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Defense of Spousal Abuse Charges and Allegations

Brian J Smith Aug. 20, 2012

Not only are spousal abuse charges very disruptive to an individual’s life, but they can additionally lead to exhaustive criminal trials and possibly a criminal record that trails the person all life through. Spousal abuse is categorized as domestic violence battery and is a very distinct area of criminal law. Spousal abuse is thought of as a catchall term and in fact spousal abuse charges are nonexistent in the state of Nevada, in this area spousal abuse is instead categorized under the crime of battery and it constitutes domestic violence.

In instances of [intlink id=”19″ type=”page”]domestic violence or spousal abuse[/intlink], the abuse can take a variety of different forms, such as verbal, physical, emotional, or sexual abuse.

If you have pending domestic violence or spousal abuse charges, it is vital for you to get in contact with a reputable Las Vegas Attorney. In Las Vegas, Nevada the penalties for spousal abuse may include:

  • small to large fines

  • jail term

  • a prison sentence

  • community service

  • various assessments

  • probation

  • counseling sessions

When you secure the services of a Las Vegas criminal attorney you may be able to mitigate or entirely avoid some of the penalties that are commonly associated with charges for spousal abuse.

Las Vegas Spousal Abuse Attorney

[intlink id=”2″ type=”page”]Brian J. Smith can help you[/intlink] fight against the charges that have been alleged. In many instances we are additionally able to work with the prosecution concerning convictions for spousal abuse in order to help first time offenders avoid incarceration and sometimes he is even able to get cases dismissed.

It may be necessary for you to complete alcohol abuse classes, marriage counseling classes or classes in anger management or you could have to pay fines or have a restraining order in place. Get in touch with a criminal defense lawyer to learn about all the options that you have for mitigating charges for spousal abuse.

Reducing Nevada Spousal Abuse Charges

Law enforcement in Nevada employs a very specific protocol when dealing with cases in domestic violence. Typically a police officer will arrest an individual based only upon the statement of a single person, even if visible signs of an injury are not present. When law enforcement are dispatched on the basis of spousal abuse or domestic violence the policy is to arrest one individual. This policy is based upon the idea that one person should be removed from the home in order to prevent additional abuse. Unfortunately, in rushed efforts to make these arrests, the police are not always able to properly investigate the crimes.

Even when the alleged victim recants the initial testimony, the charges must still be pursued by prosecutors. A number of people who are first time offenders have no prior criminal history, but Nevada law can make it hard to reduce spousal abuse charges due to a lack of criminal history. A prosecutor is only allowed by Nevada law to reduce charges if there are legal reasons that will permit charges to be dropped.

The fact that you have been together with the alleged victim for a number of years or even a lack of criminal history will unfortunately not be sufficient legal cause for a reduction of charges. A seasoned Las Vegas spousal abuse defense lawyer is the only one who will be able to negotiate with an experienced prosecutor for reduced charges in your spousal abuse case.

Spousal Abuse Penalties

It is definitely to your advantage to secure an attorney to fight charges of spousal abuse so that you will be able to avoid the many penalties that are commonly associated with convictions for domestic violence. Following is just a sample of the penalties and other consequences that you might face if convicted of domestic violence or spousal abuse:

  • Loss of gun ownership

  • Rehabilitative courses

  • Two days to 6 months served in jail for a first time offense

  • $200 to $1,000 in assessments and fines for a first time offense

  • 120 hours maximum in community service for a first time offense

  • Ten days to 6 months in jail for a second offense

  • Up six months in weekly domestic violence courses for a first time offense

  • $500 to $1,000 in assessments and fines for a second offense

  • Community service of up to 200 hours for a second time offense

  • 12 months maximum in domestic violence counseling

  • 1 to 5 years in a Nevada prison for a third offense

  • Maximum fine of $10k for a third offense

By using a seasoned and reputable domestic violence defense lawyer, you will be able to fight your criminal charges and can get as many reductions for your charges as possible. In some instances an attorney may be able to have all of your charges dismissed or can substantially reduce the spousal abuse penalties that you incur.

How An Attorney Can Assist You

For those who are facing charges like these, a Las Vegas spousal abuse lawyer is able to assist clients during, before and even after the legal process in the following ways:

  • Dealing with prosecutors and law enforcement on your behalf

  • Entering into you case and preparing for representation and the actual trial at any stage

  • Make all efforts to bring your case to a successful resolution through dismissal without going to trial

  • Discover a way to get reduced charges through a plea bargain