If you are charged for a Battery Domestic Violence for the second time within seven years of the close of your previous case, you will be charged with a Battery Domestic Violence 2nd, which is a Misdemeanor in Las Vegas, Nevada. To be clear, your previous Domestic Violence conviction does not have to be from Las Vegas. Regardless of what State you received your previous conviction, Nevada can and will use that prior conviction to upgrade your offense to a Domestic Violence 2nd. The consequences of a conviction for a Domestic Violence 2nd are severe. If convicted the Judge is required to sentence you anywhere from 10 days up to 6 months of jail, a fine of up to $1,000, up to 200 hours of community service, and Domestic Violence counseling classes at least once a week for 6-12 months. Additionally, you are not eligible to seal your criminal record for seven years after your case is closed.
Unfortunately, this serious offense is very common in the Las Vegas Valley and all local police agencies are instructed to make an arrest if called to a domestic disturbance if they feel a crime has occurred, even if there are no visible injuries to either party. And once the police realize that you have been previously arrested and convicted of Domestic Violence they certainly will hold that against you in their investigation.
In order to be convicted of a Domestic Violence 2nd offense, the prosecution only needs to prove there was an offensive touching against a person you had a domestic relationship with. For example, a husband or wife, child or step child or even your roommate. A simple push or shove with no physical markings or damage is enough to be convicted of this offense. And if you are convicted of a Domestic Violence 2nd if charged again you will be facing a felony with mandatory prison. With this in mind it is necessary to contact Las Vegas Criminal Defense Attorney Michael A. Troiano as soon as possible to discuss the facts of your case, and allow him to provide the best defense possible and work towards getting your case dismissed.