The possible penalties for battery domestic violence range from a simple misdemeanor conviction involving mostly community service, to a Category B felony carrying a maximum fifteen years in prison and a mandatory fine of $10,000. The penalty level depends on the extent of physical harm, if any, and whether a weapon was used. If your lawyer does not know how to present an effective challenge to every detail of your case, the result is likely to be a sentence that is out of proportion to the offense.
Worst Case Scenario
In the worst case scenario, an inexperienced defense attorney could fail to defend you from trumped-up charges brought by family members or close acquaintances who are angry and upset. A prosecutor could convince a judge that, based on this inflated testimony, you should be punished for actions that did not occur, were not as serious as claimed, or that were not intentional. You could end up serving serious jail time (between one and fifteen years for felony convictions), owing thousands of dollars in fines, and suffering lifelong consequences because of your lawyer’s incompetence.
Best Case Scenario
The lawyer you need on your side is one who is willing to listen to your story and combine it with the multiple outside factors that are involved. A defense attorney who is personally acquainted with the judges and prosecutors working in Clark County has an advantage in convincing them that angry talk, shaky photographic evidence, and questionable injuries are not enough to send you to jail. With this kind of experienced help, you could see your accusation reduced to a misdemeanor charge with only mild penalties. A common occurrence is the changing of a battery domestic violence charge to a charge of disturbing the peace. This is also a misdemeanor and can be sealed on your permanent criminal record by petition after a waiting period of two years.
Don’t make the mistake of assuming that your testimony against that of the other person will be sufficient to convince a judge of your innocence in a Las Vegas courtroom. You may think that you are saving yourself some expense by taking that route, but an experienced prosecutor knows how to develop a witness’s testimony into charges that are far more serious than you expected. Be sure that the attorney you choose is able to handle whatever legal challenges come your way and get you the justice that you deserve.
