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Can a Domestic Violence Charge Be Dismissed in Nevada?

Posted by Neil Shouse | Nov 12, 2013 | 0 Comments

Sometimes. Know that Nevada law specifically prohibits prosecutors from reducing or dismissing a charge of battery domestic violence (BDV) unless either:

  1. The prosecutor knows that the BDV charge is not supported by probable cause or cannot be proved at trial; or
  2. It is obvious that the BDV charge is not supported by probable cause or cannot be proved at trial.

 
In other words, the D.A. is not allowed to offer plea deals lessening or dropping a charge of the Nevada crime of battery domestic violence unless the D.A. is aware … or it is clear … that the evidence does not support the BDV allegation.

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?"

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

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