Murder is defined as the unlawful killing of another human being, or homicide, which is committed with intent. Many individuals think of murder as simply the killing of another individual.
According to criminal laws, however, murder involves:
- Direct action or actions which cause the death of another individual. Certain states include fetuses in the definition of a person. Killing a pregnant woman, therefore, may count as two murders;
- Malicious intent. The defendant must, at the time of the killing, intend to severely injure and/or end another individual’s life; and
- The killing was unlawful.
In the State of Nevada, murder is defined as the unlawful killing of another human being which is committed with intent, is caused by a controlled substance, or when the defendant is fleeing lawful escape. In Nevada, a defendant will typically face the following punishments if they are convicted of murder:
- Death;
- Life without the possibility of parole; or
- Life with the possibility of parole.
What is Malice?
In order for a defendant to be convicted of common law murder, they must have acted with malice aforethought. Malice aforethought is often known simply as malice.
It is important to note that malice does not mean that a defendant acted out of spite or hate toward an intended victim. Instead, malice aforethought exists when:
- The defendant intended to kill;
- The defendant intended to inflict serious bodily injury that caused the victim’s death; and
- The defendant behaved in a way that shows extreme, reckless disregard to human life that results in the death of the victim.
A defendant may be convicted of murder even if they did not intent to kill another individual, but rather, they acted in such a way or were involved in an action which had a high risk of death to human life. If those actions result in the death of another individual, a defendant may be liable for murder.
What is Attempted Murder in Nevada?
In the State of Nevada, attempted murder occurs when a defendant intends to take the life of another individual:
- With deliberation;
- With planning;
- With recklessness; or
- If the defendant takes a substantial step toward the killing of another individual.
Attempted may also be referred to as attempted homicide. The offense of attempted murder does not result in the death of another individual.
Similar to the offense of murder, however, attempted murder is a serious criminal offense which may carry serious criminal penalties, including a substantial prison sentence.
In order for a defendant to be convicted of attempted murder, the prosecution is required to the elements of attempted murder beyond a reasonable doubt. It is important to note that the elements of the offense of attempted murder may vary by state.
What Elements Are Required to Prove Attempted Murder?
It is important to note that the specific elements which are required to prove attempted murder vary by state. Generally, the prosecution is required to prove two elements beyond a reasonable doubt, including intent and an action, or direct step.
In order to show that a defendant acted with the criminal intent to kill another individual, the prosecution must show that the defendant decided to kill another individual or acted with such reckless indifference for human life and killing another individual was a possibility.
It is important to be aware that an individual will not be convicted of attempted murder if their intent was simply to frighten or hurt another individual. For example, if a defendant brandishes a gun to scare a victim, they will not be charged with attempted murder.
In addition to intent, the prosecution must show that the defendant took a direct or substantial step towards committing murder. What will qualify as a direct or substantial step towards murder will vary by case.
For example, casually discussing murdering another individual or simply purchasing a weapon is typically not considered a direct step towards committing murder. In contrast, however, using the weapon against another individual or soliciting an individual to kill someone will often be considered a direct step towards murder.
Is Assault with a Deadly Weapon the Same Charge as Attempted Murder?
No, assault with a deadly weapon is not the same charge as attempted murder. Assault with a deadly weapon is merely an attempt to use a deadly weapon against an individual, with the general intent to either harm the individual or to place the individual in fear of being harmed.
To attempt to murder an individual, on the other hand, means that the defendant took a deliberate step towards ending another individual’s life with the intent to kill them. Therefore, the defendant committed murder not simply attempted to place the victim in fear or only to injure them.
Can My Attempted Murder Charge Be Downgraded to Assault with a Deadly Weapon in Nevada?
It is not always easy for a prosecutor to prove that a defendant intended to murder an individual, the victim. Therefore, it may be possible for an individual to have their attempted murder charge reduced to an assault with a deadly weapon charge, which is a lesser charge.
Whether or not this may occur depends upon the facts of the case as well as whether the prosecution would be able to overcome the defendant’s argument that they did not intend to kill the victim.
Are There Any Defenses to Attempted Murder?
There may be several available legal defenses to attempted murder, depending on an individual’s case, including:
- Lack of intent, which is the most common defense to attempted murder. This means that the prosecution is not able to prove the defendant’s intent to kill beyond a reasonable doubt;
- Lack of a substantial step, which is another common legal defense to attempted murder. This means that the prosecution is not able demonstrate that a substantial step was made towards committing the murder;
- Self-defense can apply in cases of attempted murder if an individual is defending themselves against fear of imminent bodily harm or death;
- Impossibility, which is a legal defense which shows that even if the criminal defendant went through with their murderous plan, it would be impossible for the murder to have occurred; and
- Renunciation, which occurs when a defendant commits a step towards committing murder, but later withdraws or abandons the act of committing the murder.
What is the Penalty for Attempted Murder in Nevada?
The penalty for attempted murder in the State of Nevada is between 2 and 20 years in prison and/or a criminal fine of $5,000. If the defendant used a victim during the commission of the crime or if the victim was elderly, the penalty may be increased.
What is the Penalty for Assault with a Deadly Weapon?
In Nevada, the offense of assault with a deadly weapon is a Category B felony. The punishment for this offense if a defendant is convicted is between 1 to 6 years in prison and/or a $5,000 criminal fine.
Should I Hire an Attorney to Represent Me in My Attempted Murder Case?
It is essential to have the assistance of a Nevada criminal attorney if you have been charged with attempted murder. Your attorney can advise you regarding the laws which apply to your case as well as the differences between aggravated assault and attempted murder.
It is important to contact a criminal defense attorney as soon as possible if you have been charged with attempted murder. Your attorney can review your case, attempt to have your charges reduced, and represent you when you appear in court.
