5 Powerful Domestic Violence Defenses to Get Charges Dropped

When you’re facing domestic violence charges, the stakes are high. A conviction can mean jail time, hefty fines, and a criminal record that follows you for life. But just because you’ve been accused doesn’t mean you’ll be convicted.

There are powerful defense strategies that can get domestic violence charges dropped before you ever set foot in a courtroom.

As criminal defense attorneys who’ve handled countless domestic violence cases, we know what it takes to build a strong defense from day one. In this post, we’ll lay out five of the most effective ways to fight back against false or exaggerated accusations and work towards getting your case dismissed.

Domestic Violence Charges in Nevada

Under Nevada law (NRS 33.018), domestic violence is defined as any act of violence or threat of violence committed against a person with whom the perpetrator has a certain relationship, such as a current or former spouse, dating partner, co-parent, or household member.

Domestic violence offenses can take many forms, including:

• Battery: The intentional and unlawful use of force or violence against another person (NRS 200.481)
• Assault: Attempting to use force or violence against someone or placing them in fear of immediate bodily harm (NRS 200.471)
• Stalking: Engaging in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed, or fearful for their safety or the safety of a family member (NRS 200.575)

The penalties for a domestic violence conviction in Nevada can be severe, depending on the specific offense and the defendant’s prior criminal history.

Aggravating Factors That Can Enhance Domestic Violence Charges

Certain circumstances can elevate a domestic violence charge to a more serious offense with harsher penalties. These aggravating factors may include:

• Prior domestic violence convictions
• Use of a deadly weapon during the commission of the offense
• Committing the offense in the presence of children
• Causing substantial bodily harm to the victim (NRS 0.060)

If any of these aggravating factors are present in your case, it’s especially crucial to have a knowledgeable defense attorney who can work to mitigate their impact on your charges and potential sentence.

Effective Defenses Against Domestic Violence Charges

While every domestic violence case is unique, there are several common defenses that may be used to fight the charges and secure a favorable outcome. Some effective defenses against domestic violence charges include:

Self-Defense or Defense of Others

If you were acting to protect yourself or another person from imminent harm, you may have a valid self-defense claim. This defense can be powerful if there is evidence that the alleged victim was the primary aggressor or if you had a reasonable belief that force was necessary to prevent injury.

Lack of Evidence or False Allegations

In some cases, the accusations against you may be baseless or unsubstantiated. Your attorney can challenge the prosecution’s case by exposing inconsistencies in the accuser’s story or highlighting a lack of physical evidence or witness testimony. If the evidence is weak or the allegations are demonstrably false, this can be a strong argument for dismissal.

Consent or Mutual Combat

If the alleged victim consented to the physical contact or was an active participant in the altercation, this may be a defense to the charges. This defense can be tricky, as there may be a fine line between consent and assault, but if there is evidence that the alleged victim willingly engaged in the conduct, it can cast doubt on the prosecution’s case.

Accidental or Unintentional Acts

If the physical contact was unintentional or the result of an accident, this may negate the required intent for a criminal offense. For example, if you accidentally bumped into the alleged victim during an argument, causing them to fall, this may not meet the legal definition of an intentional assault.

Alibi or Mistaken Identity

If you have evidence that you were somewhere else when the alleged incident occurred, or if there is reason to believe that the accuser has misidentified you, your attorney can present this information to challenge the charges. Alibis can be supported by witness testimony, surveillance footage, or other records showing your whereabouts at the time of the alleged offense.

Negotiating Plea Bargains and Reduced Charges

In some cases, the best defense strategy may be negotiating with prosecutors to reduce or dismiss the domestic violence charges against you. Our defense attorneys can leverage their knowledge of the law, the facts of your case, and any weaknesses in the prosecution’s evidence to secure a favorable plea bargain on your behalf.

For example, we may be able to negotiate a reduction of felony charges to misdemeanors or to have the domestic violence charges dropped altogether in exchange for a plea to a lesser offense, like disorderly conduct.

The benefits of a well-negotiated plea bargain can be significant, including:

• Avoiding the uncertainty and stress of a trial
• Minimizing the potential penalties you face
• Preserving your criminal record and avoiding the stigma of a domestic violence conviction

However, it’s important to remember that any plea agreement should be carefully reviewed and considered with the guidance of an experienced defense attorney who can advise you of the potential consequences and ensure that the deal is in your best interests.

Fight Back Against Domestic Violence Charges – Call Us Now

At the Benjamin Durham Law Firm, we have a proven track record of successfully defending clients against domestic violence charges in Nevada. We understand what’s at stake and are committed to providing the personalized attention, sound legal guidance, and tireless advocacy you need to protect your rights, your freedom, and your future.

aIf you or a loved one are facing domestic violence charges, we invite you to contact our office for a confidential consultation. We’ll take the time to listen to your story, explain your legal options, and develop a tailored defense strategy designed to achieve your unique goals. Don’t wait – the sooner you reach out, the sooner we can start building your defense.

Contact us today or send us a message online to schedule your consultation.