Malice in Nevada Law: What You Need to Know

Malice is defined as “the intention or desire to do evil or ill will.”

Malice is intentional in all forms, meaning you are well aware of what you’re doing to another. In legal terms malice indicates the intention without excuse, to commit an act that is unlawful.

Another legal term that is commonly used is “malice aforethought.” It is the premeditation or predetermination required as an element of some crimes. For example, in first-degree or aggravated murder, one of the elements that must be proven in a court of law is that the crime was predetermined with malice.

If malice can’t be proven in a first-degree murder case then the defendant can’t be charged with first-degree murder and can be charged with the lesser crime of murder.

This can mean the difference between getting out of prison and not. Since malice is a state of mind it is often difficult to prove. A good defense attorney can use this to their advantage and possibly get your charges reduced or dismissed based on the evidence.

Malice as It Pertains to Nevada Law

The difference between consequences for a malicious crime and a non-malicious crime are very different and it can be a dramatic swing. So you should have a clear understanding of what malice or malicious intent is under Nevada law.

Under Nevada law Title 15 of the Nevada criminal code malice is defined as “your goal is to annoy, injure, or vex another person”.

It is also considered malice based on your actions if you “act with willful disregard to the rights of another person.”

Malice Express or Implied Defined

Malice can be either expressed or implied and the definition of each carries a very different set of circumstances.

• Express malice– a deliberate intention to do something unlawful.
• Implied malice-Occurs when a person shows a “ depraved heart” by committing a crime without provocation.

Malicious Prosecution

Malicious prosecution is illegal under NRS 199.310 which states it is illegal to maliciously and without probable cause, causes, or attempts to cause an innocent person to be arrested or proceeded against for a crime that they didn’t commit.

A common example of malicious prosecution is domestic violence charges that occur during a tenuous divorce or custody issues. It is common for one of the partners that is breaking up to call the police and say that the other partner hit or violated them in some way. This however is not true but the person is arrested anyway.

This is considered malicious prosecution and is a crime. The person who reported the crime can be arrested for malicious prosecution and sent to jail and fined. The penalties for malicious prosecution depend on the crime that the victim is charged with for example:

• If the victim is charged with a felony then the defendant can receive up to 1-4 years in Nevada state prison and up to $5000 in fines
• If the victim is charged with a lesser crime like a misdemeanor then the defendant can get up to 6 months in jail and up to a $1000 fine.

As a side note, the person who was wrongly accused of the crime can sue the accuser in civil court for compensatory and punitive damages.

Defenses Against Malice or Malicious Prosecution

Since malice is a state of mind and hard to prove in most cases, the specific facts of the incident play a very important role in whether or not malice has occurred. There are a few strategies that your defense attorney may use to defend these types of cases.

1. Absence of malice – It means that you had no intent. If your defense team can show that your intentions were good or in the best interest of the person or public or that there was at least no malice, then the charges should be dropped or dismissed.
2. Presence of probable cause -In the case of malicious prosecution, it is perfectly legal to report someone to the police that you believe is actually committing a crime. The term here that applies is reasonably believed, meaning if your defense attorney can prove that you reasonably believed that the other person was committing a crime then you should not be charged with malicious prosecution.
3. Lack of evidence -In all criminal cases, it is the prosecution’s responsibility to prove guilt beyond a reasonable doubt. If a defense attorney can prove to just one juror some form of doubt about the evidence by proving the evidence is insufficient, unreliable, or erroneous then the charges should be dropped for lack of evidence.
4. The person committed the offense -If you are charged with malicious prosecution, but the person was charged with a crime then your charges should be dropped. This could be a lengthy process since you’ll need to see how the other person’s charges play out in court.

A good defense team can use multiple defense strategies to place doubt in the minds of jurors and in some cases get your case for malice or malicious prosecution dismissed or reduced to a minor offense. If it comes down to it your defense team will go to trial to obtain a not-guilty verdict.

Malicious Mischief Law and Penalties in Las Vegas

Malicious Mischief is a group of crimes defined in Nevada that includes vandalism, destruction of personal property, hurting animals, and ruining signs, or other papers. One of the most frequently seen crimes in and around Las Vegas of malicious mischief is tagging or graffiti.

Malicious mischief can be charged as a misdemeanor up to a felony depending on the specific offense and the amount of damage.

The sentence is loosely based on the amount of damage done to the property and/ or how many times the defendant has been charged with the crime previously. For example, if the damage is between $250 but less than $5000 dollars, then it is considered a gross misdemeanor and the penalties are up to 364 days in jail and up to a $2000 fine.

Additional fines and community service depending on the person’s history, restitution, and a driver’s license suspension from 6 months to 2 years.

The charges become a felony if the damage took place on federal property or was a landmark. If you have prior convictions for malicious mischief, then the fines and jail time increase with every further conviction.

What to Do if You Are Arrested for Any Malicious Crime

As you can see malice has many forms from malicious mischief to malice murder. So the charges and penalties can be very different depending on the charges. If you have been arrested or a loved one has been placed in jail, call The Defenders immediately.

You may think you’re doing the right thing by speaking with the police but they can and will use any given statements against you. You’ll also need an attorney to represent you at a bail hearing to get you released on bail after an arrest.

Having an attorney at a bail hearing can get your bail reduced or even get you released on your own requiring you not to pay bail. Make sure not to sign anything from the police or prosecutors’ office before seeking an attorney’s advice.

The Defenders will investigate the charges against you using our in-house investigative team, call today if you’ve been charged in any crime.

Why Call The Defenders

While our offices are located in Las Vegas and Reno we have represented clients all over the state. We will give you a free consultation, and at that time we will give you an honest and truthful case review and will tell you what to expect from your case going forward.

We have been representing clients for years and have a proven track record of getting cases dismissed or charges reduced. In some cases, we will negotiate a plea deal for our clients if we believe that it is beneficial to our clients. We have represented clients that have been charged with everything from white-collar financial crimes to murder.

Our firm employs a variety of attorneys with many specialties to assist our clients. We wouldn’t recommend anyone attempting to navigate the court system without an experienced legal team on their side.

If you have been charged with any crime including one involving malice you should speak with an experienced, respected legal team as soon as possible. Not calling an attorney could be the difference between being convicted of a crime or having the charges dismissed.

Frequently Asked Questions