Municipal Court v. County Court 1

In a Battery Domestic Violence case, are there differences in the defense strategy if you are charged in the City of Las Vegas, Henderson, or North Las Vegas versus Clark County?  Yes, there are many differences, but one I would like to point out today is the mindset of the a prosecutor in municipal court versus county court with regard to severity of the crime allegedly committed.  There is an inherent value assigned to cases by prosecutors and defense attorneys.  It is human nature to assign these values.  For the most part, prosecutors in Clark County deal with felony, gross misdemeanor, and misdemeanor cases.  They see bloody, violent, nasty cases, and they see disputes with little violence and no harm.  Prosecutors in Municipal Court see only misdemeanors,  which are not as bloody or nasty.  In Municipal Court, the worst thing you could be convicted of is Battery Domestic Violence.  In County Court, you can get the death penalty for first degree murder.  The mindset can be different in the two forums and must be taken into account. 

If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.

What is an Unlawful Use of Force?

In many situations where physical force is used by one person against another, the lawfulness of that force is in question.  For example, if a wife is intoxicated and attempts to drive a car, can her husband use physical force and prevent her from driving the car while intoxicated?  What if roughhousing goes a little further than one person wants?  As defined pursuant to Nevada law a Battery is, "any willful and unlawful use of force or violence upon the person of another."  The question is what is unlawful force.  In Nevada, that term seems to be undefined with respect to Battery.  In California, where the definition of Battery is identical, case law indicates that an unlawful use of force is "a harmful or offensive touching." People v. Martinez, 3 Cal App 3rd 886 (1970).  These terms encompass a wide range of physical contact and subjectively differ from person to person.  The above scenarios can be very tricky from a prosecutorial and defense perspective, but, if these situations are not defended effectively, it could equal a criminal conviction, jail time, or other punishment.

If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.

Battery Domestic Violence charges and TPOs: the effect on CCW permits

Do you want to lose your CCW permit without any notice or a hearing?  If a Temporary Protective Order is issued against you or you are charged with Battery Domestic Violence, your CCW permit will be taken.  Protective orders are issued in many cases where there is an allegation of Domestic Violence.  When police are called to a domestic disturbance and a primary aggressor is identified and arrested, the police will encourage an alleged victim of domestic violence to obtain a temporary protective order (TPO) against the person who was arrested. Either way, if you have a CCW, it is going to be suspended or revoked.
Protective orders are easy to obtain as the burden for an applicant (alleged victim) to show a judge is very low. Even without a Battery Domestic Violence charge, anyone can go to the courthouse and fill out an application, and a TPO will normally be issued by the court without notice and without a hearing. There can be serious ramifications to the issuance of these orders. One is the revocation of the permitee's CCW.
Also, when a CCW permitee is charged (not convicted) with Battery Domestic Violence, the permitee's CCW will be suspended. If the charge is eventually dropped or the defendant is acquitted, the permit shall be restored.  This is just one more reason that Battery Domestic Violence is such a serious charge.

If you have been charged with Battery Domestic Violence or any other related crime or if a TPO has been issued against you, please visit georgeforjustice.com.

Felony Battery Domestic Violence with Strangulation Crime

In the state of Nevada, there is a new law regarding incidents of Battery Domestic Violence which involve an allegation of strangulation. This law took effect in 2009. The law defines strangulation as:  "intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person in a manner that creates a risk of death or substantial bodily harm." NRS 200.481(1)(h).  This definition is specific as to the act(s) which needs to be carried out before a conviction can be had. There are many scenarios of physical altercations which could take place where the neck or throat is contacted, but the crime of strangulation does not take place. georgeforjustice.com has seen a number of cases where my client had been charged with the Strangulation crime, but I did not believe the State could prove the charge because the contact with the neck or throat did not arise to the level of Strangulation pursuant to the statute's definition. From my experience, if the word “choke” appears anywhere in a statement, it is highly likely that the felony crime of Battery Domestic Violence with Strangulation will be charged. Many of these cases have very legitimate factual and legal defenses, which makes it even more beneficial to retain competent counsel.

If you have been charged with Battery Domestic Violence or related crime, or if a TPO has been issued against you, please visit georgeforjustice.com.

Must Wait 7 Years to Seal Records after Battery Domestic Violence Conviction

Most Battery Domestic Violence cases in the state of Nevada are misdemeanors, i.e. no deadly weapon involved, no strangulation, not a third offense, etc.  Nevada law states that most misdemeanors crimes can be sealed two years after the case has been completed, but Battery Domestic Violence is different.  A Battery Domestic Violence case cannot be sealed for 7 years after completion.  This means 7 years after everything has been finished in the case, including the mandatory 26 to 52 weeks of counseling and your informal probation. This is yet another penalty for a Battery Domestic Violence conviction that many defendants never know about. The additional time defendants must wait to seal their records makes it even more important to have a strong defense before it is too late.

If you have been charged with Battery Domestic Violence or related crime, or if a TPO has been issued against you, please visit georgeforjustice.com.

Longer periods of informal probation allowed in Battery Domestic Violence cases

In misdemeanor cases, if a defendant enters a guilty plea or is convicted of the crime, the judge has the ability to order the defendant to perform community service, pay fines, attend counseling sessions, or pay restitution to victims. In order to assure that the defendant complies with these requirements, a judge can order suspended jail time as well. This means that if the counseling or fines are not completed or paid within a certain time period, the judge can impose the suspended time and send a defendant to jail. In most misdemeanor cases, the time period in which the judge can order the suspended jail time is 2 years, but in Battery Domestic Violence cases it is 3 years. NRS 4.373. This is another reason that Battery Domestic Violence cases are more serious than the average misdemeanor case.

If you have been charged with Battery Domestic Violence or related crime, or if a TPO has been issued against you, please visit georgeforjustice.com.

Charges of Battery Domestic Violence not to be reduced by a prosecutor

Part of a defense attorney's job is to present mitigating factors regarding the individual or incident in question to a prosecuting attorney. Mitigating factors could be things like no previous criminal history, ties to the community like community service work, or facts leading up to a situation. With regard to Battery Domestic Violence cases, Nevada lawmakers have added the following language to the statute, "If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial." This means that prosecuting attorneys are not supposed to negotiate cases of Battery Domestic Violence to lesser crimes based on mitigation, like they can with other misdemeanors. A legal or factual issue with the prosecutor's case must be established in order for a prosecutor to reduce the charge.

If you have been charged with Battery Domestic Violence or related crime, or if a TPO has been issued against you, please visit georgeforjustice.com.

Domestic Relationship includes some In-Laws

In order to have a conviction for the crime of Battery Domestic Violence, there are two things which must be proven by a prosecutor to a court beyond a reasonable doubt. First is that a Battery took place. Second is that there was a domestic relationship between the victim and the defendant. One of the ways in which a domestic relationship exists pursuant to Nevada law is if the individuals are "related by blood or marriage." The Nevada Supreme Court has defined "related by blood or marriage" to include some In-Laws. The Court states, "We conclude that, by its plain meaning, the term "related by blood or marriage" includes the relationship between a sister-in-law and a brother-in-law. First, a person of ordinary intelligence would interpret the phrase "related by blood or marriage" to include a person's direct in-laws. This is underscored by the inclusion of "spouses" as well as relatives "by marriage" as victims under the statute. Second, utilization of the term "related by blood or marriage" plainly rejects a construct limiting culpability for domestic battery to relationships between the perpetrator and victim based upon consanguinity. Therefore, we conclude that NRS 33.018 plainly includes mothers-in-law, fathers-in-law, sisters-in-law, and brothers-in-law." City of Las Vegas v. Eighth Judicial Dist. Court of Nev., 188 P.3d 55, 58-59 (Nev. 2008). This case seems to indicate that some in-laws would fit the definition of domestic relationship, but for other in-laws it remains debatable.

If you have been charged with Battery Domestic Violence or related crime, or if a TPO has been issued against you, please visit georgeforjustice.com.