Legal Question in Criminal Law in Nevada

multiple indictments against mother of dead daughter

I'm wondering...

A mother has been charged with the murder of her daughter. After she bailed out of jail, the D.A. brought another indictment (for battery) against the same mother for incidents which they allege happened over a year prior to the death of the daughter.

It seems to me that the D.A. cannot bring these lesser charges against this mother, whose child is dead, with her already being charged for the murder -- the highest crime. How can they add this lesser (and I believe, ''trumped up'') battery charge, based solely on accusations of some event over a year prior to the death of the daughter? Even when this so-called ''incident'' happened, nobody cared enough to report it, and the police did not charge anybody. Now the daughter is dead, and the mother, who is charged with the murder, is also charged with a battery from over a year ago? It doesn't make sense. They are accusing the mother of hurting her daughter. Hey -- the daughter's dead. And she's already charged with murder.

I know it's not exactly double jeopardy, but there's something that just does not ring true to me about all this.

I would appreciate any feedback.


Asked on 12/30/04, 12:17 am

1 Answer from Attorneys
James Smith James E. Smith Ltd.

Re: multiple indictments against mother of dead daughter

Normally battery is a less included offense of murder if the battery arises out of the same incident or results in the murder. However, if the battery is a separate incident then the prosecutor has the right to bring that charge assuming the statute of lumitations has not run. Just because there were no formal charges at the time of the incident does not preclude the D.A. from nevertheless bringing up the charge.

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Answered on 12/30/04, 9:52 am


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