Express and implied defined

A Vegas Defense Lawyer Explains Meaning of Malice

Nevada law imposes the harshest penalties in the criminal justice system on defendants who have been convicted of the crime of murder. Murder is considered to be a homicide offense and it is classified as a crime against the person, so the definition of murder is found within Chapter 200 of Title 15. Chapter 200 lists crimes against persons, and Title 15 is the section of Nevada’s laws where all crimes and punishments are defined.

If you have been accused of murder, it is important that you understand the definition of this offense that is found within Chapter 200. This definition centers around whether or not you acted with malice. A prosecutor will need to prove you did, in fact, act with malice in order to secure a conviction for murder. The means that if you can disprove that you acted with malice, you should not be convicted of this serious offense.

LV Criminal Defense is here to help. Our legal team knows the definition of murder in Nevada very well and we have represented many defendants accused of murder and accused of related offenses including voluntary and involuntary manslaughter. In every situation, we know the outcome of the case against you could shape every aspect of your future, so we take seriously our responsibility to aggressively advocate for you. If you have been accused of murder and you want assistance from Vegas defense lawyers with unparalleled experience, give us a call today.

Nevada Definition of Malice

Murder is defined in Nevada Revised Statute section 200.010 as the unlawful killing of a human being with malice aforethought. While there are other definitions of murder related to circumstances where someone dies in connection with drug offenses, many people accused of murder are tried on the basis of the fact they acted with express malice or implied malice.

Malice is an essential element of the crime of murder, so if a prosecutor cannot prove you acted with malice when you unlawfully killed someone, you should not be convicted of a murder offense. The definition of malice is found in Nevada Revised Statute section 200.020, and prosecutors must specifically show that a defendant they are trying to convict of murder acted with malice as defined by this statute. A prosecutor can show express of implied malice, both of which are defined by N.R.S. 200.020.

According to N.R.S. 200.020, express malice is a deliberate, unlawful attempt to take the life of a fellow person. Express malice is showed by an external circumstance. If the intent to take a life manifested in some external circumstance that can be objectively proved, this makes it easier for a prosecutor to show malice. An example of a situation where there is an external circumstance proving malice might be if police found a guide on your computer to how to strangle your wife and if you are now being accused of strangling your wife using the technique found online.

Implied malice, on the other hand, can be inferred even if there is no external, objective proof. According to N.R.S. 200.020, malice can be inferred or implied in circumstances where a defendant unlawfully took a life without any clear provocation showing why this crime may have been committed. Malice could also be inferred in circumstances where the prosecutor is able to show a defendant had an “abandoned and malignant” heart.

No matter which definition of malice a prosecutor is using, the job of your defense team will often involve trying to call into question whether the prosecutor’s representations of your motives or actions were sufficient to prove guilt beyond a reasonable doubt.