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.
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