Battery Domestic Violence is different from many other crimes because a prosecutor cannot dismiss or negotiate down to a lesser charge unless he believes the charge cannot be proven at trial. Nevada law states, "If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial." Nev. Rev. Stat. Ann. § 200.485. This makes a Battery Domestice Violence case more difficult to resolve. A defense attorney cannot argue to a prosecutor purely mitigating evidence, i.e. productive member of society, no previous criminal history, involved in community or charitable activities, etc. This evidence may still be needed as it could contribute to a defendant's credibility, but pursuant to Nevada law, unless the prosecutor believes he cannot prove the case, the defendant must enter a guilty plea to the charge of Battery Domestic Violence or go to trial on the charge. This is the reason that many Battery Domestic Violence cases must either go to trial or resolve just before trial, so a defense attorney usually has to work harder on domestic violence cases than many other cases.
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.
Monday, October 18, 2010
Monday, October 4, 2010
When is the Relationship Over?
As stated previously in this blog, there are two things which must be proven in a Battery Domestic Violence case: a domestic relationship and a battery. Most issues in these cases come from the element of battery. Did a battery actually occur as alleged? Are there legal or factual defenses to this battery?
Rarely cases deal with the other side, the domestic relationship. Normally, this relationship is obvious because the alleged victim and defendant are currently dating or married. Along with being a blood relative, spouse or former spouse, or having a child in common, the domestic relationship is defined as, "any other person with whom the person is or was actually residing, any other person with whom the person has had or is having a dating relationship" Nev. Rev. Stat. Ann. § 33.018(1). The statute goes on to define dating relationship as, "frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context." Nev. Rev. Stat. Ann. § 33.018(2). What if the alleged victim and defendant dated for 6 months in 1997, but they still associate with the same people, and they get into a minor physical altercation while drinking at a party? What if someone was a roommate two and a half years ago for a month? Should the additional "domestic relationship" penalties apply in these cases, or should they be prosecuted as simple batteries? These can be very difficult questions to answer, and they need to be addressed in a strategic manner to get the most fair result.
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.
Rarely cases deal with the other side, the domestic relationship. Normally, this relationship is obvious because the alleged victim and defendant are currently dating or married. Along with being a blood relative, spouse or former spouse, or having a child in common, the domestic relationship is defined as, "any other person with whom the person is or was actually residing, any other person with whom the person has had or is having a dating relationship" Nev. Rev. Stat. Ann. § 33.018(1). The statute goes on to define dating relationship as, "frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context." Nev. Rev. Stat. Ann. § 33.018(2). What if the alleged victim and defendant dated for 6 months in 1997, but they still associate with the same people, and they get into a minor physical altercation while drinking at a party? What if someone was a roommate two and a half years ago for a month? Should the additional "domestic relationship" penalties apply in these cases, or should they be prosecuted as simple batteries? These can be very difficult questions to answer, and they need to be addressed in a strategic manner to get the most fair result.
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.
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