Four Instances that can turn a First-Time Domestic Battery Charge into a Felony

 

As far as convictions go, a first-time domestic battery charge isn’t too bad. On top of just a short jail stay, the fines are relatively cheap, and the other obligations aren’t too heavy. All in all, a defendant can go through their sentence without much trouble.

Remember that things can easily come to a head in such cases, however. A little bit of evidence or a surprise testimony can easily transform the charge into a more serious one, making it more difficult for the defendant to get a dismissal or not-guilty verdict. Let’s look at 4 cases that can turn a first domestic battery charge into a felony.

Strangulation

Domestic battery cases often involve the use of bare hands and/or feet to inflict physical pain on a victim. The damage is fairly visible at first glance and can lead to a conviction if a sure link to the defendant can be determined. However, if neck damage due to strangulation is confirmed, the battery case is automatically escalated to a felony charge. Strangulation may involve bare hands or any device that can be wrapped around the neck, like rope.

Use of a Deadly Weapon

A battery remains a battery if the offender only used a part of their body to inflict injuries on the victim. However, if they use an item that puts the victim at risk of death, the first offense automatically escalates to a felony. Examples of deadly weapons include knives, heavy blunt objects, or guns.

Substantial Bodily Harm

Battery cases are still considered misdemeanors if the victim sustained relatively light injuries. That is, the injuries did not interfere with their everyday functions. However, if the victim actually suffered enough that their body was temporarily or permanently prevented from functioning normally, that constitutes a count of substantial bodily harm. Such situations automatically merit a felony charge for the defendant.

Previous Domestic Violence Convictions

Some felony charges come into effect automatically when the defendant is a repeat offender. In the case of a domestic battery charge, the defendant must have had at least two prior convictions for related charges in the past. This only comes into effect if the previous verdicts were handed down within the past seven years.

Felony domestic battery charges can be difficult to defend against, but they can be overcome. Get in touch with a veteran domestic violence lawyer in Las Vegas to represent you.

Why Anger Management Does not Always Prevent Domestic Violence in Las Vegas

 When it comes to family issues, domestic violence incidents tend to branch out from simple situations into complicated cases. As such, many of the solutions suggested by people studying such cases involve dealing with the possible root causes of the issue to prevent things from escalating further. One of these offered solutions is anger management.

While it is true that domestic abuse cases involve a host of strong emotions both during and after the alleged act, they aren’t always part of the core issues in all cases. Anger management may only work with what’s on the surface and fail to correct the underlying problems related to the domestic abuse case. Let’s look at why anger management does not always prevent domestic violence in Las Vegas.

Why Anger Management?

Before we go further, let’s look at why anger management seems to be a go-to solution for incidents of domestic violence. As listed in some corrective service guidelines, convicted domestic violence offenders are expected to spend time in an anger management program to help deal with their emotional issues. It could either be a full-blown program in lieu of prison time, or part of the prison sentence is suspended in exchange for a house arrest and a visit to a staggered anger management course.

The intent is pretty straightforward: by learning to control their emotions, it is hoped that domestic abuse offenders will be able to better handle family problems and avoid resorting to violence in the long run. The long-term aim is to teach the offender to use other methods to deal with issues and conflicts at home.

So, Why Does It Not Work?

One of the common misconceptions about domestic violence among people not familiar with the subject is that anger alone drives domestic abusers to commit these acts. They think that by simply being able to have a handle on emotional outbursts, particularly those episodes of extreme rage and anxiety, they can minimize, if not outright avoid, a repeat of domestic abuse incidents in the future.

This belief is one of the misconceptions that domestic abuse advocates often refute. They always point out that domestic violence is not about anger, but control of another person at all levels. They insist that, for a person to really turn away from a life of domestic coercion and control, they need to stop using violent methods to influence how their partner acts and thinks. Focusing on the anger aspect does not even scratch the main point of domestic abuse in the first place.

What Really Matters

It is commendable that people want to offer solutions that they believe will help minimize the incidents of domestic abuse happening across Las Vegas in particular, and the country as a whole. Understanding how perpetrators feel and act is a decent first step, as they try to step in the person’s shoes and determine what motivates them to act in a certain way.

However, not all problems can be solved by dealing with the visible issues; there are many pertinent problems that experts need to look into deeper to get better results. They can look at things that motivate (or in this case, demotivate) alleged domestic violence offenders, and seek ways to alleviate these problems for a more long-term solution. They may even find ways to minimize false convictions for alleged domestic violence offenders along the way.

Working on anger issues for domestic violence defendants is a good start, but it doesn’t always reach into the core of the issue, and it is never the same situation for each case. Legal and psychological professionals need to work out more effective ways to reduce domestic violence cases in the future through more effective methods and education. 

A Look at Domestic Violence During Thanksgiving

 Everyone looks forward to holidays, especially if they’re extended ones. They offer a chance to unwind, sit back, and enjoy a good rest away from work or school, celebrating with family and friends. With Thanksgiving just a few weeks away, people are especially anxious to get down with the festivities.

While Thanksgiving is a time of relaxation and celebration, it can be surprising how much of a dark side it has. Stories of increased DUI incidents and the typical family brawls abound, but in recent years there has been an increasing amount of reports regarding domestic violence incidents over the Thanksgiving weekend. Why is this the case?

A Look at Holiday DV Numbers

Domestic abuse is oftentimes an intimate kind of crime, happening behind closed doors in the privacy of the perpetrator and the victim’s home. People may wonder how such incidents can still be prevalent on such major holidays like Thanksgiving, where large family gatherings are prevalent and there are so many people in the house. However, such situations can be pretty deceiving to an outside viewer.

To give you more context, data from a 2014 report collating domestic violence hotline call records between 2004 and 2013 saw an average of 570 calls made from Thanksgiving until right after Christmas. While lower than the 675 daily average recorded for the same time period, it was still a significant number to consider for holiday periods in general. Another point to consider is that the number of calls were highest a few days after the vacation period.

Why It’s Becoming Prevalent

Holidays are supposed to be a period of relaxation and letting loose. However, different people have different perspectives for this sentiment. If you’re the one hosting the thanksgiving party, you’ll have a hard time preparing for the event itself. If you’re an abuser, you’ll probably have more triggers to commit violence on your partner during the holidays.

One of the commonly-reported triggers for an increase in domestic violence appears to be for the abuser to spend more time at home with the victim than at other times of the year, where they can attack the victim behind the backs of all their relatives. Other common factors include increased alcohol intake due to the lack of work and presence of more friends, and the mounting stress of dealing with too many people over an extended period. 

Providing Support During the Holidays

Even during Thanksgiving, public and private domestic violence advocates still provide assistance to victims in a variety of ways. The availability of emergency hotlines even during the breaks is just one of many methods that victims can seek assistance. However, other services may have to be extended to fully assist victims and/or their affected relatives.

The National Resource Center for Domestic Violence advocates for more intensive support when dealing with domestic abuse during the holidays. Understanding the prevalence of Thanksgiving family abuse, they have pushed for more intensive assistance from professionals, including extra periods of respite at shelters, extended therapeutic sessions with victims, and safety planning for especially vulnerable individuals. With a growing trend in partners spending the Thanksgiving holiday on their own, the Center is concerned about the possible increase in victims who have limited access to relatives who can shelter and support them.

As you enjoy the coming Thanksgiving, be wary about the possible incidents of domestic violence around you.

The Increased Risk of Domestic Violence Cases During the Pandemic

The coronavirus pandemic has had an unprecedented and severe effect on the lives of many people, not just in Las Vegas, but all across the world at large. For several weeks people were forced to go out less or extensively stay at home in a bid to minimize the spread of this deadly virus. Businesses and public services were seriously disrupted as work hours were staggered or only essential people were called in for work. People had to fumble around with online communications just to get work or school done.

While the country is still dealing with the repercussions of this major medical event, there were other issues that brewed up during the period, and have just come to light. For instance, during the height of the lockdown period, there was a reported increase in domestic violence cases across various parts of the world, and in Las Vegas in particular. It is a serious development that can be of interest to domestic violence defense attorneys who are studying the repercussions of the virus lockdown on the field of criminal defense as a whole.

The Global Picture

One of the primary responses across the world to prevent the spread of the coronavirus is to advise their citizens to stay home. While it has contributed to slowing down the proliferation of the virus, it has led to negative repercussions across the board, like economic slowdowns, mental health issues, and socio-political disruption. Unfortunately, the stresses of being stuck at home for an extended period, as well as a reduction of work options, has led to friction between family members and eventually, more alleged instances of domestic violence.

National governments and non-profit groups reported a significant increase in domestic violence-related calls over the past two months. Many reported stress-induced incidents where their spouses or parents physically abused them as a means of channeling their frustrations caused by the lockdown. Other frequently-reported cases involve abusive and mentally dangerous individuals using the lockdown to detain victims against their will, using the lockdown as a valid excuse while their paranoia gets the best of them. The situation has reached such levels that even the UN Secretary-General appealed for these people to cease their actions as it was compounding an already-difficult situation.

The Situation at Home

The United States has not been spared this situation, with many states reporting increases in physical and sexual abuse in households affected by the pandemic. These reports range from verbal or physical threats for people trying to get out to purchase supplies on authorized times, to even attempted homicide with household implements and unregistered firearms. While there are locations that reported a decrease in domestic violence reports, law enforcement in said areas suspect that the pandemic has led to underreporting from possible victims.

In Las Vegas, the first phase of the city’s post-lockdown re-opening saw a substantial increase in domestic violence reports, with many of the incidents covering the lockdown period. Police and local volunteers expect the calls for help to increase further as time goes on. They are also looking into an increase of domestic abuse-related homicides in the city due to further repercussions brought about by the virus.

A Case Study for Defense Lawyers

Extended periods of confinement combined with reduced opportunities to grow financially have led to friction with family members during this lockdown period. While previous studies note that extended periods of family members staying together (such as during holidays or vacations) can lead to increased chances of domestic abuse, the virus lockdown offers a new perspective on situations that merit such accusations.

Defense attorneys will look to these incidents with a keener eye. They will have to determine if the effects of the pandemic can be a valid defense against a future domestic violence conviction. Related circumstances to such incidents--like the delayed request for help, available witnesses and evidence, and the motivations for both parties as colored by the lockdown--have a role to play in future cases that defense lawyers in Las Vegas and beyond will handle.

The coronavirus lockdown may have had a negative on people’s lives and may have led to an increase in certain crimes, but it has provided insight into new avenues that legal experts can learn from. This is invaluable knowledge moving forward, preparing defense attorneys for handling cases during and after major disasters.

Power and Control in Domestic Violence

Attorney Ross Goodman 520 S 4th St, Las Vegas, NV 89101 Phone: (702) 383 – 5088 Fax: (702) 385 – 5088

Power and Control Wheel

The power and control wheel was developed in 1982 by the Domestic Abuse Program in Minneapolis to explain the nature of abuse, to delineate the forms of abuse used to control another person, and to educate people with the goal of stopping violence. (source: Wikipedia)

Why does a person choose to abuse?

Basically, a person chooses to abuse someone for power and control.  By using different strategies, an abuser is able to gain and maintain control over a victim.

Here are some ways on how power and control is used in domestic violence:

Emotional Abuse

This is also known as psychological abuse or “chronic verbal aggression” by researchers. 

Common examples:

·         Improper name calling

·         Constant criticism

·         Belittling the victim’s abilities and competency

·         Jealousy

·         Accusations of imagined affairs

·         Insults

·         Withholding affection

·         Putdowns

·         Silent treatment

·         Threats to friends/family

·         Public humiliation

·         Manipulating the victim’s feelings and emotions to induce guilt

·         Blaming the victim for the abuse

·         Verbally abusing the victim

·         Threatening to “out” partners in the GLBT community

·         Subverting a partner’s relationship with the children

·         Repeatedly making and breaking promises.

Physical Abuse

This is defined as the use of physical force that may result in bodily injury, physical pain, or impairment.

Examples:

·         Hitting

·         Grabbing

·         Smacking

·         Pinching

·         Kicking

·         Shoving

·         Biting

·         Slapping

·         Burning

·         Arm-twisting

·         Pushing

·         Punching

·         Restraining from leaving a room/house

·         Hitting or threats with objects or weapon

·         Strangulation

·         Stabbing

·         Shooting. 

Sexual Abuse

This involves attempting to coerce any sexual contact without the consent of the victim.

Examples:

·         Marital rape

·         Acquaintance rape

·         Forced prostitution

·         Forced sex after physical beating

·         Criticizing sexual performance

·         Unwanted sexual acts

·         Forcing unprotected sex/pregnancy

·         Fondling

·         Sodomy

·         Sex outside the relationship – putting the victim at risk for disease.

Financial Abuse

This involves misuse of a person’s money, property or assets through theft or fraud.

Example

·         Having total control over the victim’s earned income

·         Having total control over victim’s public assistance or social security

·         Being forced to work

·         Having no access to money

·         Being given an allowance

·         Forbidding attendance at school

·         Forbidding employment

·         Not having any say in how the money is spent

·         Having to beg or ask for more money

·         Forced welfare fraud

·         Withholding information about family running up bills for which the victim is responsible for payment, having to do favors for money.

Are you accused of being responsible to any of these forms of abuse? Hire a domestic violence attorney right away! Atty. Ross C. Goodman is one of the most prominent and the most experienced Las Vegas domestic violence lawyers.  Call him at (702) 383-5088 or visit his office for a free legal consultation.

The Cycle of Abuse in Relation to Domestic Violence

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

Lenore E. Walker, an American psychologist, developed a social cycle theory in 1979 that includes the cycle of abuse. An entire cycle could happen in just a period of 24 hours, a week or a month. Walker interviewed people subject to domestic violence and found out that there is a similar pattern among victims. Here is the proposed cycle of abuse.

•  Tension Building

The tension between couples usually builds up due to different domestic issues such as financial matter, parental responsibilities, time for each other, etc. During this stage, the abuser (whether it is the man or the woman) tends to be more irritated and vulnerable than the other. The victim feels the need to concede the abuser’s emotion to minimize the tension. The communication starts to break down and the tension continues.

•   Incident

When the tension reaches its boiling point, violence will take place. Violence results to different forms of abuse such as physical, emotional and sexual abuse. In this stage, the abuser dominates his/her partner with the use of violence. The abuser may also make threats of future violence against the victim.

•   Reconciliation

This is also known as ‘honeymoon’ stage wherein the abuser suddenly changes his/her behavior. He/she tends to feel remorse and guilt. The abuser apologizes to the victim and asks for his/her forgiveness while the victim feels disrespected and humiliated. This serves to be the last stage for most cases like repetitive violence.

•  Calm

When the victim decided to forgive the abuser, then this stage will take place. It seems like violence didn’t happen at all. The relationship between two parties will be at peace. The sad thing is that, when another problem or argument comes in, the cycle will start all over again from tension.

The cycle of abuse proposed by Walker doesn’t apply to everyone’s abusive relationship. However, this is widely used in domestic violence programs particularly in the United States. The cycle may happen a hundred times in a relationship. One total cycle may take longer than expected. Each stage may vary in a certain amount of time and may also be skipped for some reasons.

Every person deserves a second chance. If you have been charged with domestic violence, contact a prominent domestic violence attorney like Ross Goodman. He can help you convince the court to dismiss the case or at least lessen the penalties.

Call Goodman Law Group, P. C. at (702) 383-5088 for a free consultation.

Domestic Violence An In-depth Explanation Part 2: Battery vs Assault

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

Let us discuss now the difference between Domestic Battery and Assault.

Domestic battery occurs when there is a “physical” contact between the offender and the victim. Direct contact is not necessarily for battery such as throwing of vase with the intention to harm the other person. Assault is similar to battery but without physical contact. It is any intentional act that implies fear of physical harm to another person. Pointing a gun to the other person is a good example.

Domestic battery and assault have different penalties. It is an advantage to know their difference.

Here are examples that compares Domestic Violence Battery and Assault:

Example	Battery	Assault
Throwing a vase to another person	If it hits the person.	If it misses.
Using and pointing a “realistic”toy gun		Can be classified as an assault.
Punching, kicking, slapping, pushing	If there is a direct contact.	If they miss.
Intentional spitting		It can be classified as “simple assault”.
Pointing a knife, attempting to stab a person	If the other person was stabbed. It is classified as battery with deadly weapon	Classified as an assault.
Cocking of fist and backed-up by statements that you are going to punch the person.		Classified as an assault.

Penalties

Domestic Battery

• Without the use of deadly weapon with NO substantial bodily harm – Misdemeanor. Punishable by imprisonment of not more than 6 months, or fines of not more than $1,000, or community service in lieu of imprisonment time.

• Without the use of deadly weapon but with substantial bodily harm, or strangulation – Category C Felony. Punishable by imprisonment of not more than 5 years, or fines not exceeding $10,000.

• With use of deadly weapon with NO substantial bodily harm – Category B Felony. Imprisonment of not more than 10 years, or fines of not more than $10,000.

• Committed by a probationer, or with use of deadly weapon but with substantial bodily harm – Category B Felony. Punishable by imprisonment between 2 to 15 years, or fines of $10,000.

• With the intent to kill – Category B Felony. Imprisonment between 2 to 20 years.

• With the intent to commit sexual assault and with substantial bodily harm – Category A Felony. Life imprisonment with possibility of parole after 10 years ( Depending on the judge's decision), plus fines of $10,000.

• With the intent to commit sexual assault on children 15 years and below with NO substantial bodily harm – Category A Felony. Punishable by imprisonment of 5 years up to life imprisonment with the possibility of parole, and fines of $10,000.

Domestic Assault

• Without the use of deadly weapon – Misdemeanor. Imprisonment of not more than 6 months, or a $1,000 fine, or community service in lieu of jail time.

• With the use of deadly weapon – Category B Felony. Punishable of imprisonment between 1 to 6 years, plus/or fines of $5,000.

If you are charged with domestic battery or assault, it is better to contact a Las Vegas domestic violence lawyer for legal consultations. Attorney Ross C. Goodman is here to help you. He has decades of experience defending domestic violence cases. He can reduce or dismiss the charges against you. Contact Attorney Ross Goodman at (702) 383 – 5088 for a free consultation.

Domestic Violence An In-depth Explanation Part 1 : Definition

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

Phone: (702) 383 – 5088

Fax: (702) 385 – 5088

Domestic Violence is one of the most recurring cases in Nevada. Nevada Network Against Domestic Violence (NNADV), reported that there were over 38,000 victims of Domestic Violence in Nevada for this year. And that value represents only the reported cases. If you know someone who is a victim or charged with domestic violence, it is of utmost importance that they hire the best domestic abuse lawyer in Las Vegas. Attorney Ross C Goodman, will handle your domestic violence case with care as domestic violence can be extremely complex and sensitive. Hiring a good lawyer will be beneficial and advantageous in the long-run.

This article will be divided into several parts. The goal of the article is to explain domestic violence in layman terms.

Nevada Revised Statutes Definition

Domestic Violence occurs when a person commits a violent acts against another person in the same household. It can be against any person that is related by blood such as children, spouse and parents, or other person that the subject is having dating relationship with. The term “dating relationship” pertains to frequent intimate sexual or affection involvement with another person. It does not include casual relationships such as relationship with friends, co-worker, classmates and so forth.

Here is the list of violent acts according to our NRS:

• Battery – this means the use of unlawful force against other person.
• Assault – this is the unlawful attempt to use force against another person; or intentionally placing another person in harm.
•  Battery vs Assault – Assault is only an “attempt” to use force against another person. It can be a punch that missed, a kick that missed, or any attempt to intentionally harm a person. Battery means that the action to harm the person has been done.
• Threatening another person
  
• Sexual Assault
  
• Intentional or reckless harassment – NRS defines harassment as “to cause physical damage to the property, to hinder or cause negative impact on the daily routine of the person, to do any act that harms the physical and mental health of the person and to cause fear to another person.” These actions includes:
  
  • Arson – defined in NRS as “to have set fire to a building, structure or any property of another person.” It can be done by the person or an accomplice. It has certain degrees attached to it.
    
    • First Degree Arson – burning of an occupied or un-occupied personal property.
      
    • Second Degree Arson – burning of an “abandoned” building that is owned by the person.
      
    • Third Degree Arson – Burning of unoccupied property that has a value of $25 or more, property owned by the person that has legal interest, or crops, trees, grass, vegetation, or other flammable materials that the person owns.
      
    • Fourth Degree Arson - is an attempt to set fire to the properties mentioned above. Fourth degree arson includes people who aided in the attempt.
      
  • Trespassing - this is defined in the NRS as “any person who goes upon the land or into any building of another person with the intention to annoy or cause distress or wilfully goes to the land or building of another person after being warned by the owner not to trespass”
    
  • Stalking – an action that causes another person to feel frightened, terrorized, harassed, or fearful for their safety is classified as stalking.
    
  • Larceny – Intentionally stealing, taking, carrying, driving or leading away of another person's property.
    
  • Destruction of property – intentionally breaking other person's properties such as vases, electronics, windows, etc.
    
  • Injuring or killing another person's animal.
    
  • Carrying a concealed weapon without a permit.
    

This article serves as a user-friendly guide. The definition and acts that constitute domestic violence is based on our Nevada Revised Statutes. Examples of Battery, Assault, Stalking, Larceny will be discussed on the next part of the article. If you have further questions or inquiries regarding domestic violence. You may contact Goodman Law Group at (702) 383 – 5088 for free consultation.

How A Las Vegas Domestic Violence Lawyer Defends The Case Part 2

We tackled the basic information gathering process of a domestic abuse attorney. In this article, we will discuss more of what the accused usually have to say. The client's testimony to the lawyer is “important” in the defending process. It serves as the baseline for a further defense strategy. Listed below are some of the most common explanations of those accused of domestic violence when charged by the Law:

1.) What happened was an accident. I meant no harm. She slipped out on her own.

The lawyer will try to look for inconsistencies in the client's statement. Inconsistencies can lead to a poor defense. The lawyer will look at the actual facts such as: is the floor slippery? Are there slippery substances on the floor such as water, oil, etc? Are there any signs of struggle? Were there reports of blood stains on the client’s clothes?

2.) The victim is lying. It was all made-up, I never did anything that he/she said.

The lawyer will try to assess the client and the victim. The lawyer will look for inconsistencies by reading the police, media, and medical reports then compares it with the client's testimony. The lawyer can also interview the witnesses and the responding officer. The lawyer will find the inconsistency in the story of the victim and analyse the case thoroughly.

Example: the victim reported that the accused tried to stab him with a “kitchen” knife (notice the word kitchen). However, based on the police report, the Kitchen knives were left untouched.

3.) It wasn't me. I was not there at the crime scene. I was out shopping, etc.

The accused must tell the lawyer his/her exact whereabouts during the time of the crime. The location, place, the exact time, people he or she talked with or met, GPS location, etc. CCTV's at the alleged location will be reviewed, witnesses will be interviewed, and any physical evidence of the defendant's presence will be checked. Physical evidence includes hairs, smartphone locations, the vehicle used, etc.

4.) Yes I did it, but it was all victim's fault.

If the accused says that it was the victim who provoked the action, then the defending lawyer will try to look for supporting evidence such as: the mental health of the victim during the time of the event. Is the victim in medication? Is the victim has anger-management issues? Is she under the influence of alcohol or drugs? Did the victim admit that it was his/her fault?. The lawyer can also review the witnesses' testimonies that can help with the case.

The defense testimonies that are written here are just a few samples of the most recurring types of testimonies of the accused when charged with domestic violence according to most lawyers. There are still many defense scenarios in a domestic violence case and a good domestic violence lawyer successfully defends the case by utilising all the information regarding the case.

Las Vegas Domestic Violence Attorney Ross Goodman has an extensive background in criminal defense that has led him to the shortlist of Top Lawyers in Las Vegas. His defense strategies are guaranteed to produce positive results. Contact him now at (702) 383 - 5088 for a free consultation. His office is located at:

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

How Las Vegas Domestic Violence Attorney Defends The Case Part 1:

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

Las Vegas domestic violence lawyers start off looking at domestic violence cases form a standard checklist which then evolves to a more deeper strategic legal defense that the lawyer decides to action. The attorney evaluates the case by reading the police reports, by inspecting the evidence, by interviewing the witnesses and by reviewing the media reports. The attorney then makes an assessment regarding the client's status, whether there is a strong chance of defending the case, or not. In this article, we will focus on the information gathering techniques of a family violence lawyer in Las Vegas:

• Was the victim or defendant high or intoxicated?

If the defendant was under the influence of drugs or alcohol during the incident. The lawyer can claim that the defendant`s account of the situation cannot be taken seriously.

• How fresh are the victim or defendant's wound, if none, what are the other signs of struggle?

Fresh wounds and signs of struggle can turn the favor against the defendant. If there are signs of injury or substantial bodily harm, the judge may impose additional penalties. The signs of struggle includes: blood or rips in clothes, scratches, etc. Substantial bodily harm are the following: burns, bruises, lacerations, broken bones, head injury, gunshot wounds, and any injury that require stitches.

• The victim and the defendant's emotional and mental state.

The emotional state of the victim and the defendant can also be used by the domestic violence lawyer. There is a defense called the “insanity defense”. Those who are labeled as “insane” by a psychiatrist are not reliable according to the State of Nevada. The law specifically states that there should be an “intent” to do the crime. Having a mental illness prohibits the defendant to “actually” know what they are doing. There is no “intent” present. Note* insanity defense can be hard to win, it requires testimony and a written report from a certified psychiatrist.

• What are the police reports? Are the police observation consistent with the defendant's?

The domestic violence lawyer would then get a personal copy of the police report. Police reports should be consistent with the defendant's report. The police report will be reviewed by the domestic violence lawyer. The lawyer would give legal advice based on the police report.

• What other physical evidence are there?

The list includes: broken phones, disconnected phone lines, broken appliances, blood stains, etc. The defense lawyer would study the evidence, try and connect the details, then take an appropriate course of legal action.

Hire a Domestic Violence Lawyer

If you are charged with domestic violence, you should hire a reputable lawyer to defend yourself. Attorney Ross Goodman is an experienced domestic violence lawyer in Las Vegas. He has handled numerous cases of domestic violence with amazing results. He will review your case rigorously and offer the best legal defense possible. Get a free consultation by calling the Goodman Law Group at (702) 383 – 5088.