Murder is the unlawful killing of a human being with malice, which is the intent to kill. Malice can be expressed or implied. Regardless of how malice is shown, it must be the deliberate intent to take someone’s life.
What Is Second Degree Murder in Nevada?
Second degree murder in Nevada is defined as all types of murder that are not considered to be first degree murder. It is often murder that is committed without premeditation, which is planning the murder in advance.
What Type of Murders Are Considered First Degree Murder in Nevada?
The state considers first degree murder as killing a human being by:
- Lying in wait for the victim
- Torturing the victim
- Poisoning the victim
- Acting in a premeditated, willful, and deliberate manner
- Engaging in an attempted kidnapping, sexual assault, robbery, arson, burglary, sexual abuse of a child, invasion of a residence, sexual molestation of a child under the age of 14 years old, abuse of an elderly person that results in the victim’s death
- Preventing or avoiding a lawful arrest made by a police officer
- Using a device or weapon
- Engaging in an act of terrorism
Are Second Degree Murder and Manslaughter the Same Crime in Nevada?
No. While manslaughter also involves the unlawful killing of a human being, the killing is not done with malice and/or deliberation. Manslaughter can be voluntary or involuntary. Second degree murder, on the other hand, does typically involve both malice and deliberation.
What Is the Penalty of Second Degree Murder?
The punishment for second degree murder in Nevada is:
- Life with the possibility of parole OR
- Definite term of 25 years with the possibility of parole
Can a Second Degree Murder Charge Be Reduced to Manslaughter?
A serious crime such as second degree murder can be reduced to a lesser crime if there are circumstances that mitigate, or lessen the severity of, the crime. Manslaughter is considered a lesser charge that will often result in less time in prison than second degree murder. Thus, a second degree murder may be lowered to manslaughter if there are mitigating circumstances that would justify lowering the charge.
Do I Need a Lawyer?
Absolutely, as a second degree murder charge is extremely difficult to defend oneself against without the assistance of a lawyer. Contact a Nevada criminal lawyer about your case to determine the next step to resolve your criminal charge.