MURDER AND MANSLAUGHTER
MURDER AND MANSLAUGHTER
MURDER CHARGES
Criminal Defense
Being charged with murder is one of the most serious offenses in the criminal justice system. Murder is defined as the unlawful killing of a human being with malice aforethought, either expressed or implied. In Nevada, murder is classified into two degrees: first-degree murder and second-degree murder.
MURDER CHARGES
Criminal Defense
Being charged with murder is one of the most serious offenses in the criminal justice system. Murder is defined as the unlawful killing of a human being with malice aforethought, either expressed or implied. In Nevada, murder is classified into two degrees: first-degree murder and second-degree murder.
MURDER CHARGES
If you're facing homicide charges in Las Vegas, having an experienced homicide attorney is critical. At Shimer Zach Law, we are dedicated to providing the highest level of legal representation for clients charged with serious crimes, including homicide. Our team utilizes the latest resources to thoroughly investigate and gather the necessary information for your case. With extensive knowledge of Nevada's state laws and the criminal justice system, we work closely with you to navigate every legal avenue. If your charges involve any elements of injury, we will integrate these factors into your defense. With our commitment to your case, we are here to defend your rights and fight for the best possible outcome in court.
MURDER CHARGES
If you're facing homicide charges in Las Vegas, having an experienced homicide attorney is critical. At Shimer Zach Law, we are dedicated to providing the highest level of legal representation for clients charged with serious crimes, including homicide. Our team utilizes the latest resources to thoroughly investigate and gather the necessary information for your case. With extensive knowledge of Nevada's state laws and the criminal justice system, we work closely with you to navigate every legal avenue. If your charges involve any elements of injury, we will integrate these factors into your defense. With our commitment to your case, we are here to defend your rights and fight for the best possible outcome in court.
1st Degree Murder
Criminal Defense
Murder in the first degree in Nevada is defined as murder that is perpetrated by means of poison, lying in wait, or torture, or through any other kind of willful, deliberate, and premeditated killing. It is also committed in the preparation, perpetration, or attempted perpetration of serious crimes such as sexual assault, kidnapping, arson, robbery, burglary, invasion of the home, sexual abuse or molestation of a child under 14 years, child abuse, or the abuse of an older person or vulnerable person, which is classified as felony murder. First-degree murder can also occur when committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal custody. Additionally, it is considered first-degree murder if committed on the property of a public or private school, during an activity sponsored by a public or private school, or on a school bus while the bus was engaged in its official duties, where the person intended to create a great risk of death or substantial bodily harm to more than one person using a weapon or course of action that would normally be hazardous to the lives of more than one person. Lastly, it can be committed in the perpetration or attempted perpetration of an act of terrorism.
If convicted of first-degree murder, the punishment is severe and is classified as a category A felony. The convicted individual may face:
Death, only if aggravating circumstances are found, and any mitigating circumstances do not outweigh the aggravating ones, unless the court has ruled that the defendant has an intellectual disability and removed the intent to seek the death penalty.
Life imprisonment without the possibility of parole.
Life imprisonment with the possibility of parole, eligible after serving 20 years.
A definite term of 50 years, with eligibility for parole after serving 20 years.
1st Degree Murder
Criminal Defense
Murder in the first degree in Nevada is defined as murder that is perpetrated by means of poison, lying in wait, or torture, or through any other kind of willful, deliberate, and premeditated killing. It is also committed in the preparation, perpetration, or attempted perpetration of serious crimes such as sexual assault, kidnapping, arson, robbery, burglary, invasion of the home, sexual abuse or molestation of a child under 14 years, child abuse, or the abuse of an older person or vulnerable person, which is classified as felony murder. First-degree murder can also occur when committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal custody. Additionally, it is considered first-degree murder if committed on the property of a public or private school, during an activity sponsored by a public or private school, or on a school bus while the bus was engaged in its official duties, where the person intended to create a great risk of death or substantial bodily harm to more than one person using a weapon or course of action that would normally be hazardous to the lives of more than one person. Lastly, it can be committed in the perpetration or attempted perpetration of an act of terrorism.
If convicted of first-degree murder, the punishment is severe and is classified as a category A felony. The convicted individual may face:
Death, only if aggravating circumstances are found, and any mitigating circumstances do not outweigh the aggravating ones, unless the court has ruled that the defendant has an intellectual disability and removed the intent to seek the death penalty.
Life imprisonment without the possibility of parole.
Life imprisonment with the possibility of parole, eligible after serving 20 years.
A definite term of 50 years, with eligibility for parole after serving 20 years.
2nd Degree Murder
Criminal Defense
Murder in the second degree encompasses all other types of murder that do not qualify as first-degree murder. It is typically committed when a killer acts with a reckless disregard for human life, amounting to "an abandoned and malignant heart." While the conviction remains a category A felony, the death penalty is not an option in second-degree murder cases, and the individual may become eligible for parole much sooner than in first-degree cases.
A person convicted of second-degree murder in Nevada shall be punished by imprisonment in the state prison for a definite term of 25 years, with eligibility for parole beginning after serving 10 years, or for life with the possibility of parole after a minimum of 10 years.
For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
If the victim survives, this will not be a defense to a murder charge. The state can still charge you with attempted murder. If a person acts with the intent to commit murder and fails to complete the act, it is considered an attempt to commit murder. In Nevada, an attempted murder charge, which is a category B felony, carries a sentence of imprisonment for no less than 2 years and no more than 20 years.
As you can see, any murder charge is a serious offense, potentially leading to severe consequences, including the death penalty in some circumstances. However, the state still has the burden of proof, meaning they must prove the case beyond a reasonable doubt. A skilled defense attorney will hold the state to this burden during trial. Additionally, pretrial motions based on rights violations could lead to the suppression of evidence, which may be advantageous to the defense. If the homicide was justifiable, such as in cases of self-defense, the person may not be charged with murder.
2nd Degree Murder
Criminal Defense
Murder in the second degree encompasses all other types of murder that do not qualify as first-degree murder. It is typically committed when a killer acts with a reckless disregard for human life, amounting to "an abandoned and malignant heart." While the conviction remains a category A felony, the death penalty is not an option in second-degree murder cases, and the individual may become eligible for parole much sooner than in first-degree cases.
A person convicted of second-degree murder in Nevada shall be punished by imprisonment in the state prison for a definite term of 25 years, with eligibility for parole beginning after serving 10 years, or for life with the possibility of parole after a minimum of 10 years.
For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
If the victim survives, this will not be a defense to a murder charge. The state can still charge you with attempted murder. If a person acts with the intent to commit murder and fails to complete the act, it is considered an attempt to commit murder. In Nevada, an attempted murder charge, which is a category B felony, carries a sentence of imprisonment for no less than 2 years and no more than 20 years.
As you can see, any murder charge is a serious offense, potentially leading to severe consequences, including the death penalty in some circumstances. However, the state still has the burden of proof, meaning they must prove the case beyond a reasonable doubt. A skilled defense attorney will hold the state to this burden during trial. Additionally, pretrial motions based on rights violations could lead to the suppression of evidence, which may be advantageous to the defense. If the homicide was justifiable, such as in cases of self-defense, the person may not be charged with murder.
Voluntary Manslaughter
Criminal Defense
When an unlawful killing occurs without express or implied malice and without deliberation, it may qualify as voluntary manslaughter, depending on the facts of the case. To be charged with voluntary manslaughter, the killing must have been committed voluntarily, in a sudden heat of passion caused by provocation that is apparently sufficient to make the passion irresistible. There must be a serious injury inflicted upon the killer, one that would excite irresistible passion in a reasonable person. Alternatively, the provocation could come from an attempt by the deceased to inflict serious injury on the person committing the killing.
However, even if the killing was committed in a moment of uncontrollable passion, if the jury determines that the circumstances were not sufficient to justify such a passion in a reasonable person, then second-degree murder may be charged. As established in
State of Nevada v. Ah Moot (12 Nev. 369, 386-87, 1877), a killing resulting from an impulsive passion could be considered second-degree murder or voluntary manslaughter, depending on the circumstances.
Voluntary manslaughter is classified as a category B felony, and those convicted can face the following penalties:
Imprisonment for a minimum term of 1 year and a maximum term of not more than 10 years
A possible fine of not more than $10,000
Voluntary Manslaughter
Criminal Defense
When an unlawful killing occurs without express or implied malice and without deliberation, it may qualify as voluntary manslaughter, depending on the facts of the case. To be charged with voluntary manslaughter, the killing must have been committed voluntarily, in a sudden heat of passion caused by provocation that is apparently sufficient to make the passion irresistible. There must be a serious injury inflicted upon the killer, one that would excite irresistible passion in a reasonable person. Alternatively, the provocation could come from an attempt by the deceased to inflict serious injury on the person committing the killing.
However, even if the killing was committed in a moment of uncontrollable passion, if the jury determines that the circumstances were not sufficient to justify such a passion in a reasonable person, then second-degree murder may be charged. As established in
State of Nevada v. Ah Moot (12 Nev. 369, 386-87, 1877), a killing resulting from an impulsive passion could be considered second-degree murder or voluntary manslaughter, depending on the circumstances.
Voluntary manslaughter is classified as a category B felony, and those convicted can face the following penalties:
Imprisonment for a minimum term of 1 year and a maximum term of not more than 10 years
A possible fine of not more than $10,000
Why Do I Need A Lawyer?
Shimer Zach
Manslaughter charges are extremely serious and can result in long prison sentences. A skilled lawyer can help by thoroughly investigating the case, challenging evidence, and providing a strong defense. With experienced legal representation, you can protect your rights, potentially reduce charges, and work towards the best possible outcome in such a life-altering case.
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Our Attorney
Our Team
Our attorney is dedicated to providing a strong defense for manslaughter charges. With extensive experience in handling serious criminal cases, we work tirelessly to investigate every detail, challenge evidence, and fight for the most favorable outcome, ensuring your rights are protected throughout the process.
terry jones zach
Senior Partner/Owner
john shimer
Senior Partner/Owner
Testimonials
What Our Client Say
"This law office is by far the best in las vegas. I was facing some serious charges license being possibly suspended/revoked and 9 points on my driving record. i contacted them and their staff was very understanding and compassionate and ready to take on my case. After meeting John and his staff they started working on my case immediately to give me the best possible out come to fix the situation. Finally after everything was said and done i have a clean driving record again with no points and my life is back to normal. I am very great full and thankful for everything they have done for me including the exceptional service that was provided to me throughout this whole process. Thank you for everything." - Courtney Clark
Bripabz Bartolome
John Shimer and his firm have to be the best DUI and Traffic lawyer in Las Vegas. He goes above and beyond! He listens and cares. He takes the pain out of your already bad situation as much as possible and does his best to get the best result possible based on your situation.
kevin carmona
I had an incredible experience with Shimmer Zach. Their expertise and dedication ensured a smooth and successful outcome for my case. They were professional, attentive, and always available to answer my questions. Highly recommend their services, they over deliver!
erica chang
Smooth and professional!! Everything was so easy and to the point, I barely had to do anything and they took care of everything for me! Highly recommended!!
Testimonials
What Our Client Say
"This law office is by far the best in las vegas. I was facing some serious charges license being possibly suspended/revoked and 9 points on my driving record. i contacted them and their staff was very understanding and compassionate and ready to take on my case. After meeting John and his staff they started working on my case immediately to give me the best possible out come to fix the situation. Finally after everything was said and done i have a clean driving record again with no points and my life is back to normal. I am very great full and thankful for everything they have done for me including the exceptional service that was provided to me throughout this whole process. Thank you for everything." - Courtney Clark
Bripabz Bartolome
John Shimer and his firm have to be the best DUI and Traffic lawyer in Las Vegas. He goes above and beyond! He listens and cares. He takes the pain out of your already bad situation as much as possible and does his best to get the best result possible based on your situation.
kevin carmona
I had an incredible experience with Shimmer Zach. Their expertise and dedication ensured a smooth and successful outcome for my case. They were professional, attentive, and always available to answer my questions. Highly recommend their services, they over deliver!
erica chang
Smooth and professional!! Everything was so easy and to the point, I barely had to do anything and they took care of everything for me! Highly recommended!!
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DISCLAIMER:
Everything displayed on this site shall be regarded as general advertising and educational information and in no way should it be interpreted as legal advice. This does not create an attorney-client relationship. You should contact an attorney directly regarding your own situation. An attorney-client relationship will only be established after you hire us and we have established that there is no conflict of interest.
© 2024 Law Offices of Shimer Zach. All Rights Reserved
DISCLAIMER:
Everything displayed on this site shall be regarded as general advertising and educational information and in no way should it be interpreted as legal advice. This does not create an attorney-client relationship. You should contact an attorney directly regarding your own situation. An attorney-client relationship will only be established after you hire us and we have established that there is no conflict of interest.