What is Attempted Murder in Nevada?
In Nevada criminal law, there are completed crimes and there are attempted crimes. Most felonies can be charged as “attempted” rather than completed crimes. Attempted murder is the attempt (but not the completion) of the crime of murder.
The elements of Attempted Murder in Nevada are: (1) the specific intent to kill the victim; and (2) the defendant took a direct step towards carrying out the killing.
What is the Penalty for Attempted Murder?
In Nevada, Attempted Murder is a Category B felony which the Court can punish with a sentence of 2 to 20 years in prison. However, there are the following additional penalties:
- If a deadly weapon was used, an additional 1 to 20 years
- The victim was age 60 or older, an additional 1 to 20 years
- Attempted murder with poison, life in prison with the possibility of parole after 5 years, or 15 years in prison with the possibility of parole after 5 years
What are some Examples of Attempted Murder?
Any act done with the intent to murder someone, with a concrete act towards the attempt, is attempted murder if the victim does not die. Some examples include:
- Shooting at people in a drive-by, what they survive
- Hitting someone over the head with a deadly weapon, but they only get permanently disabled rather than die.
- Poisoning someone slowly over time.
But it is important to note that, if the victim later dies as a result of their injuries, the prosecutor will upgrade the charge to murder.
What are some Defenses to Attempted Murder?
Every case is unique, but in general, there are standard defenses any defense attorney will investigate when you are charged with attempted murder. These may include:
- Defense of others
- Lack of specific intent
- No concrete act towards an attempt
- Mistaken identity – someone attempted to murder, but it was not you
- False accusation – someone is accusing you, but they have a motive to falsely accuse you.
Call our Liberators Criminal Defense attorneys today for a free initial consultation. We look forward to getting to work defending you and fighting to get your life back from these serious charges.