Arrested or Charged with Murder or Manslaughter in Nevada?

One Moment Can Change Everything. Now You Need a Defense That Fights Back.

If you’ve been arrested or charged with murder or manslaughter in Nevada, your entire life is on the line. These are some of the most serious criminal charges under Nevada law—carrying penalties that range from years to life in prison, and in some cases, the death penalty.

Whether you’re being accused of acting in a moment of passion or prosecutors are pushing for first-degree murder, you need immediate legal help. At Benjamin Durham Law Firm, we’re here to defend your rights, challenge the prosecution’s case, and help you build the strongest defense possible.

What is Considered Murder in Nevada?

Under NRS 200.010, murder is defined as the unlawful killing of a human being with:

• Malice aforethought (either express or implied),
• Or caused by the illegal distribution of a controlled substance,
• Or as a result of a violation of NRS 453.3325.

Murder doesn’t always involve premeditation. It may be a split-second act that’s later interpreted as intentional. That’s why it’s vital to understand how Nevada separates first-degree and second-degree murder.

First vs. Second-Degree Murder: What’s the Difference?

First-Degree Murder (NRS 200.030(1))

This is the most serious charge. First-degree murder includes:

• Willful, deliberate, and premeditated killings
• Murders committed during other felonies (robbery, arson, kidnapping, etc.)
• Murders involving torture, poison, or lying in wait
• Murders connected to acts of terrorism
• School-related mass casualty intent

Punishment for first-degree murder includes:

• Death penalty, if aggravating factors outweigh mitigating ones
• Life in prison without parole
• Life in prison with parole after 20 years
• 50-year sentence with parole eligibility after 20 years

Second-Degree Murder (NRS 200.030(2))

All other unlawful killings with malice aforethought fall under this category. It doesn’t require premeditation, but it shows a reckless disregard for human life.

Penalties include:

• Life with the possibility of parole after 10 years
• 25 years with parole eligibility after 10 years

Manslaughter Charges in Nevada: A Different Kind of Tragedy

Manslaughter differs from murder because it lacks malice.

Voluntary Manslaughter (NRS 200.050)

Occurs when someone kills in the heat of passion following a provocation that would cause a reasonable person to lose control.

Example: A person walks in on a spouse’s affair and reacts violently in that moment.

Punishment:

• Category B felony
• 1 to 10 years in prison
• Up to $10,000 fine

Involuntary Manslaughter (NRS 200.070)

Involves an unintentional killing during:

• A reckless or unlawful act
• A lawful act done in a negligent or dangerous way

Example: Mishandling a firearm or running an illegal business that results in a death.

Punishment:

• Category D felony
• Penalties as defined under NRS 193.130 (typically 1–4 years)

Can a Killing Be Justified Under Nevada Law?

Yes. Nevada recognizes justifiable homicide under several statutes:

Self-Defense (NRS 200.120)

You can use deadly force to defend yourself or others when:

• You face an imminent threat
• You were not the aggressor
• You had a right to be where the incident happened

Nevada’s Stand Your Ground law (NRS 200.130) means you are not required to retreat if these conditions are met.

Defense of Property and Others (NRS 200.160)

Lethal force may also be justified if:

• You’re defending your home or vehicle from a violent invasion
• You’re preventing a felony against yourself or a family member

If your case involves any of these circumstances, you may be acquitted entirely—but you must raise these defenses early and effectively.

What About Mitigating or Aggravating Circumstances?

When someone is convicted of first-degree murder, the penalties depend on the presence of either:

Aggravating Circumstances (NRS 200.033)

These factors make a crime more heinous, including:

• Prior murder or violent felony convictions
• Killing more than one person
• Murder for financial gain
• Murder of a child or public servant
• Killing to avoid arrest or prosecution
• Torture, mutilation, or random killings

Presence of one or more aggravating factors may make the defendant eligible for the death penalty.

Mitigating Circumstances (NRS 200.035)

These don’t excuse the crime but may reduce the severity of punishment:

• No prior criminal record
• Defendant was under extreme emotional distress
• Victim was a participant in the crime
• Youth of the defendant
• Mental health issues
• Minor role in the killing

Your legal team’s ability to highlight mitigating evidence can make the difference between life and death.

What to Do If You’re Accused of Murder or Manslaughter

Whether the killing was an accident, self-defense, or a false accusation, you must take immediate action. The prosecution will begin building their case the moment charges are filed.

Here’s What You Should Do:

• Do not speak to police without an attorney present.
• Do not try to explain or justify anything.
• Do not speak to anyone about your case except your lawyer.

Then call Benjamin Durham Law Firm.

We work swiftly to:

• Investigate the scene
• Secure favorable witness statements
• Review forensic evidence
• Challenge unlawful police actions
• Consult mental health or forensic experts
• Fight for bail, charge reductions, or case dismissal

When facing charges as serious as murder or manslaughter, you need more than just a defense—you need a strategy. At Benjamin Durham Law Firm, we have decades of combined experience defending clients in Nevada against the toughest criminal charges. Our reputation for trial readiness and relentless advocacy means prosecutors know we don’t back down.

We treat every client like their life depends on it—because it does.

Don’t Leave Your Future to Chance

Murder and manslaughter charges carry some of the harshest punishments allowed under Nevada law. The difference between life in prison, a decades-long sentence, or complete exoneration could come down to your choice of legal representation.

If you or a loved one is accused of murder or manslaughter in Nevada, call us immediately. At Benjamin Durham Law Firm, we’re here to protect your rights, your freedom, and your future.

Contact us today for a confidential consultation.