Can Domestic Violence Charges Be Dropped in Nevada?

If you’re facing domestic violence charges in Nevada, you’re probably wondering if there’s any way to get them dropped. The short answer is: it’s complicated. Domestic violence cases are taken very seriously by the courts, and once charges are filed, it’s not as simple as just asking for them to be dismissed.

However, that doesn’t mean you’re out of options. As criminal defense attorneys who have handled countless domestic violence cases, we’re here to break down the legal process and help you understand your possibilities.

What Constitutes Domestic Violence in Nevada?

According to NRS 33.018, domestic violence is defined as any act of violence or threat of violence committed against someone with whom you have a domestic relationship. This includes:

• Current or former spouses
• People related by blood or marriage
• People who currently or formerly resided together
• People who are or were in a dating relationship
• People who have a child in common

Domestic violence can encompass a wide range of actions, from physical assault and battery to harassment, stalking, and destruction of property. Depending on the severity of the alleged offense and whether you have any prior convictions, you could be facing either misdemeanor or felony charges.

Misdemeanor vs. Felony Domestic Violence Charges

In Nevada, a first or second offense of domestic violence that doesn’t result in substantial bodily harm is typically charged as a misdemeanor. This carries potential penalties of up to 6 months in jail, a $1,000 fine, community service, and domestic violence counseling.

However, if you have two or more prior domestic violence convictions within the past seven years, or if the alleged incident resulted in substantial bodily harm, you could be charged with a felony. Felony domestic violence convictions can lead to a prison sentence of 1-5 years and a fine of up to $10,000.

Can the Alleged Victim Drop Domestic Violence Charges?

One of the most common questions we hear from clients is whether the alleged victim can simply drop the charges. Many people are surprised to learn that once the police get involved and charges are filed, the alleged victim doesn’t have the authority to dismiss the case.

The State’s Responsibility to Prosecute

In domestic violence cases, the state of Nevada is essentially the one bringing charges against you, not the alleged victim. This is because domestic violence is considered a crime against the state, not just an individual.

The prosecutor’s job is to pursue justice and protect public safety, which means they may choose to move forward with the case even if the alleged victim is uncooperative or recants their statement.

How an Alleged Victim’s Actions Can Influence the Case

That being said, the alleged victim’s actions and cooperation (or lack thereof) can still have a significant impact on the case. If they refuse to testify, change their story, or express a desire not to press charges, it can certainly weaken the prosecution’s case and make them more likely to consider a dismissal or plea bargain. However, there’s no guarantee of this outcome.

Factors That Influence Prosecutors’ Decisions to Drop Domestic Violence Charges

So, if the alleged victim can’t directly drop the charges, what factors do prosecutors consider when deciding whether to dismiss a case? While every situation is unique, some of the key considerations include:

Strength of the Evidence

The prosecutor will evaluate the available evidence to determine how strong of a case they have against you. This may include:

• Police reports and witness statements
• Photographs of injuries or property damage
• 911 call recordings and other physical evidence
• Your own statements to law enforcement

If the evidence is weak or conflicting, the prosecutor may be more inclined to drop the charges.

Your Criminal History

Another important factor is whether you have any prior domestic violence convictions or other criminal offenses on your record. If this is your first alleged offense, you may have a better chance of getting the charges dropped than if you’re a repeat offender. Nevada law imposes mandatory minimum sentences for certain repeat domestic violence offenses, which can limit the prosecutor’s flexibility.

Severity of the Alleged Incident

The seriousness of the accusations against you will also play a role in the prosecutor’s decision. If the alleged victim suffered significant injuries, if children were present, or if weapons were involved, the state may be less willing to drop the charges. On the other hand, if the incident was relatively minor and didn’t result in lasting harm, a dismissal may be more likely.

Alternatives to Dropping Domestic Violence Charges: Plea Bargains and Diversion Programs

Even if an outright dismissal of charges isn’t on the table, you may still have options for resolving your case short of a trial. Two common alternatives are plea bargains and diversion programs.

Plea Bargains

A plea bargain is essentially an agreement between the defense and the prosecution where you plead guilty or no contest to a lesser charge in exchange for a more lenient sentence. For example, the state might offer to reduce a felony domestic violence charge to a misdemeanor if you agree to plead guilty and complete counseling or other requirements.

While a plea bargain isn’t the same as getting the charges dropped, it can help you avoid the most serious penalties and move forward with your life more quickly. However, it’s important to understand the long-term consequences of any plea before accepting a deal.

Diversion Programs

Another potential option is a diversion program. Under Nevada law (NRS 174.031), some defendants may be eligible to have their charges dismissed if they complete a court-approved counseling or treatment program. Typically, this option is only available for first-time offenders who haven’t caused substantial bodily harm.

If you successfully finish the diversion program and stay out of trouble for a certain period of time, the court will dismiss the domestic violence charges against you. This allows you to avoid a criminal conviction while still being held accountable and getting the help you need.

Defending Against Domestic Violence Charges: Strategies and Considerations

Of course, there are also situations where the best course of action is to fight the charges head-on and work towards an acquittal at trial. This is where having a skilled and experienced domestic violence defense attorney on your side can make all the difference.

Some common defense strategies we may employ include:

• Challenging the credibility of the alleged victim or other witnesses
• Presenting evidence that contradicts the prosecution’s case
• Arguing that you were acting in self-defense or defense of others
• Filing motions to suppress illegally obtained evidence or statements

Every case is different, and the specific approach we take will depend on the unique facts and circumstances of your situation. Our goal is always to pursue the best possible outcome for you, whether that means getting the charges dropped, negotiating a favorable plea deal, or taking the case to trial.

The Consequences of a Domestic Violence Conviction in Nevada

It’s important to understand that a domestic violence conviction can have serious and long-lasting consequences beyond just criminal penalties like jail time and fines. Some of the potential collateral consequences include:

• Loss of gun rights under state and federal law
• Difficulty finding employment or housing
• Damage to your reputation and personal relationships
• Potential immigration consequences for non-citizens
• Limitations on child custody or visitation rights

That’s why it’s so crucial to have an aggressive and experienced legal advocate in your corner from the very beginning. The earlier you involve a skilled domestic violence defense lawyer, the more options you may have for fighting the charges and protecting your future.

How Benjamin Durham Law Firm Can Help with Your Domestic Violence Case

At Benjamin Durham Law Firm, we have a track record of successfully defending clients against domestic violence charges in Reno, Las Vegas, and throughout Nevada. We understand the high stakes involved in these cases, and we’re committed to providing the personalized attention and tireless advocacy you need during this difficult time.

When you hire our firm, we will:

• Conduct a thorough investigation into the allegations against you
• Identify any weaknesses or inconsistencies in the prosecution’s case
• Explore all available options for getting the charges dropped or reduced
• Provide honest and straightforward advice about your rights and options
• Fight tenaciously to protect your freedom and your future

We know that facing domestic violence charges can be overwhelming and stressful, but you don’t have to go through this alone. Our team is here to listen to your side of the story, answer your questions, and guide you through the legal process with skill and compassion.

Don’t Face Domestic Violence Charges Alone: Contact Benjamin Durham Law Firm Today

If you or a loved one has been arrested for domestic violence in Nevada, the most important thing you can do is seek experienced legal representation as soon as possible. The earlier you have a knowledgeable attorney on your side, the better your chances of achieving a favorable outcome in your case.

At Benjamin Durham Law Firm, we offer free and confidential consultations to discuss your case and help you understand your options. We know that every situation is unique, and we’ll take the time to listen to your story and develop a tailored defense strategy that fits your needs and goals.

Don’t wait to get the help you need. Contact our office today or fill out our online form to schedule your consultation. Let us put our experience and advocacy to work for you.