I win a lot of Domestic Violence Battery Cases! It is not unusual for me to get the case completely dismissed. Sometimes the charges are reduced. Can I win your case? Will it be reduced or dismissed? The answer is that It depends. Every case is unique. One thing is for sure. You need a lawyer on your side who knows what they are doing. Why? Because the penalties are severe. I have 25 years of experience handling these kinds of cases. Call me now. I promise to listen to your problem so that we can face it together and form a strategy to win your case.
The penalties for a first offense domestic violence battery conviction are substantial. You are facing the possibility of losing your freedom and going to jail. The jail time ranges from two days to six months. for a first offense You are also facing a fine of up to $1,000.00. If you are convicted you will have to attend and pay for six months of domestic violence classes. That is 26 weeks of classes for 1 1/2 hours per week. The classes will cost you about $1,000.00. You will also have to complete 48 hours of community service. But the nightmare does not end there. A person convicted of domestic violence cannot own a firearm or ammunition. If you have a gun collection you will have to get rid of it. If you wanted a career in the military or the police and you are convicted of domestic violence your career is over. A conviction for domestic violence battery will stay on your record for at least seven years. But that is not all. Domestic violence is considered a crime of moral turpitude. What does that mean? It means that you may not pass an employment background check because the conviction will show up. You may never get the job you wanted because of a domestic violence conviction. You may lose the job you already have. If you possess a privileged license such as a doctor or nurse you may be subject to discipline from the licensing board; placing your career in jeopardy. (I have represented several doctors and nurses and I have managed to keep every single one of them in good standing.) A teacher with the Clark County school district is required to report a domestic violence arrest. See, Regulation 4207. A conviction will probably result in termination. If you are not a United States Citizen there may be immigration consequences for a domestic violence conviction. You may be deported; barred from entry into the United States; lose your ability to renew your legal residency status; or lose your ability to gain United States Citizenship or legal residency. If you are facing a child custody proceeding a domestic violence conviction may be used against you to determine the custody of your children. Remember, these penalties are for a first offense. The penalties are even more severe for a second offense. The minimum jail time is ten days for a second offense. The maximum jail sentence is six months. Between 100 - 200 hours of community service are required. The classes are much longer; 52 weeks. They cost a lot more. A third offense within seven years is a felony; with a sentence of 1-5 years in prison; probation is not an option. Domestic Violence involving strangulation is a felony and carries a prison sentence of 1-5 years and a fine of up to $15,000.00. “Strangulation” means intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person in a manner that creates a risk of death or substantial bodily harm.
No. Both the Clark County District Attorney and the Las Vegas City Attorney have a no drop policy. This means that once a case gets submitted to them for prosecution and they determine there is enough evidence to file charges, they will not drop the case because the victim does not want to proceed. Why do they do this? Their philosophy is that many victims of domestic violence get caught up in "battered woman syndrome" where a person is dependent on their spouse. Meaning the victim will return to the cycle of violence and drop the charges because they are afraid to testify and are unable or unwilling to leave their abuser. Unfortunately this no drop philosophy cast a very wide net. It means a lot of innocent people and/ or a lot of innocuous behavior such as spitting, pushing ripping clothes, or slapping will be prosecuted no matter what the circumstances. That does not mean the prosecution will be able to prove their case. In many cases both sides are partially to blame for what happened. Often, both sides have been drinking or using drugs. Couples fight for a lot of reasons; jealousy, stress, money, you name it. It does not necessarily mean their is a battered spouse involved. However, because of the no drop policy it does mean that you need a lawyer to fight the charges. Having stated all of this, I agree that it is always better if the alleged victim is on your side and not clamoring for you to be locked up in jail.
Is there a spousal privilege to refuse to testify?
There is no spousal privilege not to testify against a family member in a domestic violence case. See, NRS 49.295(2)(e).
HOW MUCH DOES IT COST? WHAT DO I CHARGE?
How much will it cost to hire you as my attorney? Most attorneys do not advertise prices on the internet. However, I believe in being honest and up front with people. Therefore I am not going to hide the price. I charge $2,000.00 flat fee for a domestic violence first offense. That fee includes everything from start to finish except appeals. The fee for second offenses and felonies is more and depends on the circumstances. Why do I charge this much? Let me tell you something; hiring an attorney is not like buying a television set or a car. Attorneys are not all the same. When you hire me this is what I will do for you: I will meet with you in person as many times as needed. You will talk to me personally. We can talk on the phone, in person, thru e-mail or by skype or facetime. I will go to court and plead not guilty for you. I will obtain all police reports, discovery, arrest reports photographs and recordings. I will subpoena evidence such as surveillance videos and medical records as needed. I will subpoena witnesses for the defense to come to court. Together we will formulate a strategy to fight the charges. I will prepare cross examination of the witnesses. I will prepare you to testify if you decide to testify. I will file all necessary motions and attend all hearings. I will always show up prepared. If you end up taking a plea deal I will be ready at your sentencing with mitigating evidence on your behalf. I will appear at all your status checks. I will always be on your side. Once you hire me you will know what to expect. The real question here is how can you afford to go to court without the right representation? I know that many people cannot afford their own lawyer. If you cannot afford a lawyer the court will appoint you a public defender. Unfortunately the court will not usually appoint a public defender until a person is already in jail and is taken to court in custody. This means that if you have not been arrested but the police want to interview you; or if you have a warrant out for your arrest or even if you are sitting in jail and waiting to go to court you will usually not have access to an attorney unless you hire your own. I always advise that if the police want to talk to you about a crime get a lawyer immediately. The police are professionals. They know how to get admissions out of people so they can close their case. The number one way police prove their case is because someone made an incriminating statement, an admission. People often do not realize what they say has hurt their case until after it is too late.
The sentencing guidelines are also broken into levels for first and second domestic violence offenses being misdemeanors, while third or more offenses are felonies.
I AM ALSO A DISTRICT COURT JUDGE, PRO TEMPORE FOR THE EIGHTH JUDICIAL DISTRICT COURT
A “first offense” Domestic Battery is a misdemeanor. • A person convicted of first offense Domestic Battery must be sentenced to:  serve a jail term of at least 2 days, but not more than 6 months;  perform community service of at least 48 hours, but not more than 120 hours;  pay a fine of at least $200.00, but not more than $1,000.00; and  participate in counseling sessions of at least 1 1/2 hours per week for at least 6 months, but not more than 12 months, at his own expense. A person convicted of first offense Domestic Battery must also pay:  an administrative assessment of not more than $115.00;  a court facility fee of $10.00; and  a special court programs fee of $7.00. ________ If a person is charged with and convicted of two Domestic Batteries committed within a seven-year period, one of these convictions may be treated as a “second offense” Domestic Battery. A “second offense” Domestic Battery is a misdemeanor. • A person convicted of second offense Domestic Battery must be sentenced to:  serve a jail term of at least 10 days, but not more than 6 months;  perform community service of at least 100 hours, but not more than 200 hours;  pay a fine of at least $500.00, but not more than $1,000.00; and  participate in counseling sessions of at least 1 1/2 hours per week for 12 months at his own expense. • A person convicted of second offense Domestic Battery must also pay:  an administrative assessment of $115.00;  a court facility fee of $10.00; and  a special court programs fee of $7.00. ________ If a person is charged with and convicted of three or more Domestic Batteries committed within a seven-year period, one of these convictions may be treated as a “felony” Domestic Battery. A “felony” Domestic Battery is a category C felony. • A person convicted of felony Domestic Battery is not eligible for probation, and is subject to be sentenced to:  serve a prison term of at least 1 year, but not more than 5 years; and  pay a fine of at not more than $10,000.00. • I can be charged with and convicted of felony Domestic Battery even if all prior judgments of conviction were entered as first offense Domestic Battery. ________ Every person convicted of first offense, second offense or felony Domestic Battery must pay a domestic violence programs fee of $35.00. ________ I may be ordered to pay restitution in this case. D. Other Consequences of Conviction. The following other consequences of conviction exist. ________ A conviction, and any other prior conviction from this or any other state which prohibits the same or similar conduct, may be used to enhance the penalty for a subsequent conviction. ________ If I am convicted of “first offense,” “second offense” or “felony” Domestic Battery, my possession, shipment, transportation or receipt of a firearm or ammunition may constitute a felony pursuant to NRS 202.360 or federal law. ________ If I am convicted of “first offense,” “second offense” or “felony” Domestic Battery at a time when I was not a U.S. citizen, I may be removed, deported or excluded from entry into the United States, or denied naturalization, in addition to other consequences defined in the federal law. ________ If I am convicted of “first offense,” “second offense” or “felony” Domestic Battery, the judge may order me to participate in an alcohol or drug treatment program at my expense. ________ If I am convicted of “first offense,” “second offense” or “felony” Domestic Battery, and it appears that a child under the age of 18 years may need counseling as a result of the Domestic Battery, the judge may refer the child to an agency which provides protective services. The judge will require me to reimburse the agency for the costs of any services provided to the extent of my ability to pay for them.