Murder is the unlawful killing of a human being, or homicide, done with intent. In Nevada, murder is the unlawful killing of a human being done with intent, caused by a controlled substance, or fleeing lawful escape. Nevada typically punishes those convicted of murder with:
- Life without the possibility of parole
- Life with the possibility of parole
What Is Attempted Murder in Nevada?
Attempted murder in Nevada is the intent to take the life of another done with:
- Taking a substantial step toward the killing of another
Is Assault with a Deadly Weapon the Same Charge as Attempted Murder?
No. Assault with a deadly weapon is merely attempting to use a deadly weapon against someone, generally with the intent to either harm the person or place the person in apprehension of being harmed. To attempt to murder someone means the person deliberated took a step toward ending an individual’s life with the intent to kill them. Thus, the person intended to commit murder, not just to injure or place the victim in fear.
Can My Attempted Murder Charge Be Downgraded to Assault with a Deadly Weapon in Nevada?
It is not always easy for the prosecution to prove that a defendant intended to murder the victim. Thus, it is possible for a person to have their attempted murder charge downgraded to assault with a deadly weapon, which is a lesser charge. It depends on the facts of the case and whether the prosecution can overcome the defendant’s lawyer’s argument that there was no intent to kill.
What Is the Penalty for Attempted Murder in Nevada?
It is two to 20 years in prison and/or a $5,000 fine. There is a more serious sentence possibility of one to 20 years if a weapon was used or the victim was elderly.
What Is the Penalty for Assault with a Deadly Weapon?
Assault with a deadly weapon is a Category B felony. The punishment for the crime is one to six years in prison and/or a $5,000 fine.
Should I Hire an Attorney to Represent Me in My Attempted Murder Case?
Understanding the difference between aggravated assault and attempted murder is vital in terms of creating a solid defense strategy. Contact a Nevada attorney immediately to assist you in this endeavor.