Attempted Murder By Poisoning – NRS 200.390

Attempted Murder By Poisoning

Under Nevada Revised Statute (NRS) 200.390, Attempted Murder by Poisoning is a serious offense that involves using poison or a harmful substance with the intent to kill another person. This statute specifically addresses situations where an individual attempts to commit murder by introducing poison into a victim’s body.

To secure a conviction for Attempted Murder by Poisoning, the prosecution must prove the following elements beyond a reasonable doubt:

1. The Defendant Intentionally Administered Poison: The accused must have intentionally introduced or attempted to introduce poison into the victim’s body. This includes any form of poison, such as chemicals, toxins, or other harmful substances.
2. Intent to Kill: The prosecution must demonstrate that the defendant had the specific intent to kill the victim. This intent can be inferred from the circumstances surrounding the administration of the poison.
3. Proof of Attempt: It must be shown that the defendant took substantial steps toward carrying out the murder, even if the poison did not ultimately cause harm.

Related Offenses

Attempted Murder by Poisoning is closely related to several other criminal offenses, including:

1. Murder – NRS 200.010
2. Poisoning with Intent to Cause Harm – NRS 200.340
3. Assault with a Deadly Weapon – NRS 200.471
4. Battery with Use of a Deadly Weapon – NRS 200.481
5. Conspiracy to Commit Murder – NRS 199.480

Examples

Consider the following examples to understand how Attempted Murder by Poisoning might occur:

• Example 1: Jane is upset with her business partner, Alex, and decides to poison his coffee with a toxic substance. Jane intends to kill Alex and takes steps to administer the poison. If Alex becomes ill but survives, Jane could still be charged with Attempted Murder by Poisoning due to her intent and actions.
• Example 2: Mark, seeking revenge on a former friend, laces a bottle of soda with a harmful chemical. The friend, unaware of the poison, drinks the soda but does not suffer serious harm. Mark’s actions could lead to charges of Attempted Murder by Poisoning.

Defenses to Attempted Murder By Poisoning

Defending against an Attempted Murder by Poisoning charge requires a strategic approach. Common defenses include:

1. Lack of Intent: Demonstrating that the defendant did not have the specific intent to kill the victim can be crucial. If the prosecution cannot prove intent, the charges may not hold.
2. Mistake of Fact: If the defendant mistakenly believed that the substance was harmless, this might negate the intent to cause harm.
3. Insufficient Evidence: Arguing that the prosecution lacks sufficient evidence to prove that the poison was administered with intent to kill or that the defendant took substantial steps toward committing the murder.

Potential Penalty for Attempted Murder By Poisoning

Attempted Murder by Poisoning is classified as a Category A Felony in Nevada. If convicted, the defendant faces severe penalties, which may include:

• Life Imprisonment: Up to 20 years to life in prison.
• Fines: Significant financial penalties, which can be substantial.

The specific sentencing will depend on the circumstances of the case, including whether the poison caused significant harm or if the defendant had prior criminal history.

Criminal Defense for Attempted Murder By Poisoning

Navigating a charge of Attempted Murder by Poisoning requires an experienced criminal defense attorney. Joshua Tomsheck is a distinguished criminal defense lawyer with a proven track record of handling complex cases. As a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada, he brings extensive experience and expertise to the table.

Mr. Tomsheck is a Life Member of the National Association of Criminal Defense Lawyers and has been recognized as a Mountain State’s Super Lawyer. He has achieved hundreds of complete dismissals and acquittals at trial throughout his career. His extensive knowledge and strategic approach are invaluable in defending against serious charges such as Attempted Murder by Poisoning.

For more information about defending against Attempted Murder by Poisoning charges in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today.