Domestic Violence
Domestic Battery
In Nevada, a prosecutor cannot dismiss or reduce these charges unless they cannot prove the case beyond a reasonable doubt. They are used to the victim recanting his/her statement to the police. Also, Nevada law allows the State to use a victim’s earlier statement as substantive evidence against you at trial. Further, in Nevada misdemeanor trials are heard by an elected Judge, not a Jury.
So, what is a domestic battery? An unlawful touching can be considered a battery. It does not have to be a punch, and there does not have to be an injury. The domestic portion occurs when there is a certain relationship between the suspect and the named victim, i.e., marriage, a child in common, blood relation, even a dating relationship or roommates. If convicted of a domestic battery under federal law, you lose your right to carry a firearm.
In the vast majority of these cases, the victim does not want to prosecute and is in fact helpful to the defense. Proper preparation for trial includes understanding the pressure the State will bring on the victim who cooperates with the defense. Also, most cases have 9-1-1 calls which the State tries to introduce at trial. On occasion, there are independent witnesses.
I understand that in many cases, the parties will have resolved any differences long before the trial. Yet, as the trial gets closer, the pressure on your relationship by the State needs to be understood and addressed. I actively encourage that any victim who desires to discuss the case with me does so.
Contact us about your legal matter today!
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