Did you know?
Here are Las Vegas Domestic Violence facts to keep in mind to prevent any unwanted circumstances pertaining to Domestic Violence charges:
Domestic violence occurs between: (a) members of the family, (b) people who are living together and (c) people in a dating relationship (NRS 33.018).
In most reported cases, women are the victim of domestic violence that occurs between a man and a woman. It is also reported that the level of violence and frequency of battery tend to increase over time. However, an incident of battery is rarely an isolated event.
There are also times when a battery in Las Vegas may include the use of a weapon and may cause damage to property and serious physical injury. The extent of these circumstances determine whether an incident will be classified as a misdemeanor or a felony.
Charges were filed due to the following reasons:
If your spousal abuse case is being prosecuted by the Office of the District Attorney, it means that a criminal complaint was filed by the person claiming to be a victim, a police officer or someone else in the vicinity:
- If the police officers, who were there in the place of the incident, firmly believe that there was a crime or battery committed by the person who claims abuse.
- An official police report of the domestic abuse incident must be made, if the officers are certain there was a domestic dispute involved. Within the 24 hours of the battery incident, the police officers will always make an arrest, often the alleged abuser. He or she can only be released after a minimum of 12 hours jail time (NRS 200.591).
- In case the police officers failed to make the arrest, necessary paperwork must be submitted to LVMPD Domestic Violence Unit for proper review.
Misdemeanor vs. Felony
The difference between these two terms is determined by two things:
(a) is there a weapon used when the battering occurred?
(b) is there any serious injury that could permanently affect the victim?
If there’s no weapon involved and the victim did not suffer serious injuries, then it is classified as a misdemeanor. The penalty for misdemeanor can reach up to $1, 000.00 fine and/or spending up to 180 days behind bars.
The Las Vegas City Attorney’s Office is the one that handles misdemeanor cases within the city of Las Vegas.
On the other hand, batteries that involve weapons and cause serious injuries are considered felonies. It is the Clark County District Attorney’s Office that handles all felony cases, including misdemeanor cases that transpire outside Las Vegas and other nearby cities.
The District Attorney Office policy and NRS do not allow dismissal, unless the prosecutor fails to show that the defendant is indeed guilty of the crime.
Domestic Violence Attorney