Brian J Smith
Battery Domestic Violence: What Happens If You’re Falsely Accused?
You could end up here if you don't know the law
Domestic violence charges are major offenses, which can bring serious legal consequences. But what if you are falsely accused of domestic violence charges? Due to the serious nature of these accusations, police tend to arrest first and ask questions later. Without proper legal representation from a domestic violence attorney in Las Vegas, you could find yourself facing serious jail time.
As the video above states, the prosecution must establish that battery has occurred and that a domestic relationship exists or once existed.
What does Nevada law consider “battery”?
Battery is defined as harmful or offensive contact, which can come in many different forms. Battery can include physical violence such as punching and kicking, but also can be defined as throwing trash at a person or dumping a glass of water on their head.
What does Nevada law consider a “domestic relationship?”
Domestic relationships include roommates, spouses, parents or relatives, which is a larger group of individuals than most people associate with domestic charges. Girlfriends and boyfriends are not the only ones involved in domestic relationships, which also include all family relationships such as uncles, grandparents, and even adopted siblings. Former relationships with ex-girlfriends and prior husbands also constitute domestic relationships.
What happens if I’m charged with Battery Domestic Violence?
For first time offenders, sentences can involve as much as six months in prison, as well as mandatory counseling, community service and a fine. Second time offenders face a minimum of 10 days in prison, while third time offenders can see 1-5 years behind bars. Each of these offenses also brings the loss of Second Amendment rights, prohibiting the ownership of a firearm.
What Should I do if I’m falsely accused?
These punishments can be avoided with the help of an experienced attorney that knows how to prove innocence in battery domestic violence cases. For the best criminal defense in Las Vegas, contact Brian J. Smith at 702-380-8248.