Felony Murder Rule

Understanding Nevada’s Felony Murder Rule with Las Vegas Murder and Homicide Attorney Josh Tomsheck

Nevada’s criminal justice system takes a firm stance on violent crimes, particularly those involving homicide. One of the most complex and controversial aspects of homicide law in the state is the felony murder rule. This rule allows individuals to be charged with murder if a death occurs during the commission of certain felonies, regardless of intent. For those who find themselves facing felony murder charges, understanding the nuances of this law is essential. Navigating these serious charges requires the expertise of a skilled Las Vegas Murder and Homicide attorney like Josh Tomsheck, a nationally board-certified criminal trial lawyer and former Chief Deputy District Attorney in Clark County.

The felony murder rule can result in severe penalties, including life in prison or even the death penalty in capital murder cases. If you or a loved one has been charged under Nevada’s felony murder rule, it is crucial to have a dedicated and knowledgeable defense attorney by your side.

What is the Felony Murder Rule?

Nevada’s felony murder rule holds individuals criminally responsible for a death that occurs during the commission of certain felonies, even if the death was unintentional. Under this doctrine, the intent to commit the underlying felony is sufficient to charge the defendant with murder, even if they did not directly cause the death.

The felony murder rule is codified under NRS 200.030, which outlines the types of offenses that qualify under this law. Felony murder typically applies when a death occurs during the commission or attempted commission of inherently dangerous felonies, such as:

• Robbery
• Kidnapping
• Arson
• Burglary
• Sexual assault
• Child abuse
• Home invasion

One of the key aspects of the felony murder rule is that it applies to all participants in the felony. This means that even if one person in a group causes the death, all individuals involved in committing the felony may face murder charges under this rule. For example, if a person dies during a bank robbery, all accomplices can be charged with murder, even if they did not intend for anyone to be killed or were unaware of the lethal actions of others.

Why the Felony Murder Rule is Controversial

The felony murder rule is one of the most controversial doctrines in criminal law, both in Nevada and across the United States. The primary issue with this rule is that it allows individuals to be charged with murder without proving that they had the specific intent to kill or cause harm. Instead, the prosecution only needs to demonstrate that a death occurred during the commission of a felony, even if the death was accidental or caused by someone else.

Critics of the felony murder rule argue that it unfairly holds individuals responsible for outcomes they did not intend or anticipate. For example, a person may be convicted of murder if their accomplice, without warning, kills a bystander during a robbery. Even if the defendant had no knowledge that a weapon would be used, they could still face the same penalties as the person who committed the actual killing.

Supporters of the felony murder rule contend that it serves as a deterrent, discouraging individuals from engaging in dangerous felonies that could lead to unintended harm. By holding all participants accountable for any deaths that occur, the law aims to prevent violent crimes and protect public safety.

Penalties for Felony Murder in Nevada

Nevada law classifies felony murder as first-degree murder, which is the most serious type of homicide charge. A conviction for felony murder carries severe penalties, including:

• Life imprisonment: A life sentence with or without the possibility of parole,
• Death penalty: In certain capital cases, particularly those involving aggravating factors, the death penalty may be pursued.

The potential for a death sentence makes defending against felony murder charges even more critical. While Nevada has specific guidelines for when the death penalty can be imposed, including the presence of aggravating circumstances such as multiple victims or the death of a child, anyone facing felony murder charges should prepare for the possibility of the harshest punishments.

It’s important to note that under Nevada’s felony murder rule, the defendant’s role in the death does not have to be direct. Whether you were the getaway driver, the planner, or even a lookout during the commission of the felony, you could still face the same penalties as the person who caused the fatality. This underscores the importance of building a strong legal defense with an attorney like Josh Tomsheck, who understands the complexities of these cases.

Common Defenses to Felony Murder Charges

Facing felony murder charges can be overwhelming, but there are legal defenses that can be raised to challenge the charges. A knowledgeable defense attorney like Josh Tomsheck will thoroughly investigate the circumstances of your case and explore every possible defense strategy, including:

Lack of Participation in the Underlying Felony
One of the most critical elements of a felony murder charge is the defendant’s participation in the underlying felony. If you can demonstrate that you were not involved in committing the felony or had withdrawn from the crime before the death occurred, you may be able to avoid a felony murder conviction. For example, if you decided not to participate in a planned robbery and left the scene before the crime was carried out, this could serve as a defense.

Lack of Causation
In some cases, the defense may argue that the defendant’s actions did not directly cause the death in question. If the death occurred due to unrelated events or the actions of someone outside the group of participants, the defense can argue that the felony murder rule should not apply. For example, if an innocent bystander was accidentally killed by law enforcement during a standoff, this may weaken the prosecution’s felony murder argument.

Challenging the Underlying Felony
Since felony murder charges are predicated on the commission of an underlying felony, challenging the validity of the felony itself can serve as an effective defense. If the defense can show that the underlying felony did not occur or that the defendant did not have the intent to commit the felony, the prosecution’s case may fall apart.

Why You Need an Experienced Homicide Defense Lawyer

Felony murder charges are among the most severe in Nevada’s legal system, and the potential penalties can be life-changing. Whether you are facing life in prison or the possibility of the death penalty, defending yourself against these charges requires the experience and expertise of a seasoned criminal defense attorney like Josh Tomsheck.

Josh Tomsheck’s unique background as a former Chief Deputy District Attorney allows him to understand how the prosecution builds its case. His insight into the legal strategies used by the state enables him to anticipate the prosecution’s arguments and develop a tailored defense strategy aimed at securing the best possible outcome for his clients.

Contact a Las Vegas Homicide Defense Lawyer Today

If you or a loved one is facing charges under Nevada’s felony murder rule, it’s essential to act quickly to protect your rights. The stakes are high, but with the help of an experienced defense attorney like Josh Tomsheck, you can explore your legal options and fight the charges against you.

Contact the law firm of Hofland & Tomsheck today to schedule a consultation. With his expertise in defending clients against homicide charges, including felony murder, Josh Tomsheck is ready to help you navigate the complexities of the legal system and build a strong defense.