Can You Go to Jail for Killing a Person in Self Defense
There are states where taking a life in self-defense is heavily scrutinized, while others permit the use of deadly force to protect one’s rights and safety.
However, when is it acceptable to use deadly force, and when is it not, regardless of your location?
With crime on the rise everywhere including Nevada, there have been more and more self-defense cases that have made the news.
Self-defense using deadly force and stand your ground laws have been under intense debate by politicians and law enforcement for decades.
People seem to have very strong opinions as to what constitutes self-defense and stand your ground laws.
In some states, there are laws that actually protect the criminal more than the victims and if you live in those states you might think twice before taking lethal action against a criminal to protect yourself.
In other states like Nevada that have stand your ground laws, it is easier to prove self-defense against a criminal act against you.
When you do use deadly force against someone who has committed a crime against you or your family you still need to hire a lawyer. There will still be investigations and maybe even court proceedings regarding the self defense case against you.
You must prove a few things to law enforcement to get charges against you dropped based on a self defense case.
If you believe that yours is a case of self defense, call The Defenders today for a case review.
What Is the Legal Definition of Self Defense in Nevada?
Nevada allows the use of force in a self-defense situation when:
- The victim reasonably believes that he/she or another is facing urgent threat or bodily harm, and
- The victim uses no more force than necessary to deflect the threat.
As a stand your ground state, Nevada generally gives the victim the option of fighting back even if they can get away and avoid the issue.
For self-defense to be lawful, the actions taken must be deemed reasonable. This often becomes a critical point of contention in “stand your ground” cases, where the definition of what constitutes reasonable self-defense is scrutinized.
Nevada courts use the facts and details in order to decide whether the defendant acted reasonably.
Can I Kill in Self Defense in Nevada?
You can use lethal force but only under a very narrow set of circumstances.
Justifiable homicide NRS 200.120 in Nevada only occurs when all the following criteria are met:
- The danger was urgent and pressing
- The victim faced death or major bodily harm
- A reasonable person in the victims position would also fear for his or her life and safety, and
- The victim was not acting in revenge
A person may kill self-defense in Nevada if the person is facing immediate threats of being killed or seriously injured.
A fear of being hurt is not a justifiable reason for killing another.
Do I Have a Duty to Retreat Before Using Deadly Force in Nevada?
There are three conditions where a person does not have to make an attempt to retreat before using deadly force:
- The person did not start the altercation, and
- The person has the right to be at the place where deadly force is used, and
- No other laws are being broken at the time of the deadly force.
Can I Use Deadly Force Against an Intruder in Nevada
Under the Nevada Castle Doctrine, you have the right to defend your property.
It is justifiable to kill an intruder of an occupied home or vehicle if the intruder is attempting to commit a felony such as home invasion.
The castle doctrine only applies to dwellings that are occupied and not homes or vehicles that are empty.
So you can’t kill someone you see breaking into your car from across the street.
Can I Defend Another in Nevada?
Yes, you have the right to defend another person even if you don’t know them.
There is no distinction between acting in defense of oneself and acting in defense of another.
As long as the same conditions are met as self-defense for yourself then the same rules apply for defense of another.
Imperfect Self Defense
Individuals may genuinely, yet unreasonably, believe they are acting in self-defense; this scenario is referred to as imperfect self-defense.
Courts do not recognize imperfect self-defense as a valid defense in criminal cases.
Even if a person believes they were in danger, they may not have been in imminent harm and therefore no self-defense has taken place.
So a person that believes they acted in self-defense may face criminal charges.
Proving Self Defense
Self-defense in an affirmative defense in Nevada.
You are never denying the charges of fighting back; instead your lawyer is making a case that your actions were justified due to the circumstances.
In criminal cases, the prosecution must prove guilt beyond a reasonable doubt. However, in self-defense cases, the defendant carries the initial burden of demonstrating that their actions were taken in lawful self-defense. Subsequently, the prosecution must then establish, beyond a reasonable doubt, that the defendant’s actions were unjustified.
Like other criminal cases, self defense cases rely on evidence that includes:
- Eyewitness statements
- Medical testimony, and
- Video surveillance
Self-defense of domestic violence may not have a lot of physical evidence and usually it’s your word against your accuser’s.
Battered Person’s Syndrome may be a defense that allows a victim of repeated domestic violence to kill their abuser even if there is no immediate threat. People who suffer from Battered Person’s Syndrome often wait until their abuser is asleep to kill them but won’t fight back or try to defend themselves when they actually are in danger out of fear and vulnerability.
Battered Person’s syndrome is not a complete defense to homicide but it does give evidence to a victims state of mind.
Can I Go to Jail for Self-Defense?
This is a very gray area, and that’s why you need to hire a defense team.
Self-defense isn’t a given as a defense and if not handled properly could land you in prison for homicide charges.
If your self defense case is not proven then you may be charged with the original crime like homicide or assault.
Most criminal cases never see the inside of a courtroom.
Defense attorneys and prosecutors try to work out a deal or plea agreement to avoid a costly trial.
If your defense attorney can show the prosecutor that the defendant’s self-defense claim is possible, the prosecution may drop the charges.
You may not think that you have even committed a crime but you still need an experienced attorney to help even if you claim self defense.
If you have been charged with a crime in Las Vegas or Reno and believe that you acted in self-defense, call The Defenders today for a case review.
The Defenders represent clients in everything from DUI charges to charges of murder or self-defense homicide. Our attorneys have the knowledge and experience to defend your rights and freedom. Don’t wait to get help, contact us today for a free consultation.
