Attempt Murder is defined under Nevada Revised Statute (NRS) 200.010, 200.030, 193.330:
Definition of the Crime and Essential Elements
Attempt murder is an extremely serious criminal allegation and subjects the person accused to a lengthy sentence in Nevada State Prison if convicted. Attempt Murder, like every other attempt crime in Nevada is governed by NRS 193.330. The crime of Murder is detailed in NRS chapter 200.
For the State to prove someone guilty of Attempt Murder the State must show beyond a reasonable doubt the following essential elements:
1) the intent to commit the crime of Murder;
2) performance of some act towards its commission; and
3) failure to consummate its commission.
In other words, Attempt Murder is the performance of an act or acts which tend, but fail, to kill a human being, when such acts are done with express malice, namely, with the deliberate intention unlawfully to kill.
Attempt murder is a specific intent crime, meaning that there must be an act performed with the specific intent to kill another human being. The dividing line between the crime of Attempt Murder and a charge of Murder, is simply the failure to complete the intended act of killing the other person.
Other similar or related offenses include:
1.Murder – Nevada Revised Statute 200.010, 200.030
2.Attempt (punishments) – Nevada Revised Statute 193.330
3.Assault – Nevada Revised Statute 200.471
4. Battery – Nevada Revised Statute 200.481
Two business partners are fighting over the handling of a large account. After time the argument becomes heated. One partner keeps a loaded firearm in his desk at the office. After a rather volatile argument, one business partner leaves the business. The second partner who keeps a loaded gun in his drawer follows outside and fires a round at the first, narrowly missing him. In this example, neither individual was injured and neither physically touched each other. However, this factual scenario falls squarely in the definition of Attempt Murder under the Nevada Revised Statute. It is likely that the second businessman would be charged under NRS 200.010, 200.030, 193.330, 193.165 for Attempt Murder with the use of a Deadly Weapon. The clear fact that the first business man, the intended victim, was not struck with a bullet and sustained no injury is not relevant to the consideration of the prosecuting attorney. This is because the second businessman intended to kill the first, committed an act towards that intention and failed to kill the first. These are the essential elements of the crime of Attempt Murder and would cause a charge to be filed.
Defenses to Attempt Murder
As with every other type of crime charged in Nevada, the fact that a charge is filed does not mean the Defendant will be convicted. There could be many different defenses to this allegation which could lead the charges being reduced or raised as defenses at Trial. For instance, if the shooter could show that he had no specific intent to harm the alleged victim, by demonstrating that he didn’t shoot with the intent to hit or harm his business partner, he would not be liable for the extreme crime of Attempt Murder. Evidence that he fired a single round at the ground or into the sky would be demonstrative of a lack of the specific intent to kill.
Likewise, if the facts were slightly different, such as if the shot was fired after the first business man threatened the shooter with a knife immediately before the shooting, could lead to a defense that the s shooters actions were justified, in a self-defense situation.
These are just basic examples to illustrate a simple point. Each criminal allegation is different and almost every case has a defense. An experienced Las Vegas Criminal Defense attorney can review the facts and the law in each case to build the best defense possible.
Potential Penalty for Attempt Murder.
Attempt Murder in Nevada is a category “B” Felony under NRS 193.130. If the person charged is convicted, the punishment is 2-20 years in the Nevada Department of Corrections. If however, a deadly weapon is used, the crime is in furtherance of gang activity or was committed against an elderly or vulnerable person (amongst other enhancements), the potential punishment doubles. In that situation, the underlying Attempt Murder conviction carries 2-20 years and the enhancement (such as in the case of a Deadly Weapon for instance), carries an additional penalty of 1-20 years in Prison. Attempt Murder is a probation able offense, meaning the person convicted can receive a sentence of community supervision in lieu of a prison sentence.
Criminal Defense for Attempted Murder Cases
Attempt Murder is among the most severe criminal offenses on can face in Nevada. It is absolutely critical that the accused meets with an experienced Las Vegas Criminal Defense Attorney immediately in order to begin building the best defense possible. If you or someone you know has been arrested or charged with this offense a call to former Chief Deputy District Attorney Josh Tomsheck is one of the best decisions you can make. Las Vegas Criminal Lawyer Josh Tomsheck has a wealth of experience handling these charges and all other serious felonies.
For more information about the charge and defense of Attempt Murder in Las Vegas, call the law firm of Hofland & Tomsheck right away to schedule your free consultation. (702) 895-6760.