Degrees of murder; penalties

Nevada Defense Attorney Explains Degrees of Murder

Murder is illegal in the state of Nevada, and those who are convicted of committing murder can face harsh consequences. The specific nature of the consequences that result from a murder conviction will depend upon many factors, including the degree of murder with which a defendant has been charged.

Nevada law defines different degrees of murder in Chapter 200, which is the Chapter of Nevada’s criminal code that deals with crimes against the person. A Vegas criminal defense lawyer at LV Criminal Defense can provide insight into how murders are classified into different degrees and can help you if you have been accused of murder to try to reduce or avoid penalties associated with this serious crime.

Because the penalties for any degree of murder can result in jail time and because a record of a murder can impact your life in very profound ways going forward, it is important that you get legal help as soon as you are under suspicion for committing murder. Contact LV Criminal Defense to find out how our legal team can help you.

Nevada Laws on Degrees of Murder and Penalties

Murder is defined in Chapter 200 as the unlawful killing of another human being with malice aforethought that is either express or implied. The different degrees of murder are explained in Nevada Revised Statute section 200.030.

According to Nevada Revised Statute section 200.030, when a person lies in wait to kill someone or tortures a person to death, this is an example of first degree murder. A murder perpetrated by means of poison is also a first degree murder, as is any type of murder where there is evidence of premeditation.

Murder committed while perpetrating, or attempting to perpetrate, other specific offenses can also be considered murder in the first degree. For example, a murder committed while also committing a sexual assault, kidnapping, the sexual abuse or molestation of a child, or the abuse of an older person can all be considered first degree murder. Murders committed during a home invasion are also murders of the first degree, as are murders that are committed on school grounds or as part of school activities.

If a murder is committed with the goal of preventing lawful arrest or escaping from custody, that murder is a murder in the first degree as well, as is a murder committed in an act of terrorism.

Murder in the first degree is a Category A felony and, if there are aggravating circumstances, the potential penalty could include death. Without aggravating circumstances, conviction for murder in the first degree could result in a penalty of life imprisonment either with or without the possibility of parole.

All other offenses that meet the definition of murder but that do not involve premeditation or that did not occur while another crime was being committed are considered to be second degree murder. Second degree murder is a category A felony, but the maximum sentence is life in prison with the eventual possibility of parole.