Murder

In Nevada, and in virtually every other jurisdiction throughout the United States, there are no crimes more serious than a charge of Murder (or homicide). Once a person has been charged with Murder, their whole life changes . . . because their whole life is at stake. While Nevada is one of approximately three dozen states which still have the death penalty on the books, there are numerous other serious sentences at the Court’s disposal in a homicide case, including life in prison.

At the Law Firm of Hofland & Tomsheck, attorney Josh Tomsheck understands what going through a Murder case entails. Having prosecuted (as a former Chief Deputy District Attorney assigned to the Major Violators Unit) and defended (as a Nationally Board Certified Criminal Defense Attorney in private practice - - we arenot public defenders) countless charges of homicide and murder, attorney Tomsheck knows both the system and the secrets of a murder prosecution. We understand just how serious a murder charge can be and do everything in our power to defend against them. Make no mistake about this fact, having an experienced, knowledgeable and skilled Nevada criminal defense lawyer on your side of the case may mean the difference between being convicted and serving life in prison and being found not guilty and going back to your friends and family.

Open Murder:

In Nevada, a person accused of a homicide will generally be charged by the prosecutor with “open murder” - - meaning that they are charged with a general allegation of Murder, which includes each of the following types of homicide: First Degree Murder, Second Degree Murder, Voluntary Manslaughter and Involuntary Manslaughter. These types of homicide are defined generally as follows:

  • 1st Degree Murder - the unlawful killing of a human being with malice aforethought. First Degree Murder must contain the elements of willfulness, premeditation and deliberation or be perpetrated by means of poison, lying in wait or torture, committed during the perpetration of certain felonies (arson, burglary, home invasion, kidnapping, sexual assault/abuse, robbery, abuse of an older person or vulnerable person), committed to prevent arrest or imprisonment or to facilitate escape from custody, committed on school grounds or intended to risk of death or harm to others;
  • 2nd Degree Murder –is literally all other kinds of murder which are not first degree
  • Voluntary Manslaughter – is defined as the unlawful killing of another human being - - and can occur without malice or deliberation - - usually voluntary manslaughter occurs during the “sudden heat of passion” and/or a “provocation which made the passion irresistible
  • Involuntary Manslaughter – The unintentional killing of a human being under certain circumstances.

In cases where a criminal defendant is charged with open murder, it is up to the judge or jury to decide which level of offense occurred. Having the defense of a knowledgeable and experienced murder defense lawyer can make all the difference in your case. The difference between sentences for a manslaughter conviction, which can carry a sentence of probation in Nevada and a First Degree Murder conviction, which can carry life in prison, or even a death sentence, is remarkable. Having someone like Josh Tomsheck, Esq., on your side can make all the difference in the world. We are available and ready to assist you or your loved ones with the defense of their murder charges and/or allegations right away. Contact us to discuss your unique situation today.