Nevada First-Degree Murder

First-degree murder is the most serious criminal charge a person can face in Nevada, carrying severe penalties that can include life in prison or even death. Because the stakes are so high, it is critical to understand how the state defines this crime, what the potential penalties are, and what legal defenses may be available.

This article provides a general overview of Nevada‘s first-degree murder laws. If you or someone you know is facing criminal charges, it’s important to get advice from a local criminal defense attorney. They can explain how state law applies to the unique circumstances of your case and help to protect your rights.

How Nevada Defines First-Degree Murder

Homicide is the unlawful killing of one human being by another. Nevada law separates homicide into different categories, including first-degree murder, second-degree murder, and manslaughter, based on the circumstances and the defendant’s mental state.

Under the Nevada Revised Statutes, a killing is considered murder in the first degree if it is:

• Willful, deliberate, and premeditated: This is the most common understanding of first-degree murder. Premeditation means the killer thought about the act beforehand. Evidence of premeditation can include poisoning, lying in wait, or torture.
• Committed during a violent felony: A death that occurs during the commission of certain other dangerous crimes is automatically classified as first-degree murder, even if the death was not intended. This felony murder rule can also apply to an accomplice who did not directly cause the death. Felonies that trigger this rule include sexual abuse of a child, arson, robbery, burglary, kidnapping, sexual assault, and child abuse/vulnerable person abuse.
• Committed on school property: This includes causing a death at a school-sponsored event. It applies by knowingly creating a high risk of death or serious harm.
• Committed as an act of terrorism: If someone dies during an act of terrorism, it’s first-degree murder. If a bomb was intended to destroy an empty building but takes lives as well, it would qualify.
• Committed to avoid or prevent a lawful arrest: This can encompass a number of possibilities. Killing someone in an accident while fleeing a DUI would be charged as first-degree murder. So would causing a fatal injury to an officer trying to lawfully arrest you.

All other types of murder are second-degree murder. Killings that lack malice aforethought (the intent to kill or cause grievous bodily harm) may be charged as voluntary or involuntary manslaughter, depending on the circumstances of the case. Fatal car accidents may be charged as vehicular manslaughter, depending on the details.

Penalties for First-Degree Murder

The state of Nevada still has the death penalty for first-degree murder. It requires one or more aggravating factors that outweigh any mitigating factors.

Aggravating circumstances in favor of the death penalty include, but are not limited to:

• Felony murder
• Murder for hire
• Hate crimes (crimes based on race, color, religion, national origin, gender, or sexual orientation)
• Mass homicide events
• Any other aggravating circumstance enumerated in Nevada Statutes (NRS § 200.033)

If there are mitigating circumstances or the homicide does not fall into the requirements for the death penalty, the penalties may be:

• Life sentence without the possibility of parole
• Life sentence with the possibility of parole after 20 years
• A definite term of 50 years with parole after 20 years

Mitigating circumstances may include the defendant’s age, minor involvement in the crime, or a lack of significant prior criminal history. Each case is different.

Defenses Against First-Degree Murder

First-degree murder is a Category A felony. One defense strategy is to plead the murder charge down to a lesser included offense, such as voluntary manslaughter. In Nevada, voluntary manslaughter is a homicide that lacks the malice aforethought element of murder. Manslaughter is a Category B felony with a maximum sentence of ten years’ imprisonment.

Other defenses include:

• Self-defense: Nevada’s self-defense law allows the use of force with no duty to retreat in one’s home or any location one has a legal right to be. Nevada’s stand-your-ground law requires the defendant to prove they had a reasonable fear of attack at the time of the assault.
• Accidental homicide: Homicide by misadventure occurs when an individual performs a lawful act with no intention of causing harm, but the action causes death. An example might be driving down the road and losing a hubcap, which strikes a pedestrian in the head and kills them.

Self-defense or accidental homicides may not be prosecuted as murder under Nevada law. A self-defense claim is not a guaranteed win.

Get Legal Advice From a Nevada Criminal Defense Attorney

Homicide charges are the most serious charges you can face. Anyone charged with any degree of murder needs immediate help from a Nevada criminal defense attorney who can defend them during the case and reduce or avoid a murder conviction.