Under Nevada state law, battery domestic violence is a subset of assault and battery that carries its own evidence and penalty requirements. The complex factors that set domestic violence apart from other forms of battery, as well as a reliance on witness testimony and other non-physical evidence sources to bring a conviction, make it very important that, if accused of this crime, you engage an attorney who is well acquainted with this specific area of the law.
Battery
The legal term “battery” is used to describe any intentional action of force or violence toward another person. As you can already see, the pivotal point of intention is one that is difficult to prove conclusively, and a prosecutor’s job in a battery case depends on showing from circumstances and verbal statements that you meant to harm another person. Unless faced by capable opposition, a skillful prosecutor can often win a battery conviction based on misrepresented injuries, testimonies of vindictive ex-boyfriends or girlfriends, or witnesses who make faulty conclusions about what they saw. The tendency of some people to assume the worst can transform a heated but non-violent exchange between two individuals, observed from a distance, into a mistaken report of battery.
Domestic Violence
To be considered battery constituting domestic violence, a case must involve someone in one or more of the following categories:
- Family members (spouse, child, extended family)
- Significant other or anyone living in the same house
- Individuals related by marriage
- Guardian or co-parent of a child of the accused
The intricacies of many of these relationships definitely come into play under a domestic violence charge. Discount and court-appointed lawyers simply don’t have the time or experience to investigate these relationships, but an experienced attorney who has handled many domestic cases within the unique Las Vegas cultural environment knows exactly what to focus on in order to call your case into question or have it dismissed altogether.
Expert Assistance Is Critical
The nature of domestic violence accusations makes them very emotional and trying for everyone involved. Tempers quickly rise and anger inflames both the testimony that is given and the penalties that are sought. A successful defense against a battery domestic violence accusation requires a steady hand, a reasoning mind, and real-world experience in combination with a thorough knowledge of the legal codes that are applicable. Failure to secure adequate counsel may well result in an unfair conviction and a jail term dictated by the spiteful anger of others.
