Battery Constituting Domestic Violence is a Battery on any of the following:
“Battery” means any willful and unlawful use of force or violence on another person. Battery includes:
There does not need to be any physical or lasting injury to be charged with battery constituting domestic violence.
Unlike simple battery (not domestic), when a person makes a report of being the victim of domestic violence, the police are required by law to investigate and make an arrest if able. Therefore, it does not matter if the alleged victim changes her mind about “pressing charges”. Once the 911 call is made, the police must investigate.
Based on a single allegation, a person can be arrested and charged with domestic violence battery. Your Defenders at Law have found that these allegations are often false. Unfortunately, people in these situations quickly learn how easy it is to be charged with a crime that they did not commit.
If it is the first or second offense, Battery Constituting Domestic Violence is generally a misdemeanor.
The first offense for Domestic Violence Battery is a misdemeanor punishable by:
A second offense for Domestic Violence Battery within 7 years is a misdemeanor punishable by:
A third offense for Domestic Violence Battery within 7 years is a Category C felony and punishable by:
In addition, people charged with domestic violence often face additional charges including:
Alleged victims of domestic violence may seek protective orders in family court. Jherna Shahani, Esq. can defend you against those as well.
You can defend yourself if you reasonably believe you are facing an urgent or pressing threat of bodily harm, and use no more force then necessary to protect yourself.
2) Accidental Contact
A person who does not intend to make contact with the victim is not guilty of battery domestic violence. In other words, if the contact is accidental, then the charge should not stand.
3) False Statements
If you did not commit battery, but the alleged victim made false statements to the police, then you are not guilty of battery constituting domestic violence. A skilled attorney is necessary to show the court that the alleged victim is lying and the court should not believe her statements.
If you have been arrested for battery domestic violence in Las Vegas, Henderson, Clark County, Laughlin, Mesquite, Pahrump, Boulder City, or elsewhere, call Your Domestic Violence Defender at 702-625-7551 for a FREE consultation.
You will receive loyalty, skill, personal attention, and care no matter what; it is just that important.