Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Murder is the illegal and malicious killing of another person. It is classified as either first-degree or second-degree.
First-degree murder encompasses:
aiding and abetting a premeditated killing (accomplice liability); and
felony murder (killing while done in the commission of a serious felony, such as rape, burglary, arson, kidnapping, robbery, child abuse, elder abuse, or sexual abuse of a child)
Second-degree murder encompasses unintentional killings where the defendant acted so recklessly that a fatality was foreseeable. An example is playing Russian roulette. Another type of second-degree killing is unintentionally causing a person to die by giving the person drugs.
Murder penalties in Nevada
The punishment for murder under NRS 200.030 depends on whether the defendant was convicted of first- or second-degree murder:
Life in prison with the possibility of parole after 20 years, or
50 years in prison with the possibility of parole after 20 years
Life in prison with the possibility of parole after 10 years, or
25 years in prison with the possibility of parole after 10 years
The judge can increase sentences by one to twenty (1 – 20) years if either:
the defendant used a deadly weapon to commit the death, or
the victim was at least 60 years old
A murder conviction can be sealed from the defendant’s record ten (10) years after the case closes as long as the victim was an adult. If the victim was a child, then murder charges can never be sealed.
Fighting murder charges in Nevada
There are several possible ways to defend against charges of murder, but they depend on the unique facts of the case. Common defenses that Las Vegas murder defense lawyers use include the following:
The defendant had no intention of causing death (for first-degree murder charges);
The defendant was insane;
The defendant was acting in lawful self-defense or defense of others;
Police coerced the defendant’s confession to murder (if the defendant confessed);
The police search in the case violated the Fourth Amendment; and
The police wrongly identified the defendant as the killer
Statute of Limitations for other homicide offenses in Nevada
The statute of limitations for the prosecution to bring an attempted murder charge is usually three (3) years. But the time limit is extended to five (5) years if the police report was filed within the first three (3) years.
There is a three (3) year statute of limitations for the prosecution to bring the following homicide charges:
There is a one (1) year statute of limitations for the prosecution to bring charges of vehicular manslaughter, which is only a misdemeanor.
About the Author
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.