According to Nevada law, murder is defined as the willful or unwilling killing of a human. It is also a crime to distribute, sell, or trade a controlled substance that results in a fatality. Malice is the desire to kill someone. Malice can take various forms, such as waiting in wait to hurt someone, killing to escape legal custody and poisoning.
Nevada has three standard sentences for first-degree murder:
- Lifetime ban on parole
- A sentence that includes the possibility of parole in 20 years
- A 50-year prison sentence with a 20-year parole possibility
The death penalty is also an option for first-degree murder in cases with aggravating factors.
Felony Murder
“Felony murder” also includes first-degree murder. This occurs when someone murders someone while performing the following heinous felonies: rape, burglary, arson, kidnapping, robbery, abuse of children or elders, sexual abuse of children, or elder abuse (such as lewdness with a minor).
Even if the offender didn’t intend to kill anyone when performing the initial crime, they are guilty of felony murder.
- Example: James wants to steal the money Jane received from their divorce settlement from her. He thus arrives at Jane’s home one evening and demands that she empty her safe as he holds her at gunpoint. James accidentally pulls the trigger as his hand is trembling from nerves, murdering Jane. James would be charged with first-degree murder even if Jane’s death happened while James committed robbery, even though James had no intention of killing Jane.
Even if they did not directly cause the killing, assisting and aiding accomplices who assist others in committing murder are nonetheless charged with the crime. Examples of aiding and abetting include:
- “Keeping a lookout” while another person commits the crime.
- Feigning an alibi for the murderer.
- Providing information to a person who will use it to conduct the crime.
Simply put, those who helped commit murder are treated the same way as the “primary” who killed the victim.
Be aware that conspiring to murder is not the same as aiding and abetting a murder.
When two or more persons decide to break the law, it is called a conspiracy. Therefore, even if two people plan to murder someone but are arrested before they can, they will still be charged with conspiracy.
Can Manslaughter Be Substituted for Murder in Nevada?
Possibly. Prosecutors may be ready to drop a murder allegation in favor of manslaughter to avoid lengthy and expensive court proceedings.
Manslaughter is a form of homicide, much like murder. Manslaughter, on the other hand, is the killing of a person without intent or malice. In Nevada, there are two types of manslaughter:
- Voluntary manslaughter: When someone kills voluntarily, they act out of passion. The classic instance is when a partner unexpectedly discovers their partner in bed with another person and kills the other person out of wrath. Ten years in prison is the maximum sentence.
- Involuntary manslaughter: An unintentional death committed while breaching the law (such as when hunting without a license) or by being careless is known as “involuntary manslaughter” (such as leaving out a loaded gun). Four years in prison is the maximum sentence.
Manslaughter bears less of a societal stigma than murder and less severe punishments. People who have been found guilty of manslaughter may find it simpler to move on with their lives and careers than those who have been found guilty of murder.
Does Nevada Have a Death Penalty for Murder?
If the court determines that there is at least one aggravating circumstance—for example, that the defendant tortured the victim before killing them—and the aggravating circumstances outweigh all the mitigating circumstances, a first-degree murder conviction in Nevada may result in the death penalty (such as that the defendant was abused as a child).
Only first-degree murder is considered “capital murder.” And the court can only inflict the death penalty if it decides that the offender deserves it more than mercy.
It should be noted that defendants who were minors or had intellectual disabilities at the time of the murder could not receive the death penalty.
Additionally, under NRS 176.0931, a murder with a sexual motivation carries a lifetime supervision sentence. But after ten years, it might be possible to be released from lifetime supervision.
Defendants have several legal options if they want to appeal a death sentence. These include writs of habeas corpus and appeals, the processing of which could take years.
Lethal injection is used to execute death row inmates at Ely State Prison in Nevada.
What Constitutes an Aggravating Situation?
An aggravating factor is a horrific or startling act committed by the offender that justifies a more severe punishment.
What Are Some Nevada Examples of an Aggravating Circumstance?
In Nevada, the following are examples of aggravating circumstances that could result in the death penalty:
- The murderer was already serving a prison sentence.
- The killing happened before the person’s sentence hearing
- Because of a weapon, the offender purposefully put more than one person at risk of death.
- The offender committed a felony, such as rape, burglary, or kidnapping
- One who was attempting to elude capture perpetrated the murder.
- Those under the age of 14 were responsible for the murder.
- The murder was perpetrated due to the victim’s race, ethnicity, color, sexual orientation, gender, or disability.
- The murder involves either hunger or torture.
- Murder-for-hire
- First responders or police officers were the victims.
- The killer killed one or more victims at random.
First-Degree Murder Prevention
In Nevada, the severity of the punishment for first-degree murder can be altered depending on whether there are aggravating or mitigating factors present when the homicide is committed. Examples of mitigating circumstances for first-degree murder convictions in Nevada are shown in the lists below.
Mitigating Circumstances
- There is no major history of prior criminal action for the perpetrator.
- The murder was carried out while the perpetrator suffered from a severe mental or emotional disorder.
- The victim gave their consent or took part in the offender’s illicit activity.
- The murderer was an accomplice in another person’s crime, and the offender’s contribution to the crime was only marginal.
- The perpetrator was forced to commit the crime or under another person’s control.
- The perpetrator’s youth at the time of the murder.
How Do I Refute the Allegations?
The specifics of the case and the evidence at hand will determine the best strategy for defending against a murder charge. A Nevada murder defense lawyer might try to prove that:
- The defendant defended himself (or the defense of others).
- The occurrence was unintentional.
- The accused was mad.
- The police forced a confession.
- The police carried out an unauthorized search.
- The killer was incorrectly recognized as the defendant.
Defending Oneself or Others
In Nevada, it is legal to murder another person to protect themselves or others. However, to be considered legitimate self-defense, the following two requirements must be satisfied:
- The defendant reasonably believes the aggressor is going to cause death or great bodily harm and uses no more force than necessary to avert the threat
- For a person’s use of lethal force in self-defense or the defense of others to qualify as a defense to charges of murder, it must be reasonable:
For instance, a fight between Bart and Brad in a packed bar breaks out.
“If you don’t pay me back my money, I will murder you,” Bart screamed at the man. Brad pulls a revolver out of his fear for his life and shoots Bart. Brad might have been terrified for his life, but Bart’s “fighting words” were insufficient to make a reasonable person fear for their lives as he made no move to brandish a weapon or even lift a finger. Besides, it’s unlikely that Bart would have tried anything in front of so many people.
Remember that a defendant’s lack of a motive is not an acceptable excuse for murder.
Do I Need Assistance With My Nevada First-Degree Murder Charge?
You must speak with a Nevada criminal lawyer if you are accused of aggravated first-degree murder. Your legal representative will try to spare you from the death penalty.
