Capital Murder – NRS 200.033

Capital Murder

Capital murder, as defined under Nevada Revised Statute (NRS) 200.033, represents one of the gravest criminal offenses in the state of Nevada. It involves the unlawful killing of another person accompanied by specific aggravating factors that elevate the crime to capital murder, making it eligible for the death penalty. The prosecution must establish the following elements beyond a reasonable doubt to secure a conviction:

1. Unlawful Killing: The defendant must have caused the death of another person.
2. Aggravating Factors: The killing must have occurred under circumstances that qualify as capital murder under Nevada law. These factors may include:
   • Murder of a Law Enforcement Officer: Killing a police officer or other public official.
   • Murder of a Witness: Killing someone to prevent their testimony in a legal proceeding.
   • Multiple Murders: Committing multiple murders or killing in conjunction with another serious crime such as kidnapping or robbery.
   • Other Specific Circumstances: Other aggravating factors as outlined by Nevada law.
3. Intent and Premeditation: Many capital murder cases involve a deliberate, premeditated plan to kill, though the specific aggravating factors and details of the crime will influence the charge.

Related Offenses

Capital murder is related to several other severe criminal offenses, including:

• First-Degree Murder – NRS 200.030
• Second-Degree Murder – NRS 200.040
• Felony Murder – NRS 200.030
• Manslaughter – NRS 200.050
• Kidnapping – NRS 200.310

Examples

To illustrate capital murder, consider the following scenarios:

• Example 1: John, seeking to evade arrest, kills a police officer who was responding to a call. Given the officer’s role as a public official and the premeditated nature of the act, John could be charged with capital murder.
• Example 2: Maria, involved in a criminal enterprise, murders multiple individuals during a robbery to silence potential witnesses. The combination of multiple murders and the underlying criminal activity could lead to a capital murder charge.

Defenses to Capital Murder

Defending against a capital murder charge involves complex legal strategies. Potential defenses include:

• Lack of Intent: Demonstrating that the defendant did not have the intent to kill or did not act with premeditation can challenge the charges. If the death resulted from an accident or was not part of a deliberate plan to kill, it might not qualify as capital murder.
• Insanity Defense: If the defendant suffered from a severe mental illness at the time of the crime, this may serve as a defense. Proving that the defendant could not understand the nature of their actions or distinguish right from wrong could impact the charges.
• Wrongful Conviction: Evidence proving that the defendant was not involved in the crime, such as alibis, mistaken identity, or DNA evidence, can challenge the prosecution’s case.
• Procedural Errors: Violations of the defendant’s constitutional rights during the investigation or trial, such as illegal searches or coerced confessions, could affect the outcome of the case.

Aggravating and Mitigating Circumstances

In capital murder cases, the penalty phase of the trial plays a crucial role in determining the sentence. The penalty phase follows the conviction and focuses on presenting additional evidence regarding aggravating and mitigating circumstances:

• Aggravating Circumstances: Factors that increase the severity of the crime, such as the nature of the crime, the defendant’s prior criminal record, or the impact on the victims’ families.
• Mitigating Circumstances: Factors that may reduce the defendant’s culpability or suggest a lesser sentence, such as mental illness, lack of prior criminal history, or evidence of remorse.

Penalty Phase

The penalty phase is a separate part of the trial where the jury considers whether the defendant should receive the death penalty or a lesser sentence. During this phase, both the prosecution and defense present evidence related to aggravating and mitigating circumstances. The jury then makes a recommendation on the appropriate sentence, which the judge may follow or modify.

Potential Penalty for Capital Murder

If convicted of capital murder, the defendant faces the possibility of:

• Death Penalty: Capital murder is the only offense in Nevada that can result in a death sentence.
• Life Imprisonment: Alternatively, the defendant may be sentenced to life in prison without the possibility of parole.
• Additional Consequences: Fines and restitution to the victims’ families may also be imposed.

Criminal Defense for Capital Murder

Defending against a capital murder charge requires the expertise of a highly skilled attorney. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Mr. Tomsheck has a proven track record in handling serious criminal cases. He has managed dozens of capital murder cases both as a Chief Deputy District Attorney in the Major Violators Unit and as a Nationally Board- Certified Criminal Trial Lawyer. Additionally, Mr. Tomsheck is Nevada Supreme Court Rule 250 qualified to serve as lead counsel on capital (death penalty) cases.

For those facing capital murder charges, Joshua Tomsheck and the team at Hofland & Tomsheck provide comprehensive legal representation and are committed to ensuring the most effective defense. Contact us to discuss your case, explore legal options, and prepare a robust defense strategy.

For more information about defending against capital murder charges in Las Vegas, call Hofland & Tomsheck at (702) 895-6760 to schedule a free consultation.