Part of a defense attorney's job is to present mitigating factors regarding the individual or incident in question to a prosecuting attorney. Mitigating factors could be things like no previous criminal history, ties to the community like community service work, or facts leading up to a situation. With regard to Battery Domestic Violence cases, Nevada lawmakers have added the following language to the statute, "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." This means that prosecuting attorneys are not supposed to negotiate cases of Battery Domestic Violence to lesser crimes based on mitigation, like they can with other misdemeanors. A legal or factual issue with the prosecutor's case must be established in order for a prosecutor to reduce the charge.
If you have been charged with Battery Domestic Violence or related crime, or if a TPO has been issued against you, please visit georgeforjustice.com.
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