Attempted murder is a serious charge in Nevada. More fully comprehending the definition of attempted murder and what legal consequences may await you if convicted means you can better prepare for your case.
Definition of Attempted Murder
In basic terms, murder is killing someone without having legal justification to do so. You can legally take someone else’s life in the following circumstances (and those similar):
You are a law enforcement official of some kind and you kill someone in the act of upholding the law.
You, or someone else, are being attacked by someone to the point that you fear for your physical safety or your life, or the physical safety or life of someone else.
Attempted murder is doing anything that attempts to unlawfully take someone else’s life and not being successful.
For instance, if you stabbed your neighbor 33 times in the chest, right after having a loud verbal altercation with them, it would appear that you were trying to kill them. This would be based on the fact that you stabbed them in areas where vital organs are housed (as opposed to their forearm or their foot). The court would also take into consideration the fact that you stabbed them (what would most likely be considered) an excessive number of times.
If they die, you’ve committed murder. If they do not, you may be charged with attempted murder.
Attempted Murder Sentencing
Attempted murder is considered a Category B felony. Therefore, attempted murder carries a prison sentence of between 2 and 20 years. There are usually no fines normally assessed along with the sentence.
Defending Against Attempted Murder Charges
Defending against an attempted murder charge will entail proving that you had no intention of killing anyone or that you were trying to defend yourself or someone else in the process of nearly killing the victim.
Intent to Kill
When you create a plan to kill someone, this is often called “malice aforethought”. This is usually proven with angry emails, voicemails, notes, or even verbal altercations in which witnesses can attest to hearing you claim that you’re going to kill the victim.
For instance, if you get into an argument with an employee and yell “You’re done!” at them and walk away, you may be setting yourself up to be found as having malice aforethought in court. This could be bad for your case if you end up hurting the person you were arguing with. Other employees who witnessed the argument may testify that you weren’t clear about whether the person would be losing their job or their life.
However, when you have no previous connection to someone—meaning you’ve had no disagreements or tension of any kind with the person–it’s harder to claim that you planned to murder that person because you have no motive.
Self-Defense or Defense of Someone Else
If you nearly kill someone because they were in the process of attacking you (pulled a gun on you, lunged at you with a knife, etc.), then whatever actions you took in order to disable that would be seen as self defense and therefore lawful.
The same goes for defending others. For instance, if your classmate points a gun at your professor as they are walking up behind them, and you jump in and save your professor from being killed or severely hurt, it may be considered an attempt to preserve human life.
Weiner Law Group is Here to Defend You
Weiner Law Group lawyers are knowledgeable attorneys with the goal of getting you cleared of all charges, or getting you the lowest sentence possible in your case. Don’t make the mistake of trying to defend yourself in court or allowing a rookie lawyer or public defender to do it. With Weiner Law Group, you can trust that you will get the justice that you deserve. Call us at 702-202-0500 now to learn more about how we can help you defend against attempted murder charges.