Las Vegas Criminal Lawyer
Self-Defense: How Nevada Law Can Protect You When You Act in Defense
Nevada law allows individuals to use reasonable force to defend themselves or others if they are in immediate danger. The law recognizes that in some situations, taking action to protect oneself or another person is not only justified but necessary. If you feel threatened, and your reaction is proportional to the threat, you may be able to claim self-defense as a legal defense in a criminal case.
At Hofland & Tomsheck, veteran criminal defense attorney Josh Tomsheck has successfully used self-defense arguments in numerous violent crime cases, securing not guilty verdicts for his clients. With extensive experience in handling complex criminal cases, Josh Tomsheck understands how to effectively raise self-defense as a legal strategy to refute criminal charges.
What Is Self-Defense Under Nevada Law?
In Nevada, self-defense is a legal defense that permits individuals to protect themselves or others when they reasonably believe that they are facing imminent harm. The law requires that the force used in self-defense must be reasonable and proportional to the threat faced. Essentially, the individual’s actions must be what a reasonable person would do under similar circumstances.
NRS 200.120 outlines the conditions under which the use of force, including deadly force, is justified. According to this statute, the killing of another person can be deemed legally justifiable if it is done in necessary self-defense. In cases involving homicide or murder, self-defense may be a viable claim to refute criminal charges if the defendant can prove that their actions were reasonable and necessary to prevent serious harm or death.
While Nevada law allows for the use of force in self-defense, it also places limits on when and how much force can be used. The force applied must be proportional to the threat. For example, if someone is physically attacked, they may have the right to defend themselves, but the level of force used must not exceed what is necessary to stop the threat. If excessive force is used, the self-defense claim may not hold.
Legal Standards for Self-Defense in Nevada
To successfully raise a self-defense claim in Nevada, several legal standards must be met. Josh Tomsheck has extensive experience in proving these elements on behalf of his clients. The key elements of a self-defense claim include:
Imminent Threat: The individual must have reasonably believed that they or someone else was facing an immediate threat of serious harm or death. The threat must be direct and imminent, meaning that the defendant believed that harm would occur right away if they did not act.
Reasonable Force: The force used in self-defense must be reasonable and proportional to the threat faced. Deadly force, such as killing someone in self-defense, is only justified if the defendant reasonably believed that they were in immediate danger of death or serious bodily harm. Lesser threats, such as a minor physical altercation, generally do not justify the use of deadly force.
No Duty to Retreat: Nevada law does not require individuals to retreat before using force in self-defense. This is known as the “stand your ground” law, which allows individuals to defend themselves without attempting to flee, as long as they are in a place where they have a legal right to be. This is particularly important in situations where someone is attacked in their home or other locations where they have a legal right to be present.
Defense of Others: Self-defense in Nevada also extends to the defense of others. If an individual believes that another person is in immediate danger of serious harm or death, they may use reasonable force to protect that person, including deadly force if necessary.
These legal standards are critical to establishing a successful self-defense claim. Josh Tomsheck works diligently to gather evidence, interview witnesses, and build a strong defense strategy that demonstrates that his clients were acting in self-defense.
Justifiable Homicide in Nevada
NRS 200.120 specifically addresses the use of deadly force in self-defense. In Nevada, the killing of a human being can be legally justified if it is done in necessary self-defense. The statute defines justifiable homicide as the killing of another person when it is necessary to prevent imminent death or serious bodily harm to oneself or another person.
For instance, if someone is attacked with a weapon and they respond by using deadly force to protect themselves, that killing may be considered justifiable under Nevada law. However, the defendant must prove that they reasonably believed that their life was in danger, and the use of deadly force was the only way to prevent harm.
While self-defense can be a powerful defense in homicide or murder cases, it is important to have a skilled attorney like Josh Tomsheck on your side to ensure that your actions are properly justified under the law. Josh has a track record of successfully defending clients in high-stakes criminal cases where self-defense was the primary defense.
How Josh Tomsheck Can Help with Your Self-Defense Case
When facing criminal charges for a violent crime, it is critical to have an experienced Las Vegas criminal defense attorney who understands the nuances of Nevada’s self-defense laws. Josh Tomsheck has represented clients in numerous cases where self-defense was successfully used to secure acquittals or dismissals.
Josh will thoroughly investigate your case to gather evidence supporting your claim of self-defense. This may involve interviewing witnesses, reviewing surveillance footage, and examining the physical evidence. He will also work to discredit any evidence or testimony presented by the prosecution that attempts to show that your actions were not justified.
One of the most important aspects of a self-defense case is presenting your side of the story in a way that resonates with the jury. Josh Tomsheck is an experienced trial lawyer who excels at telling his clients’ stories and explaining how their actions were reasonable and necessary under the circumstances. He has secured numerous not-guilty verdicts at trial by effectively arguing self-defense on behalf of his clients.
Self-Defense in Domestic Violence and Assault Cases
Self-defense is often raised in cases involving domestic violence or assault charges. In these situations, it may be possible to argue that the defendant was acting in self-defense to protect themselves from harm inflicted by the alleged victim. For example, if someone is being attacked by their partner during a domestic dispute, they may have the right to use force to defend themselves, and their actions may be legally justified.
Josh Tomsheck has successfully raised self-defense in domestic violence cases, resulting in dismissals and acquittals for his clients. If you have been charged with domestic violence or another violent crime and believe that your actions were taken in self-defense, it is important to seek legal representation immediately to protect your rights.
Contact Hofland & Tomsheck for a Free Consultation
If you are facing criminal charges and believe that your actions were justified under Nevada’s self-defense laws, it is critical to seek the advice of an experienced criminal defense attorney. Josh Tomsheck of Hofland & Tomsheck has a proven track record of successfully defending clients in self-defense cases and obtaining favorable outcomes.
Contact us today to schedule a free consultation and discuss your case. We will review the facts of your case, explain your legal options, and develop a defense strategy to protect your rights in court. Don’t wait—reach out to Hofland & Tomsheck to get the legal representation you need for your criminal case.