In Nevada, first-degree murder is considered the most serious of criminal charges. A conviction for this offense can result in life imprisonment or the death penalty, depending on the circumstances. If you or a loved one is facing first-degree murder charges, it is critical to have an experienced defense attorney who understands Nevada's complex laws and can craft a defense tailored to your case.

 

Josh Tomsheck, a nationally board-certified criminal trial attorney and former Chief Deputy District Attorney, has the experience, skills, and dedication needed to defend against first-degree murder charges. With a deep understanding of Nevada law and years of courtroom success, Josh has established himself as a leading Las Vegas attorney in defending homicide cases.

 

 

 

Under Nevada Revised Statutes (NRS) 200.030, first-degree murder is defined as a willful, deliberate, and premeditated killing. It can also include a killing that occurs during the commission of certain felonies, such as robbery, kidnapping, or sexual assault—commonly known as “felony murder.” The key element that distinguishes first-degree murder from other homicide charges is the presence of premeditation or intent to kill.

 

Premeditation refers to the time and intent required for the accused to plan or deliberate the act of killing. This does not necessarily mean days or weeks of planning; under Nevada law, premeditation can be formed in a matter of seconds. Additionally, the felony murder rule allows for a first-degree murder charge even if the killing was unintentional, as long as it occurred during the commission of a serious felony.

 

 

The penalties for first-degree murder in Nevada are severe. A conviction could lead to one of the following sentences:

 

 

The specific sentence imposed depends on the facts of the case, the presence of aggravating or mitigating factors, and whether the prosecution seeks the death penalty. Nevada Supreme Court Rule 250 requires that only attorneys certified to handle death penalty cases may represent defendants in these cases—Josh Tomsheck holds this certification, making him fully qualified to defend you in even the most serious of situations.

 

 

Josh Tomsheck approaches each murder case with a detailed and personalized strategy, focusing on uncovering weaknesses in the prosecution's case and building a strong defense. Several potential defenses may be applicable in first-degree murder cases, including:

 

• Challenging Intent and Premeditation: One of the prosecution's main tasks is to prove that the killing was premeditated and intentional. Josh will thoroughly examine the evidence, including witness statements, forensic reports, and other relevant details, to challenge the assertion of premeditation.

• Self-Defense: In some cases, the killing may have occurred in self-defense or the defense of others. Nevada law allows for the use of deadly force if a person reasonably believes their life or the life of another is in imminent danger. Josh is highly skilled in demonstrating that his clients acted lawfully in protecting themselves or others.

• Mental Illness or Incapacity: If the accused was suffering from a mental illness or did not have the mental capacity to understand the nature of their actions, this could serve as a defense to first-degree murder. Josh will work with expert witnesses and medical professionals to build a defense based on the accused's mental state.

• Lack of Evidence: Prosecutors must prove guilt beyond a reasonable doubt. If there is insufficient evidence linking the accused to the crime or if the evidence is unreliable, Josh will aggressively challenge the prosecution's case to seek dismissal or acquittal.

 

 

 

 

Josh Tomsheck's experience in handling first-degree murder cases, both as a prosecutor and as a defense attorney, uniquely positions him to provide a powerful defense for his clients. As a former Chief Deputy District Attorney, Josh understands how the state builds murder cases and what tactics prosecutors use in seeking a conviction. This insider knowledge is critical in crafting a defense that anticipates and counters the state's strategy.

 

Josh's extensive trial experience includes defending clients in complex, high-profile murder cases. Whether negotiating with prosecutors for a reduction or dismissal of charges, or presenting a compelling defense to a jury, Josh is committed to protecting his clients' rights and freedom. His courtroom success, combined with his compassionate approach to client service, makes him one of the most sought-after homicide defense lawyers in Las Vegas.

 

 

Navigating Nevada's homicide laws requires in-depth legal knowledge and strategic thinking. Josh Tomsheck is an expert in these laws and knows how to leverage them to benefit his clients. Whether it's scrutinizing the investigation for any constitutional violations or challenging the state's interpretation of premeditation and intent, Josh leaves no stone unturned in defending his clients against first-degree murder charges.

 

If you or a loved one is facing first-degree murder charges, time is of the essence. The earlier you involve an experienced defense lawyer, the better your chances of building a successful defense.

 

 

Josh Tomsheck has successfully defended clients against some of the most serious charges in Nevada, including first-degree murder. His dedication to justice and commitment to achieving the best possible outcome for his clients make him the best choice when facing life-changing charges.

 

To learn more about how Josh can help you, call 702-895-6760 today for a confidential consultation. Trust your future with an experienced attorney who has a proven track record of success in first-degree murder defense.