Attempted Murder – NRS 200.030

Overview of Attempted Murder

In Nevada, attempted murder is a serious criminal offense defined under NRS 200.030. It involves an individual who, with the intent to kill another person, takes substantial steps toward committing murder but fails to complete the act. This offense is treated with the utmost severity and carries significant legal consequences.

Statutory Definition

NRS 200.030 – Attempted Murder: This statute defines attempted murder as an act done with the specific intent to kill another person, where the perpetrator takes significant actions toward achieving this goal but does not succeed in causing the victim’s death.

Key Elements of the Offense

To secure a conviction for attempted murder under NRS 200.030, the prosecution must prove the following elements beyond a reasonable doubt:

1. Intent to Kill: The accused must have had a specific intent to cause the death of the victim. It is not enough to show a general intent to commit a violent act; the intention to kill must be clear and unequivocal.
2. Substantial Step: The accused must have taken substantial steps toward committing the murder. This means they must have engaged in conduct that goes beyond mere preparation and demonstrates a clear intent to complete the crime.
3. Failure to Cause Death: The accused’s actions must have fallen short of causing the victim’s death. The crime does not require the actual killing to occur, only that the attempt was made.

Related Offenses

Attempted murder often intersects with other serious charges. Here are some related offenses:

1. Murder – NRS 200.010: The completed act of unlawfully killing another person with premeditation or intent.
2. Assault with a Deadly Weapon – NRS 200.471: Involves attacking someone with a weapon with the intent to cause serious bodily harm, which can be related to an attempted murder charge.
3. Battery with Use of a Deadly Weapon – NRS 200.481: Involves using a weapon to inflict bodily harm, potentially related to attempted murder if the intent to kill is evident.
4. Conspiracy to Commit Murder – NRS 199.480: Involves planning with others to commit murder, whether or not the murder attempt is completed.
5. Attempted Voluntary Manslaughter – NRS 200.050: A charge for an act done with intent to kill but under circumstances that would reduce the offense from murder to manslaughter.

Examples

• Example 1: John, angry with his coworker, plans to kill him and buys a gun for this purpose. He follows his coworker home and waits outside his house, but is apprehended by the police before he can act. John can be charged with attempted murder under NRS 200.030.
• Example 2: Sarah poisons her ex-partner’s food with the intent to kill him. Although he becomes severely ill, he survives after medical treatment. Sarah can face charges of attempted murder because she took concrete steps toward committing the crime.
• Example 3: Mike attempts to shoot his neighbor during an argument but misses. Mike is charged with attempted murder because he intended to kill and took significant action towards achieving that goal.

Defenses to Attempted Murder

Several defenses may be available against charges of attempted murder:

• Lack of Intent: The prosecution must prove that the accused intended to kill. If the defense can demonstrate that the accused did not have the intent to kill, this can be a strong defense.
• No Substantial Step: If the defense can show that the accused did not take substantial steps toward completing the murder, it may be possible to argue that an attempt was not made.
• Mistaken Identity: If the accused was wrongly identified as the perpetrator or was not involved in the crime, this can be a valid defense.
• Insanity or Mental Illness: If the accused was suffering from a mental illness that impaired their ability to form intent, this may be used as a defense.

Potential Penalty for Attempted Murder

The penalties for attempted murder in Nevada are severe:

• Category B Felony: Attempted murder is classified as a Category B felony. If convicted, the defendant faces a prison sentence of 2 to 20 years, depending on the specific circumstances of the case.
• Aggravating Factors: The sentence can be influenced by factors such as the use of a deadly weapon, the degree of premeditation, or the severity of the victim’s injuries.
• Parole Eligibility: Defendants convicted of attempted murder may be eligible for parole after serving a minimum period of their sentence, but this is subject to the conditions set by the Nevada Board of Parole.

Criminal Defense for Attempted Murder

Attempted murder is a grave charge that requires an experienced legal defense. Josh Tomsheck, a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada, brings extensive experience to such high-stakes cases. His recognition as a Life member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer demonstrates his capability in handling serious criminal charges. With a proven record of hundreds of complete dismissals and acquittals, Josh Tomsheck and the Hofland & Tomsheck team are dedicated to defending your rights and achieving the best possible outcome. Call us today to schedule your free consultation and discuss your defense strategy.

For more information about defending against attempted murder charges in Las Vegas, contact the law firm of Hofland & Tomsheck at (702) 895-6760 to schedule your free consultation. Our dedicated team is ready to support you throughout the legal process and fight for your rights.