What is an involuntary manslaughter sentence in Nevada?

Posted on October 25, 2023

Handgun in holster — Violating NRS 200.070 is a category D felony.

Involuntary manslaughter is a category D felony in Nevada, carrying one to four years in prison and up to $5,000 in fines.¹ Though the sentence can be as much as doubled if you used a deadly weapon to commit the unlawful killing.²

What is involuntary manslaughter?

Nevada’s legal definition of involuntary manslaughter is the unintentional killing of a human being while in the commission of either:

an unlawful act, or
a lawful act which is a negligent act³

A common example I see of involuntary manslaughter is carelessly handling your gun while taking it out of your holster, causing it to fire and kill a bystander. You may have had no intention to kill anyone, but your simple negligence still makes you criminally liable for the resulting death.

Note that involuntary manslaughter is a less serious charge than the category B felony voluntary manslaughter, which is killing someone in the sudden heat of passion.⁴ Meanwhile, involuntary manslaughter is a more serious charge than the misdemeanor vehicular manslaughter, which is when a motorist causes someone’s death through simple negligence.⁵

What are the best defenses?

Here at Las Vegas Defense Group, I have represented literally thousands of people charged with violent crimes and homicides. In my experience, three effective ways to fight involuntary manslaughter charges in Nevada include:

You acted in lawful self-defense. Nevada law permits you to fight back with reasonable and proportional force if you or others are being physically threatened with bodily harm.
The incident was an accident. If the death occurred because of an accident that did not result from your own negligence, then you are not criminally culpable.
You are the victim of false allegations. If you are being falsely accused, your attorney can cross-examine the accuser in attempt to impeach their credibility and show their motivation to lie.

Typical evidence in all homicide cases is eyewitness testimony, forensic expert witnesses, and video surveillance.

Can I get a murder charge reduced to involuntary manslaughter?

Possibly. If you are facing a criminal charge of first-degree murder or second-degree murder, I may be able to persuade the D.A. to reduce the charge down to involuntary manslaughter. These types of plea bargains are common when the D.A. has insufficient evidence to prove that you killed with

premeditation or
extreme recklessness.

Getting a murder charge reduced to manslaughter is a legal victory because it reduces the Nevada State Prison sentence from a potential life sentence to possibly only one year behind bars.⁶

Can my criminal record be sealed?

Yes. In the state of Nevada, an involuntary manslaughter conviction is sealable from your criminal record 10 years after the case closes.

Note that if your case gets dismissed, I can petition for a record seal for you right away.⁷

chalk outline of body following an NRS 200.070 violation

A murder charge can potentially be reduced to an involuntary manslaughter charge.

Related Offenses

Read our informational articles on crimes related to manslaughter law in Clark County and throughout Nevada:

vehicular homicide (fatal DUI with three prior DUI convictions)
felony murder
sexual assault
child abuse
domestic violence

Legal References

Nevada Revised Statute 200.070.
NRS 193.165.
NRS 200.070.
NRS 200.050.
NRS 484B.657.
See Parsons v. State (1958) 329 P.2d 1070; Guidry v. State (2022) 510 P.3d 782. Note that only first-degree murder carries the death penalty as a potential punishment. In order for the court to impose death, the court must find that there was at least one aggravating circumstance that outweighs all the mitigating circumstances. NRS 200.010 – 200.035.
NRS 179.245. NRS 179.255.

About the Author

Neil Shouse

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.

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