Fighting Murder Charges In Nevada
2021 saw nearly a ten percent increase in murders across the state of Nevada, topping 200 cases. If you are facing murder charges, you already know that it is serious business; that means you need a serious criminal defense attorney who is willing to put up a hellacious fight on your behalf.
The difference between first-and second-degree murder is the element of premeditation. Killing someone with premeditation is the most grim crime on the books in Nevada, and the consequences reflect as much. Under the umbrella of first-degree murder is felony murder. Charges of felony murder reflect that the killing occurred while the defendant was in the process of committing a serious crime, such as a rape, kidnapping, or burglary, for example. When a murder occurs during the commission of a serious felony, even if the killing was unintentional or unplanned, felony murder charges are allowed under Nevada law.
When a death results from reckless behavior, even if that death was not intended, the defendant may face second-degree murder charges. A prosecutor will have to demonstrate that the behavior that occurred had a predictable outcome that was unforeseen by a reckless defendant. A number of accidents could lead to such charges. The quintessential example involves firing a supposedly unloaded gun that, in reality, was loaded and kills someone. But other kinds of accidents may lead to such charges, as well. Imagine a rock climber failing to secure a student’s rappelling equipment, a parent forgetting their toddler is in the back seat of a hot car, a teenager setting off fireworks in a crowded area, or a college co-ed participating in an initiation ritual. When these actions result in a fatality, it could also lead to charges of 2nd degree murder.
When a death occurs as a result of a DUI, the driver could be charged with vehicular homicide, particularly if there are three or more DUIs in the driver’s history.
Penalties for Convictions
First-degree murder could result in the death penalty in the state of Nevada. Lesser, though still significant penalties for murder charges include:
- First-degree murder:
- A life in prison without the possibility of parole OR;
- A life sentence with parole possible after 20 years served OR;
- A 50-year sentence with parole eligibility after 20 years.
- Second-degree murder
- A life sentence with the possibility of parole after 10 years OR;
- A 25-year sentence with parole eligibility after 10 years served.
- Vehicular homicide:
- A minimum 10-year sentence in prison, up to 25 years.
Your Right to a Strong Defense
At Lobo Law, we take the Constitutional right to a defense to heart. Our Las Vegas criminal defense attorneys are committed to achieving the best possible outcomes for our clients. For a confidential consultation, schedule some time in our office today.