Nevada Assemblyman facing domestic violence charges

April 17, 2013

Nevada Assemblyman facing domestic violence charges

Article provided by Sprenz & Associates, P.C.
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Domestic violence charges are serious and can produce devastating, long-term consequences for both the alleged victim and defendant. However, the circumstances surrounding a domestic violence charge are often vague, as the following case illustrates.

Messy incident results in domestic battery and obstruction charges

A local Nevada Assemblyman was recently arrested for domestic violence related charges after police accused the man of attacking a member of his family.

The 40-year-old Assemblyman has had previous encounters with the law. He was arrested in January with a loaded gun amidst rumors that he made threats against another local politician. It's important to note that these past issues do not make the man guilty of the domestic battery charge. The Assemblyman is innocent until proven guilty and should not be tried in the public based on published reports of the police department's version of the events.

According to reports, the police visited his grandmother's home just a week later after reports of a "disturbance." No charges were filed, but the man was ordered to undergo a psychological evaluation.

The circumstances around the latest incident are unclear, and current information indicates only that police arrived at the man's house just after midnight and apparently found him in an agitated state. Police claim he was "uncooperative" and say he resisted being taken into custody. They also accuse the man of attempting to take an officer's weapon.

The unfortunate incident led to charges of domestic battery and obstructing police. The unlucky series of events has now resulted in an investigation by local Assembly-leaders over whether the accused assemblyman is fit for duty. The charges and resulting investigation could severely harm the man's reputation and career.

A wide variety of acts are classified as domestic violence

Domestic violence charges are a serious criminal offense. A restraining order is often served on an individual after he or she is arrested for domestic violence, preventing him or her from having any contact with the alleged victim.

According to Workplaces Respond to Domestic and Sexual Violence, a National Resource Center, domestic violence is a pattern of coercive behavior used by an individual to gain power or control over another.

This other individual is usually a spouse, former spouse, family member or someone who the accused individual shares an intimate relationship with.

Acts that can be construed as domestic violence include:
-Harassment
-Physical, emotional or psychological bullying
-Stalking
-Verbal abuse

Behavior that results in physical injury is considered domestic violence as well.

It is clear numerous situations exist that can result in domestic violence charges. Furthermore, alleged victims of domestic violence frequently change their minds after charges are filed and emotions are no longer running high. However, the decision to pursue charges and advocate for the victims legal rights is out of their hands once charges are filed and the prosecutor alone determines whether to proceed with the case.

An individual accused of a domestic violence crime should consult with a criminal defense attorney with experience in this area of law. A qualified domestic violence attorney will thoroughly review all police reports, contact witnesses and look over other evidence relating to the charges in order to build a strong defense strategy. The attorney can also explain all available options to work towards best possible outcome for the client.