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Las Vegas Domestic Violence Attorney

Garrett T. Ogata | Las Vegas NV

First Time Being Arrested Domestic Violence

Domestic violence cases often involve people living in the same household, typically husband and wife or girlfriend and boyfriend. In domestic violence cases, one person makes an allegation against the other stating that there was physical violence or altercation between them. Cases like these can have serious consequences in divorce proceedings, custody battles or immigration proceedings and they have the ability to ruin people’s careers and reputations.

Don’t let yourself become a casualty of a domestic violence case. If you have been charged with domestic violence, then call the best criminal defense attorney in Las Vegas, Garrett T. Ogata. Garrett T. Ogata will use his experience to benefit you. Garrett T. Ogata is an aggressive defense attorney with years of legal counsel under his belt. What you need right now is a strong lawyer who is familiar with the prosecutors, judges and has insight into how court cases are handled. You need someone with courtroom experience to comb through the evidence and present the best possible defense for you.

Garrett T. Ogata is committed to providing aggressive, calculated representation to all of his clients. He knows that anyone accused of domestic violence will have numerous questions about them brought up during the process. Our job is to keep your name safe, out of the public eye and aggressively defend you against these charges. It is imperative that we get the straight facts in order to better represent you as our client. We will work with you in order to achieve the best outcome from your domestic violence charges. Garrett T. Ogata has the necessary skills, talent and expertise it takes to represent you in this matter.The Law Offices of Garrett T. Ogata focuses its practice in Clark County, as well as throughout the Southern Nevada area. We represent clients in all trial courts, as well as on appeals. This allows Garrett T. Ogata to maintain familiarity with the various courts and keep him well aware of the ever changing criminal law in order to better represent you as a client. The law constantly changes; that’s why you need someone who knows the law completely. In times like this, you want the best criminal defense lawyer in Las Vegas.

If you or someone you know has been charged with domestic violence, do not wait to call Garrett T. Ogata today. The quicker you call, the faster we can get on the case. In moments like this, time is of the essence, so don’t hesitate to call as soon as possible. The more information about the case we can gather, the better we can serve our clients.

When you or someone you know has been charged with a criminal offense, their livelihood, their reputation and their very freedom is at stake. They deserve an aggressive criminal defense attorney in Las Vegas who will represent them above all else. They need someone who understands the mechanisms that govern a courtroom. They need Garrett T. Ogata.

 


Domestic Battery Charges

Domestic Battery In Nevada

Domestic Violence ArrestAny time a person is charged with a crime it is a serious issue, but a charge of domestic battery can cause irreparable damage to a person’s future. The crime of domestic battery is like an umbrella that covers a large number of issues and people. In fact a person may commit domestic battery without even realizing it. Due to the in-depth nature of these laws it is important to have a competent attorney to defend your rights. Garrett T. Ogata is experienced in domestic battery cases and we can ensure that you get the best possible outcome in your case.

Nevada Revised Statutes 200.481, 200.485 and 33.018 cover definitions of battery as they relate to domestic relationships. A charge of battery can be filed against a person believed to have willfully and unlawfully used force or violence against another person. A charge of domestic battery can be brought if anyone listed in NRS 33.018 is the alleged victim of the battery.

  • A spouse or former spouse.
  • Any person related by blood or marriage.
  • Any person residing with the alleged perpetrator.
  • Any person the alleged perpetrator is dating or has dated.
  • Any person who has a child with the person accused.
  • Any minor child of the alleged victim.
  • The minor child of the accused.
  • Any person that is the legal guardian or custodian of the child of the accused.

Domestic battery convictions can lead to fines in the thousands of dollars and imprisonment of up to ten years depending on the situation. Domestic violence accusations are very serious charges and thus require an experienced lawyer. The Law Offices of Garrett T. Ogata if fully prepared to take on your case and we will work our hardest to have you cleared of all charges.

Domestic Battery First Offense Penalties

Domestic Battery Las VegasDomestic battery charges can carry very sharp consequences if a person is convicted. Domestic battery occurs when a person willfully and unlawfully uses force or violence against anyone mentioned in Nevada Revised Statute (NRS) 33.018. These people include both family members and some non-family members. Even first offenses can carry serious consequences, but the Law Offices of Garrett T. Ogata is experienced in all related laws and will work diligently to have your name cleared.

NRS 200.485 covers all penalties for domestic battery charges. A domestic violence first offense occurs when it is the first charge in a seven year period. This is considered a misdemeanor. There can be substantial financial costs to the accused if they are not acquitted.

  • A fine of at least two-hundred dollars but not more than one-thousand dollars will be levied against the accused.
  • A domestic violence treatment program must be attended for not less than one-and-a-half hours per week for at least six months. The accused cannot be made to go longer than twelve months. The full price of this therapy falls on the accused.
  • A thirty-five dollar administration fee is charged by the court.

Financial penalties are not all that a person accused of domestic battery has to worry about. There is also the real possibility of jail time and other penalties.

  • A first offense of domestic battery in a seven year period can bring with it jail time ranging from two days to six months.
  • A first offense also carries 48 to 120 hours of community service if convicted.
  • The judge may choose to let the accused serve their jail sentence intermittently, but each period of imprisonment must be at least four consecutive hours.

Even a first offense of domestic battery can carry serious repercussions that can follow you throughout the rest of your life. It is important to seek experienced legal counsel. We at the Law Offices of Garrett T. Ogata will work tirelessly to maintain your freedom.

Domestic Battery Second Penalties

Domestic Violence -KidGoing through one domestic battery charge is enough to make anyone realize that the penalties of such a charge are serious. A second offense of domestic battery carries with it fines and penalties that can far exceed the penalties of a first offense. A charge is only considered a second offense if it is the second domestic battery charge against a person in a seven year period. This is categorized as a misdemeanor, but the Law Offices of Garrett T. Ogata knows that even a misdemeanor of this nature can affect someone’s entire life.

Nevada Revised Statutes (NRS) 200.485 covers the penalties associated with a second offense of domestic battery in a seven year period. A person can be charged with domestic battery against several persons whether family or not. The consequences for a second charge include several penalties that can hurt your wallet.

  • A fine of five-hundred to one-thousand dollars will be imposed.
  • A court administration fee of thirty-five dollars is charged.
  • The accused must attend a domestic violence treatment course if convicted. That person must go to these classes for at least one-and-a-half hours per week for twelve months. The cost of these classes is covered by the accused.

Monetary issues are not all that a person accused of their second domestic battery offense has to worry about. The penalties are more stringent than those imposed on a first offense.

  • If convicted the accused will serve between ten days and six months in jail.
  • Community service ranging from one-hundred to two-hundred hours will be imposed.

Domestic battery is a serious charge with severe consequences. Even if you get off without any jail time a charge of this nature may preclude you from getting several types of jobs. We at the Law Offices of Garrett T. Ogata have seen many people ruin their lives by not hiring a lawyer when accused of domestic battery. We want to make sure you don’t become one of them.

Domestic Battery Third Offense Penalties

Domestic Violence Las VegasAnyone who has gone through two domestic battery charges can attest to the fact that courts do not go easy on people that they believe are a danger to their family or others. A third domestic battery charge carries with it consequences that make the penalties of a first and second offense seem elementary. A third offense is charged as a Category C felony. The Law Offices of Garrett T. Ogata has seen what this type of felony conviction can do to a person, and we are here to make sure it doesn’t happen to you.

Nevada Revised Statutes (NRS) 200.485 and 193.130 set forth the penalties of a third domestic battery charge in a seven year period. NRS 33.018 lists several people that can turn a battery charge into a domestic battery charge if they are the alleged victim. A third offense has financial penalties that can literally be ten times higher than the fine on a second offense.

  • As with all domestic battery charges the accused will owe a thirty-five dollar administration fee.
  • The fine for a third domestic battery charge can go all the way up to $10,000.

This is literally ten times the maximum fine of a second charge.   A third domestic battery charge also carries with it the very real possibility of a lengthy prison sentence. A second charge only carries with it the possibility of six months in jail. Because a third offense is considered a Category C felony NRS 193.130 states that the accused must be sentenced to at least one year in prison and can even receive up to five years.

A conviction on domestic battery charges carries extreme consequences on a third offense. The Law Offices of Garrett T. Ogata knows that any of these penalties can negatively affect the rest of your life. You will need a lawyer experienced in these cases to have the best chances of clearing your name, and we are here to do that for you.

Types Of Domestic Battery

Domestic Battery w/ Strangulation

 

Las Vegas Domestic ViolenceDomestic battery charges can carry serious consequences if a person is convicted. These penalties get worse if the accused receives multiple charges within a seven year period. A first conviction of domestic battery involving strangulation carries penalties just as severe, and sometimes worse, than a third offense of domestic battery.

Nevada Revised Statues (NRS) 200.485, 33.018 and 193.130 cover the definitions and penalties involved in strangulation related domestic battery incidents. A first offense is charged as a Category C felony which is just as bad as a third offense of simple domestic battery. The Law Offices of Garrett T. Ogata has extensive experience in these laws and knows how they can negatively affect a person.

  • As with all domestic battery incidents a thirty-five dollar administration fee will be charged.
  • A maximum fine of $15,000 can also be imposed. This is a full five-thousand dollars more than the maximum fine of a third simple domestic battery conviction.

A single alleged domestic battery incident involving the strangulation of a person can instantly ruin the life of the accused. Penalties are severe and the charge may affect several types of employment opportunities in your future. NRS 33.018 lists several people that can change a battery charge into a domestic battery or domestic battery involving strangulation charge if they are the alleged victim. Some of these people do not even have to be related to you.

We here at the Law Offices of Garrett T. Ogata want you to understand that these are very serious charges. A maximum sentence can take away the best years of a person’s life. It is very dangerous to go against the state without a competent lawyer when you are accused of charges of this nature.

Domestic Battery w/ Deadly Weapon

Domestic Violence Las VegasAny domestic battery accusation can lead to serious charges being made against you by the state. Depending on the circumstances and number of offenses in a seven year period a person can spend a large portion of their life in jail. One single domestic battery incident involving a deadly weapon, even if no actual bodily harm occurs, carries with it penalties sometimes more severe than a third domestic battery conviction.

Nevada Revised Statutes (NRS) 200.485 and 200.481 cover the definitions and penalties associated with a domestic battery incident involving a deadly weapon which results in no substantial bodily harm. This charge is listed as a Category B felony. This is much worse than domestic battery involving strangulation or three domestic battery convictions in seven years each of which is only charged as a Category C felony. Domestic battery with a deadly weapon resulting in no substantial bodily harm carries several severe penalties.

  • As with all domestic battery charges a thirty-five dollar administration fee is applied.
  • If convicted a person faces between two and ten years in a state prison. This maximum penalty is twice as harsh as the penalty for actually causing substantial bodily harm without a deadly weapon.
  • You can face fines amounting to $10,000 if convicted. This is the same penalty as a third domestic battery charge in seven years.

Domestic battery charges stemming from the use of a deadly weapon will ruin a person’s life. The alleged victim need not even sustain serious bodily harm for the penalties to apply in this case. We at the Law Offices of Garrett T. Ogata want you to have an experienced lawyer on your side. We will strive to have the best outcome possible.

Domestic Battery Substantial Bodily Harm

Domestic Violence Las Vegas

Domestic violence

Any type of charge stemming from an alleged domestic battery incident can have serious repercussions on the life of the accused. Usually it takes three domestic battery convictions in a seven year period for a person to be charged with a Category C felony which carries far more harsh penalties than any misdemeanor conviction. Domestic battery which results in substantial bodily harm is a different case altogether. Here at the Law Offices of Garrett T. Ogata we want to make sure that you understand how serious these charges can be.

Nevada Revised Statutes (NRS) 200.485 and 200.481 deal with the definitions and penalties of domestic battery incidents which result in substantial bodily harm. The alleged crime is charged as a Category C felony and is therefore just as severe as obtaining three domestic battery charges within a seven year period. The penalties are severe.

  • As with all domestic battery incidents there is a thirty-five dollar administrative fee applied.
  • If convicted a person can be fined up to $10,000 on their first offense.

Domestic battery involving substantial bodily harm also brings with it the possibility of serious prison time. For a first offense a convicted person can serve between one and five years in the state prison system. This penalty is also as harsh as receiving domestic battery third within seven years.

We at the Law Offices of Garrett T. Ogata are committed to fighting all charges against you. These charges are very serious and carry with them very serious consequences; so you need an experienced lawyer on your side. We will be your rock to stand on during these difficult proceedings.

Restraining Orders

 

Protective / Restraining Orders

A domestic violence charge can carry with it many adverse RESTRAINING ORDER in Las Vegasconsequences, even before a conviction actually occurs. The alleged victim can ask the court to place a temporary restraining order upon the accused to stop them from engaging in any contact with said victim. These protective orders can even prevent the accused from going within a specific distance of certain areas in an attempt to prevent any contact between the two parties.

The Law Offices of Garrett T. Ogata has extensive legal experience in restraining/temporary orders and knows how to protect our clients from falling victim to unwarranted claims. Nevada Revised Statute (NRS) 33.020 handles the issuance and enforcement of protective orders. If there is a reported act of domestic violence, or even the threat of an act of violence, then the courts may impose a temporary thirty-day protective order. This can occur without the accused receiving a hearing.

For the alleged victim to gain a protective order lasting longer than thirty days there must be a hearing held within forty-five days of the initial filing. If an extended protective order is issued, it can last up to an entire year. We know that this can be a great hardship on a person’s daily life. Especially, if the area a person is banned from is somewhere they often travel or a place of importance, but violating these orders can bring harsh consequences.

Up to six months in jail if convicted of violating the order.
A fine not exceeding $1,000 unless the law allows for a more severe punishment.
These protective orders may also demand that a person surrender any firearms in their possession. We at the Law Offices of Garrett T. Ogata know that such orders can place an unfair burden on our clients, but it is imperative that you do not violate the order, even if you and the alleged victim are back on good terms. These protective orders can be fought and modified, so it is important that you contact an experienced lawyer to get the ball rolling on changing these orders.


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