In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Criminal Law A to Z
In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Crimes by NRS Section
Every crime in Nevada is based in a section of the Nevada Revised Statutes (NRS). For each crime, our attorneys explain the laws, penalties and best defenses to fight the charge.
Nevada DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Post-Conviction
Even if you’ve already been convicted of a crime, there is still much you can do to seal your record and restore your rights. Our attorneys explain how.
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
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Murder is a more serious homicide crime than manslaughter in Nevada.
Murder requires “malice aforethought”, which includes premeditation or extremely reckless conduct. In contrast, manslaughter is done “in the heat of passion” or through negligent behavior.
Murder is divided into two degrees.
First degree murder comprises:
Meanwhile, second degree murder comprises unpremeditated killings resulting from extremely reckless behavior.
Example: Paul and Ron are playing Russian Roulette. Paul points the gun at Ron and pulls the trigger, resulting in Ron dying from a gunshot wound.
Even if Paul did not intend for Ron to die, he should have known that death was likely inevitable from playing something as risky as Russian Roulette.
Murder is a category A felony. The penalties depend on the degree:
Murder conviction | Nevada Penalties |
1st-degree murder |
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2nd-degree murder |
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As with murder, there are two types of manslaughter.
Voluntary manslaughter is killing someone “in the heat of passion.” The defendant had no intention of killing anyone, but they were so provoked in the moment that they instantly flew into a homicidal rage.
Example: Henry walks into his bedroom only to find his wife in bed with another man. Immediately Henry flies into a rage and kills him.
Although the killing was intentional in the moment, the “sudden passion” element makes it less blameworthy than first-degree murder. Henry would face voluntary manslaughter instead of murder charges.
Meanwhile, involuntary manslaughter is unintentionally killing someone while committing:
So although the defendant’s actions were risky, they did not rise to the level of extreme recklessness of second-degree murder.
Manslaughter penalties turn on the specific charge.
Manslaughter conviction | Nevada Penalties |
Voluntary manslaughter | Category B felony:
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Involuntary manslaughter | Category D felony:
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Nevada has separate charges for cases involving car accidents that result in a fatality. The penalties turn on whether the defendant was intoxicated, reckless, or merely negligent.
Charge | Nevada Penalties |
Vehicular manslaughter (a fatal crash caused by negligence) | Misdemeanor
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Reckless driving causing death | Category B felony:
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DUI causing death | Category B felony:
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Vehicular homicide (a fatal DUI crash following 3 prior DUI convictions) | Category A felony:
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A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.