Sometimes. Know that Nevada law specifically prohibits prosecutors from reducing or dismissing a charge of battery domestic violence (BDV) unless either:
- The prosecutor knows that the BDV charge is not supported by probable cause or cannot be proved at trial; or
- It is obvious that the BDV charge is not supported by probable cause or cannot be proved at trial.
Therefore, a defense attorney's first step is to try to show that the D.A.'s case is too weak to sustain a BDV conviction. Otherwise, the defendant may choose to go to trial or plead guilty to BDV, which carries a sentence of:
- $200 to $1,000 in fines; and
- 48 to 120 hours of community service; and
- Weekly counseling sessions for 6 months.
If the defendant does not complete these sentence requirements, the judge may impose a sentence of up to 6 months in jail. (Refer to our article, "Can Nevada BDV charges get pleaded down?"