Lawrence White, better known as rapper 40 Glocc, was arrested in Las Vegas recently after his girlfriend claimed he beat and strangled her. The girlfriend claimed that White had been beating her for more than a year but that she never called police because she was worried that he would kill her if she told. The girlfriend claimed that White hit her in the head, face, legs and ribs. She also claimed that he strangled her repeatedly to the point that she could not breathe or speak. White was subsequently arrested on three (3) counts of Battery Domestic Violence by Strangulation and Coercion.
Battery Domestic Violence is ordinarily a misdemeanor, meaning it is punishable by up to six (6) months in jail. But, Domestic Violence can be charged as a felony if it is a third offense within seven (7) years, or if it committed with a Deadly Weapon or by means of Strangulation. Misdemeanor Domestic Violence charges are extremely serious, but felony Domestic Violence charges are even more so. In Las Vegas, prosecutors frequently charge felony Domestic Violence, in hopes of plea bargaining the case to a misdemeanor Domestic Violence charge.
Prosecutors also frequently file felony Coercion charges, in an attempt to obtain a plea to a misdemeanor Domestic Violence charge. Legally speaking, Coercion is forcing someone
to do something that they have a right not to do, or forcing someone
not to do something that they have a right to do. Prosecutors will often claim that an accused person stopped the victim from leaving or took away a telephone, as a means of charging felony Coercion.
Defendants and defense attorneys refer to this practice as improper "overcharging." But, in reality, the practice is not unethical as long as there is probable cause to support the charge. Nevertheless, if you or someone you know is charged with a felony under this or similar circumstances, do not be intimidated into taking a plea deal simply because the prosecutor engaged in overcharging.
It is imperative that you speak with a knowledgeable and experienced Las Vegas Criminal Defense Attorney right away. The Las Vegas Criminal Defense Lawyers can help you analyze the facts of your case, identify applicable defenses, and determine whether a plea deal is appropriate in your case or whether you should fight the charge. There are numerous effective ways to defend these types of cases and many times, a plea deal may not be the best course of action.