Attorney Mark Coburn

Battery/Domestic Violence

Battery and Domestic Violence charges can be the most disruptive, difficult charges to fight. These charges can result in restraining orders, marital & domestic violence counseling, anger management courses, and jail time—even when the so-called victim chooses not to press charges.In the State of Nevada, once the police have charged an individual with domestic violence, the state prosecutors will go forward with the charges in nearly all cases.

A conviction for any type of domestic violence charge can have a devastating effect on your employment opportunities, your family law case, and many other aspects of your life, especially if you are faced with incarceration in a county jail, city jail, or state prison. A first time conviction requires a minimum of 2 days to 6 months in jail, a completion of six months of domestic violence/battery counseling, 48 hours community service, and a large fine. A conviction will also stay on your record for 7 years. Penalties increase severely with a 2nd or 3rd charge. It is possible to get a conviction on a false allegation of domestic violence if you do not fight the charges with an experienced attorney, which is why it is important to contact Criminal Defense Lawyer Mark Coburn to discuss your case.

*Call Us Today for a Free Case Evaluation at (702) 384-1001(702) 384-1001

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Nevada Definition of Battery Constituting Domestic Violence

Domestic Violence charges are taken very seriously in Nevada. A battery is labeled battery domestic violence when someone allegedly commits the battery on any of the following people in his or her life:

  • Current or former spouse
  • Any relative by blood or marriage
  • Someone living in the same home
  • A significant other/someone the suspect is dating
  • A co-parent of a child
  • The suspect’s minor child
  • The suspect who is appointed legal guardian of the minor child

In brief, the defining characteristic of battery domestic violence is that the offensive touching must be done upon a person that the alleged offender had a close, personal relationship with either by blood, marriage or another type of relationship that is considered domestic.

Fighting Domestic Violence Charges

It is important that you do not accept the false charges being lodged against you. You need to fight the false allegations of domestic violence as they can negatively impact you for the rest of your life. An experienced Las Vegas Defense Attorney can help you navigate the complexities of your case and prepare for a successful trial.

For a first or second offense charge of domestic violence, a trial is conducted before a judge who will decide your guilt or innocence. The prosecutor must prove your guilt beyond a reasonable doubt, but many of the cases are “he said she said”, and the Judge will take the victim’s original statement to police as the absolute truth. Because of this, it is important to prepare a solid defense with your Defense Attorney so your attorney can investigate and gather evidence before your trial.Some typical defenses (depending on the facts):

  • The battery that occurred was in self defense, as the alleged victim was attacking the defendant.
  • The battery was committed in anticipation of the alleged victim attacking, due to a long history of physical abuse.
  • The battery did not occur at all.
  • The alleged victim is making up the allegations to get some benefit or revenge.

Penalties for Battery Constituting Domestic Violence

The state of Nevada imposes severe criminal penalties on anyone convicted of battery domestic violence. A battery domestic violence first offense charge is typically a misdemeanor charge, but it may be elevated to a felony charge if committed with a deadly weapon, substantial bodily harm occurs, or during a time at which a temporary protective order is in effect.

  • 1st offense for Battery Domestic Violence:
    • Misdemeanor offense
    • Up to 6 months in jail (2 days mandatory jail sentence)
    • Up to $1,000 in fines
    • 48-120 hours of community service
    • Domestic Violence Counseling: 1 ½ hours per week for six to twelve months at the client’s expense
    • Imposition of a protective order
  • 2nd offense for Batter Domestic Violence:
    • Misdemeanor offense
    • Up to 6 months in jail (2 days mandatory jail sentence)
    • Up to $1,000 in fines
    • 100-200 hours of community service
    • Domestic Violence Counseling: 1 ½ hours per week for twelve months at the client’s expense
  • 3rd or higher offense for Battery Domestic Violence:
    • Category C felony
    • 1-5 years in prison a possible fine of up to $10,000
    • No probation
  • Battery Domestic Violence with Strangulation:
    • Category C felony
    • 1-5 years in prison and a mandatory fine of $15,000
  • Battery Domestic Violence resulting in substantial bodily harm (no deadly weapon used):
    • Category C Felony
    • 1-5 years in state prison, a mandatory fine of $10,000
  • Battery Domestic Violence with a deadly weapon (no substantial bodily harm):
    • Category B Felony
    • 2-10 years in state prison, a mandatory fine of $10,000
  • Battery Domestic Violence with a deadly weapon and substantial bodily harm:
    • Category B Felony
    • 1-15 years in state prison, a mandatory fine of $10,000

The Collateral Consequences You May Face

Unfortunately, the criminal penalties you receive for a conviction are just the start of the negative consequences you will face. For most people convicted of battery domestic violence, the most severe consequences are not the criminal penalties, but the collateral consequences of their criminal conviction.

If you are convicted of battery domestic violence, there are a number of consequences you may face. You could get fired from your job. If you are getting a divorce involving children, your right to custody and visitation may be severely limited. Your immigration status can also be affected, and you could lose your right to own a firearm. If you are unemployed, a criminal conviction could hurt your ability to find work. If you are thinking about going back to school for a Degree of any kind, a battery domestic violence conviction could hurt your changes of gaining admission to the school or program of your choice. Some professions may disregard applicants seeking a professional license if the applicants have a battery domestic violence conviction.

Plea Bargains are possible in Domestic Violence Cases

It is possible to get a domestic violence charge reduced to a lesser charge. Depending on the situation it can be possible to reduce a domestic violence charge to:

  • A simple battery (misdemeanor)
  • A breach of the peace (misdemeanor)
  • Alternative treatments like counseling / anger management
  • Dismissal – the charges can be completely dismissed without the need for a trial or plea bargain.

Arrested Due to False Allegations of Domestic Violence

Surprisingly, there are many arrests made based on false allegation of domestic violence. The reasons for arrests over false allegations include:

  • The police expect to make an arrest when they are called out for domestic violence.Even if the alleged victim does not want to prosecute, the police will usually make an arrest out of safety concerns. Typically they arrest the male, but increasingly females have been arrested for domestic violence.
  • The police are confronted with conflicting stories and have to make a fast determination of who the “primary aggressor” was in the situation.
  • Sometimes the police will tell the parties that both of them are going to jail, which causes the alleged victim to exaggerate claims in order to get out of being arrested.

How Attorney Mark Coburn Can Help

 

*Call Us Today for a Free Case Evaluation at (702) 384-1001(702) 384-1001

Many battery domestic violence cases arise out of arguments between partners over impending divorces, relationship break-ups, child custody matters, infidelities, or other domestic issues. In some cases, false allegations are made out of anger, resentment, jealousy, or revenge. Because of the emotionally-charged nature of domestic violence cases, you need an attorney who will present your side of the story, defend your rights, and work to ensure that you are treated fairly.

As a Criminal Defense Lawyer with extensive experience in battery domestic violence cases, Mark Coburn is successful in raising strong defenses designed to achieve the most positive outcomes available for his clients. Mr. Coburn takes the time to understand the dynamics of each individual’s case and makes himself available to speak with clients so that they feel comfortable with the legal procedure.

Call our office at (702) 382-2000(702) 382-2000 or follow the link below.

If You Have a Prior Battery Domestic Violence Conviction

Second and Third Offenses

If this is your second arrest for battery domestic violence in Nevada, you are facing the possibility of very severe penalties. In many ways, the penalties for a second offense are double the penalties for a first offense. If this is your third offense, you are likely facing felony charges and the possibility of a significant sentence in Nevada state prison.

As a state that is dedicated to the eradication of domestic violence, Nevada imposes strict penalties on anyone convicted of battery domestic violence. Be aware that mandatory jail time increases significantly with a second and third offense, and counseling requirements can easily double from a first to a second conviction.

If you have been charged with battery domestic violence in Las Vegas, it is critical that you contact a trusted Criminal Defense Attorney to fight for your case on your behalf. Because this is your second or third alleged offense, you immediately lose credibility with the prosecutor. They are likely to assume the worst about you. That is why it is imperative to hire a Defense Attorney to act as a buffer between yourself and the state. Your attorney will build a strong defense in your favor, negotiate with the prosecution on your behalf, and make sure your rights are thoroughly protected during the course of the legal procedure.

Felony Battery Domestic Violence

At the Law Office of Mark Coburn, we believe that every individual charged with a criminal offense has the right to receive a vigorous defense from an attorney who sincerely cares about aggressively defending his clients’ right. It is important to note that as the criminal charges become more severe, the defendant’s need for a trusted and qualified attorney also increases. If you are facing Felony Battery Domestic Violence charges, contact Mark Coburn’s Law Office immediately for a free consultation so that we can discuss your case and potential representation. In cases of this caliber, hiring a knowledgeable attorney is the best way to avoid maximum sentencing and severe penalties.  (702) 384-1001(702) 384-1001