Homicide is the killing of a human being. Under the law of homicide in the state of Nevada, homicide can be justifiable or not justifiable. Homicide that is not justifiable may result in first-degree murder, second-degree murder, or voluntary or involuntary manslaughter charges in Nevada.
In Nevada, first-degree murder is the unlawful killing of one human being by another with express or implied malice. “Malice” is the intent to kill. Second-degree murder in Nevada is all types of murder that are not considered to be first-degree murder. It is sometimes a homicide committed without premeditation, or “malice,” as it is referred to in Nevada.
Premeditation is entertaining the intention to kill the victim before the act. Without premeditation, a murderer would be charged with murder in the second degree instead of murder in the first.
Additionally, per Nevada’s felony murder rule, homicides committed during other felonies, such as rape, robbery, burglary, or kidnapping, also count as first-degree murder. This is so even if no malice or premeditation element is present in the homicide. A felony murder is a first-degree murder because it is committed in the course of committing another felony offense.
What Is Justifiable Homicide?
Justifiable homicide involves the killing of a human being. However, the perpetrator is considered to have a legitimate reason to justify the homicide.
How Does Nevada Define Justifiable Homicide?
The state defines justifiable homicide that the law deems to have been necessary for one of the following reasons:
- It was done in self-defense;
- It was done in defense of a person’s habitation;
- It was done in defense of an occupied motor vehicle;
- It was done in defense of another person.
If the victim of a homicide intends to commit violence against the person who kills them or attempts to enter into an occupied dwelling or an occupied car of the person who kills them, then the victim’s killing is justified and is not considered murder.
In general, this is referred to as the “Castle Doctrine.” It allows a person who is in their home or motor vehicle to kill an intruder into their home or vehicle even if the intruder has no violent intent towards the person who kills them.
The use of force in defense of oneself, or self-defense, is allowed under two conditions as follows:
- When a person believes that an aggressor poses an immediate threat of harm, and
- When a person uses no more force than is necessary to repel the aggressor’s threat.
The conditions that would justify the defense of another would be the same as those required to justify self-defense.
Under Nevada criminal law, self-defense can serve as a defense against other crimes, such as the following:
It is important to note that killing another person in Nevada is justifiable self-defense only if it is reasonably necessary to repel an imminent threat of death or substantial bodily harm. Again, however, if the victim of the homicide attempted to enter an occupied dwelling or motor vehicle, the homicide is justified even if the homicide was not reasonably necessary to repel an imminent threat of death or substantial bodily harm.
As a “stand your ground state,” Nevada law does not impose a duty to retreat before killing in self-defense as long as the person stands their ground and fights back:
- Is not the original aggressor in the confrontation,
- Has a right to be in the place where deadly force is used, and
- Is not involved in criminal activity.
When Does Nevada Allow a Person to Assert Justifiable Homicide?
In Nevada, a person can use the justifiable homicide defense only if they:
Were not the initial aggressor in the confrontation that led to the killing of the victim;
Had a right to be in the location they were in at the time they used deadly force; and
Did not actively engage in actions that furthered criminal activity at the time the person used deadly force.
Can I Use the Fact That I Was Afraid to Justify Killing Someone?
According to Nevada criminal law, simply fearing being attacked is not enough to justify killing another person. The circumstances surrounding the killing must be such circumstances as would lead a reasonable person to be frightened enough to act in the same manner under the influence of that fear.
Keep in mind that generally, a person does not want to kill another person because they feel afraid of that person. The person may be perfectly harmless, and we do not want to kill innocent people who are simply doing their business in a public place.
For example, a person might feel fear when walking down a dark street late at night upon seeing another person walking alone down the same street. This would not justify the person killing the other person.
To justify homicide or killing another person, a person must believe that the other person is an aggressor who poses an immediate threat of harm to them. The other person must, in some way, do something that demonstrates a threat of harm. Or in other words, the person must perceive that the other person poses an immediate threat of harm, e.g., wielding a weapon such as a firearm in a threatening manner.
This is to be distinguished from a justifiable homicide in a home or a motor vehicle. If a person is in their home or motor vehicle, they can kill an intruder, even though the intruder does not demonstrate any threat of imminent harm or act as an aggressor towards the person who kills them. They can be killed because they are an intruder.
Outside of a person’s home or car, the rules are different. The law of self-defense or defense of others applies, as explained above.
Do I Have the Burden of Proving That the Homicide Was Justifiable?
A criminal defendant has the burden of proving that a homicide was justifiable because it is called an “affirmative defense” in legal terminology. The person using justifiable homicide as a defense has the burden of proving the circumstances that justified killing the victim. The standard for an affirmative defense is proof beyond a reasonable doubt.
What Is the Punishment for a Justifiable Homicide?
There is no punishment for justifiable homicide. If a perpetrator and their lawyer successfully prove the defense of justifiable homicide at trial, Nevada fully acquits the person of murder. No punishment of any kind would be imposed.
The standard punishments for first-degree murder in Nevada are the following
- Life in state prison without any possibility of parole, or
- Life in prison with the possibility of parole after twenty years, or
- Fifty years in prison with the possibility of parole after twenty years.
If there is at least one aggravating circumstance, and a jury finds that any mitigating circumstances do not outweigh the aggravating circumstance, the death penalty is a possible punishment in Nevada, although no one has been executed in Nevada since 2006.
So, success with a justifiable homicide defense is extremely helpful.
Should I Contact a Lawyer for Help with My Homicide Charge?
If you are charged with murder in any degree or manslaughter, you will want to consult an experienced Nevada criminal defense lawyer. By talking with a lawyer, you can learn about your legal rights.
Your lawyer can analyze the facts of your case and determine whether a justifiable homicide defense is available to you. If it is, your lawyer can work to prove the defense at trial. If not, your lawyer may be able to identify a different defense and otherwise help you deal with the prosecution and prepare for trial.
