Why An Appeal to Commute a Sentence was Denied

 

Getting convicted for a serious charge in Las Vegas means that you can expect some pretty long times in prison. Fortunately, there are plenty of post-conviction options that a defendant can choose from to help them lighten their sentences. For one thing, those who have been incarcerated for long enough can request for their sentences to be commuted.

Like many other instances, however, an appeal to commute a sentence can be denied by the Pardons Board under certain circumstances. Let’s look at some reasons why an appeal to commute a sentence was denied.

Request Lacked Merit

The standard reason for denying an appeal to commute a sentence is because of a lack of merit. That is, the prisoner’s reasons for the commutation lack any weight and are thus no grounds for the appeal to stand on. For example, a prisoner may claim good conduct for the period that they were incarcerated, but they lack documents to prove such conduct. Conversely, other parties may disprove this claim and submit their counter-arguments during the deliberation period (for example, prison guards may declare that the appealing prisoner was actually more violent or manipulative while incarcerated).

Up for Parole

Prisoners who are up for parole less than a year before the next Pardons Board meeting are blocked from making appeals. Any attempt to do so will be automatically denied, citing this reason. However, the prisoner viable for parole may still get a chance to request a commutation if they are involved in extraordinary circumstances related to the case.

Modified Sentences

A petition for a modification of a sentence is a petition that changes the contents of a sentencing document. Modifying sentences may lead to reduction or addition of provisions to the original sentence, depending on circumstances. In connection to commuted sentences, a request for commutation may be denied if a petition to modify the original sentence is in effect. The petition can be filed either by the judge overseeing the case, or the district attorney.

Public Opposition

Nevada’s populace has a say with regards to sentence commutations, even for relatively unknown prisoners. They are free to submit their support or opposition to a proposed commutation by mailing their opinion to the Nevada Pardons Board. Strong public backlash for certain cases may affect the chances of a prisoner’s commutation appeal in the long run. Note that this is admittedly a minor reason compared to the others; the governor and the Board can choose to ignore public input and go ahead with the reduced sentence.

There are many other reasons why an appeal to shorten a prisoner’s sentence can be denied. That doesn’t mean it’s the end for them, however. Ask a defense attorney about other post-conviction options that are readily available.

Four Instances that can turn a First-Time Domestic Battery Charge into a Felony

 

As far as convictions go, a first-time domestic battery charge isn’t too bad. On top of just a short jail stay, the fines are relatively cheap, and the other obligations aren’t too heavy. All in all, a defendant can go through their sentence without much trouble.

Remember that things can easily come to a head in such cases, however. A little bit of evidence or a surprise testimony can easily transform the charge into a more serious one, making it more difficult for the defendant to get a dismissal or not-guilty verdict. Let’s look at 4 cases that can turn a first domestic battery charge into a felony.

Strangulation

Domestic battery cases often involve the use of bare hands and/or feet to inflict physical pain on a victim. The damage is fairly visible at first glance and can lead to a conviction if a sure link to the defendant can be determined. However, if neck damage due to strangulation is confirmed, the battery case is automatically escalated to a felony charge. Strangulation may involve bare hands or any device that can be wrapped around the neck, like rope.

Use of a Deadly Weapon

A battery remains a battery if the offender only used a part of their body to inflict injuries on the victim. However, if they use an item that puts the victim at risk of death, the first offense automatically escalates to a felony. Examples of deadly weapons include knives, heavy blunt objects, or guns.

Substantial Bodily Harm

Battery cases are still considered misdemeanors if the victim sustained relatively light injuries. That is, the injuries did not interfere with their everyday functions. However, if the victim actually suffered enough that their body was temporarily or permanently prevented from functioning normally, that constitutes a count of substantial bodily harm. Such situations automatically merit a felony charge for the defendant.

Previous Domestic Violence Convictions

Some felony charges come into effect automatically when the defendant is a repeat offender. In the case of a domestic battery charge, the defendant must have had at least two prior convictions for related charges in the past. This only comes into effect if the previous verdicts were handed down within the past seven years.

Felony domestic battery charges can be difficult to defend against, but they can be overcome. Get in touch with a veteran domestic violence lawyer in Las Vegas to represent you.