In September of 2019, Christopher Andersen was granted an appeal by the Nevada Supreme Court and instigated the biggest change in Nevada domestic violence laws in the last century. Mr. Andersen was originally arrested on misdemeanor domestic violence and simple battery charges. Once in front of a judge, he requested a trial by jury on the grounds that misdemeanor domestic violence was a serious offense and not a petty one. He was denied this request and then he “appealed” the decision to the District Court contending that he was erroneously denied a jury trial. He was again denied and so he filed an “appeal” to the Nevada Supreme Court.

In this case, he argued that a misdemeanor domestic violence conviction stripped a person of their right to bear arms, a right that is protected by the 2 ^nd Amendment of the Constitution. It was thus determined that a domestic violence charge is a serious offense and not a petty one. Under the law, all serious offenses must be tried by a jury and the decision of a domestic violence conviction is no longer up to a single judge. This has shaken up the entire criminal justice system in Nevada!

This ruling has had beneficial results for defendants charged with misdemeanor domestic battery. Instead of a single person, a judge elected to their position, the decision of guilt or innocence has now moved to a group of 6 peers. What that means for defendants is that all jurors must unanimously agree on a decision of “guilty” for a conviction to stand. So, a good criminal defense attorney need only convince one juror of a defendant’s innocence for there to be no conviction. No longer does the prosecutor only need to convince one person, an elected judge.

Another benefit as a result of the Andersen ruling is time. Under the pre-existing rules, a judge could hear multiple domestic violence trials a day. Now, an entire day can be spent selecting a jury in one case. Then the trial still has to take place. This means cases are getting pushed out and as time goes by, the case may become less important to the prosecutor or witnesses’ memories fade. The Andersen ruling is a huge win for criminal justice reform!

These changes in Nevada domestic violence laws are still very new. Understanding their intricacies takes the experience of a good domestic violence lawyer that has handled countless jury trials. If you, or someone you know, have been charged with domestic violence , contacting a true trial lawyer is the way to get the best possible outcome. Jesse Kalter has already won domestic violence cases under these laws and has tremendous jury trial experience. His tenacious pursuit of justice ensures the innocent are not wrongly imprisoned. Jesse Kalter is available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

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