If you are charged for a Battery Domestic Violence for the third time within seven years of the close of your previous cases, you will be charged with a Battery Domestic Violence 3rd which is a Felony in Las Vegas, Nevada. To be clear, your previous Domestic Violence convictions do not have to be from Las Vegas. Regardless of what State you received your previous convictions, Nevada can and will use those prior convictions to upgrade your offense to a Domestic Violence 3rd Felony. The consequences of a conviction for a Domestic Violence 3rd are severe. If convicted, prison is mandatory, and the Judge is required to sentence you anywhere from 1-5 years in prison, in addition to a fine of up to $10,000.
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 you have already been arrested and convicted previously of two prior Domestic Violence offenses they certainly will hold that against you in their investigation.
In order to be convicted of a Domestic Violence 3rd 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. Even a simple push or shove with no physical markings or damage is enough to be convicted of a Domestic Violence 3rd Felony where the judge must sentence you to 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.