The Law of Self Defense in Nevada
The Nevada Revised Statutes provide a detailed definition of justifiable homicide:
NRS 200.120 “Justifiable homicide” defined; no duty to retreat under certain circumstances.
1. Justifiable homicide is the killing of a human being in necessary self-defense, or in defense of an occupied habitation, an occupied motor vehicle or a person, or against any person or persons who manifestly intends or endeavors to commit a crime of violence, or against any person who manifestly intend and endeavor, in a violent, riotous, tumultuous or surreptitious manner, to enter the occupied habitation or occupied motor vehicle, of another for the purpose of assaulting or offering personal violence to any person dwelling or being therein.
Justifiable homicide does not required you to retreat, so long as you are not the original aggressor, had the right to be present at the location where deadly force is used, and were not actively engaged in criminal activity at the time deadly force was used.
Simply being afraid does not justify the use of deadly force, even if it meets the criteria listed above. The circumstances must be sufficient to have excited the fears of a reasonable person. Revenge is not justifiable homicide. You must have known or reasonably believed the person killed was entering unlawfully and with force, reasonably believed that they were committing or attempting to commit a crime of violence, and you must not have provoked the person killed.
Public officers can commit justifiable homicide in specific circumstances, such as in obedience to the judgment of a competent court, when meeting resistance to executing a legal process, or when necessary in retaking an escaped or rescued prisoner arrested or convicted of a felony, lawfully attempting to arrest a person, suppressing a riot or preserving the peace, protecting against imminent threat to the life of a person.
Other situations where a homicide may be decided justifiable are in the lawful defense of the slayer, or his or her husband, wife, parent, child, brother or sister, or of any other person in his or her presence or company when there is reasonable ground to apprehend a design on the part of the person killed to commit a felony or great person injury. Someone illegally entering a private residence with intent to commit a felony can also be reasoned as justifiable.
There is a burden of proof to be presented to ensure justifiable homicide is a valid legal decision. If you or anyone in your family find yourself in this situation, on either side, You need an expert Criminal Defense Lawyer in Las Vegas.
Douglas Crawford Law is an expert in these matters. I will give you the representation you need to get you through this challenging time.
Hire me. I can be reached at (702) 383-0090.
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