intimate partner or family violence, you may be concerned with the implications for your personal and professional future. Those charged with domestic violence face prison time, fines, loss of custody, and loss of their right to bear arms. You must contact a Reno domestic violence lawyer, experienced in defending domestic violence to discuss your legal rights and options. John Arrascada is a highly respected and experienced attorney in domestic battery defense, who skillfully advocates for his clients. Call today and get the legal guidance you need at this important time.
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