Spousal abuse charges cannot only be incredibly disruptive to a person's life, but also lead to exhausting criminal trials and a lifelong criminal record. Spousal abuse falls into the category of domestic violence battery and is a distinct facet of criminal law. The term spousal abuse is considered to be a catchall term and in fact spousal abuse charges do not exist in Nevada, instead Nevada categorizes all spousal abuse under the crime of battery constituting domestic violence.
In the case of spousal abuse or domestic violence, the form of the abuse may take any form, including:
It is necessary to contact an experienced Las Vegas attorney immediately if you have pending spousal abuse or domestic violence charges. The penalties associated with spousal abuse in Las Vegas, Nevada can include:
- a prison sentence
- a jail term
- community service
- counseling sessions
- hefty fines
If you contact a Las Vegas criminal attorney it could be possible to avoid or mitigate several of the penalties associated with spousal abuse charges.
Las Vegas Spousal Abuse Attorney
If you retain Joel Mann, he will help you fight the charges being alleged against you. Many times he is also able to negotiate with the prosecution concerning spousal abuse convictions in order to avoid incarceration for first-time offenders, sometimes even getting the case dismissed. You may have to take marriage counseling classes, alcohol abuse classes, anger management classes, restraining orders and pay fines. Contact a criminal defense attorney for all of your options on mitigating a spousal abuse charge.
Reducing Spousal Abuse Charges in Nevada
In Nevada, law enforcement uses specific protocol to handle domestic violence cases. Generally, law police officers arrest individuals based on only one person’s statement, even if there is no sign of injuries. When the police are called out to a domestic violence or spousal abuse case their policy is to always arrest one person. Their policy is based on the belief that they need to take someone out of the home in order to prevent more abuse. Unfortunately, in the rush to arrest someone, the police fail to properly investigate the crime.
Regardless of whether the alleged victim recants the testimony, prosecutors must still pursue the charges. Many first time offenders have no previous criminal history, but the law makes it difficult for prosecutors to reduce charges based on lack of criminal history. Nevada law only allows a prosecutor to reduce the charges when there is a legal reason that will enable them to drop the charges.
Unfortunately, a lack of criminal history or the fact that you have been together with your wife or the alleged victim for many years is not enough of a legal reason to reduce the charges. Only an experienced Las Vegas spousal abuse defense attorney can negotiate with a seasoned prosecutor for a reduction of charges in your spousal abuse case.
Penalties for Spousal Abuse Charges
It is beneficial to get a lawyer to fight spousal abuse charges so that you can avoid the numerous penalties associated with a domestic violence conviction. Here are a sample of the consequences and penalties that you may incur if you are convicted of spousal abuse or domestic violence:
- Rehabilitative classes
- Prohibition of gun ownership
- 2 days-6 months in jail for first-time offenders
- $200-$1000 in fines and assessments for first-time offenders
- Maximum of 120 hours of community service for first-time offenders
- Weekly domestic violence classes not to exceed 6 months for first-time offenders
- 10 days-6 months jail for second-time offenders
- $500-$1000 in fines and assessments for second-time offenders
- 200 hours in community service for second-time offenders
- No more than 12 months of domestic violence counseling
- 1-5 years in Nevada state prison for third-time offenders
- Fine of no more than $10,000 for third-time offenders
By utilizing an experienced domestic violence defense attorney, you can fight the criminal charges and reduce the penalties as much as possible. Sometimes a lawyer can get all of your charges dismissed or at least significantly reduce the consequences of a spousal abuse charge.
How a Lawyer can Help
For individuals facing these charges, a Las Vegas spousal abuse attorney can help clients before, during, and after the legal process, including:
- Dealing with law enforcement and prosecutors on your behalf
- Come into a case at any stage and prepare for the trial representation
- Make every effort to resolve your case without a trial through dismissal
- Find a way to have the charges reduced through plea bargaining
- Find any alternative to sentencing medium
Law Office of Joel M. Mann | Responding to Allegations of Spousal Abuse in Nevada
If you are facing spousal abuse charges in Las Vegas, contact the Law Office of Joel M. Mann for a free legal consultation. Joel Mann is an experienced domestic violence attorney in Las Vegas who is dedicated limiting the civil and criminal negative consequences that stem from a domestic abuse case.