Las Vegas Homicide Defense Lawyer
Serious Defense for the Most Serious Charges
When your freedom—and your future—are on the line, there is no substitute for experience, trial skill, and proven results. Being accused of homicide or murder in Nevada is one of the most serious legal situations a person can face. The stakes are high: a lifetime in prison, life without parole, or even the death penalty. But being accused does not mean you are guilty—and having the right lawyer can mean the difference between life and death.
At Hofland & Tomsheck, attorney Josh Tomsheck is recognized as one of Nevada's premier criminal trial lawyers, nationally Board Certified in Criminal Trial Law, and Registered with the State Bar of Nevada as a Certified Criminal Law Specialist. He has served as lead counsel in capital murder cases, handled high-profile homicide trials across the state, and achieved full dismissals, not guilty verdicts, and reduced charges in countless life-altering cases.
If you or a loved one is being investigated for or has been charged with murder, call us now at (702) 895-6760. We are ready to protect your rights from day one.
Nevada Homicide Charges: An Overview
Nevada law recognizes multiple forms of criminal homicide. Each charge carries distinct penalties—and defenses.
First-Degree Murder (NRS 200.030)
Defined as an unlawful killing that is willful, deliberate, and premeditated, or committed during certain felonies (felony murder rule), first-degree murder is punishable by:
- Life with the possibility of parole after 20 years
- Life without the possibility of parole
- A definite term of 50 years with parole eligibility after 20 years
- Death penalty, if aggravating factors apply
Second-Degree Murder
This is an unlawful killing without premeditation, but still involving extreme recklessness or an abandoned and malignant heart. Punishable by:
- Life with parole eligibility after 10 years
- A definite term of 25 years with parole eligibility after 10 years
Voluntary Manslaughter (NRS 200.050)
A killing in the “heat of passion” or in a sudden quarrel, without prior intent. Penalties can include:
- 1 to 10 years in Nevada State Prison
- Fines up to $10,000
Involuntary Manslaughter (NRS 200.070)
A killing resulting from negligence or recklessness, not intended or premeditated. Often tied to unintentional deaths during misdemeanor acts.
- Category D felony
- 1 to 4 years in prison
- Fines up to $5,000
Vehicular Homicide (NRS 484C.130)
Applies to those with three or more DUI convictions who cause a fatal accident while driving under the influence. Carries:
- 25 years to life in prison
- Parole eligibility after 10 years
Common Defenses in Homicide and Murder Cases
At Hofland & Tomsheck, we begin preparing your defense the moment you retain our firm. Every case is different—but here are some proven strategies we may use depending on the facts:
1. Self-Defense or Defense of Others
Nevada law (NRS 200.120) permits the use of deadly force when a person reasonably believes they or another is in imminent danger of being killed or seriously harmed.
2. Justifiable Homicide
In certain circumstances—such as defending your home from an intruder—Nevada law (NRS 200.120 and 200.160) allows for justifiable homicide, meaning no crime was committed at all.
3. Accident or Lack of Intent
If the death was the result of a tragic accident, not a criminal act, we fight to show there was no criminal intent—possibly reducing or eliminating liability.
4. Mental Health and Diminished Capacity
If you were legally insane at the time of the offense or lacked the capacity to form intent due to a mental disorder, your charges may be reduced—or result in a not guilty by reason of insanity (NGRI) verdict.
5. Challenging the Evidence
Josh Tomsheck is a former Chief Deputy District Attorney—he knows how police build homicide cases. He understands how to dismantle faulty:
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- Ballistics or DNA evidence
- Eyewitness misidentification
- Coerced or false confessions
- Flawed autopsy reports
What to Expect in a Nevada Homicide Case
Facing a murder charge can be overwhelming. Here's a general roadmap of what to expect:
Investigation Phase
You may be contacted by detectives, or your home may be searched. DO NOT speak with law enforcement without a lawyer. Josh has helped clients avoid charges entirely by intervening early during the investigative stage.
Arrest and Bail
In homicide cases, bail is often denied, but we will file motions for a bail hearing or conditions of release if possible.
Preliminary Hearing or Grand Jury Indictment
In Justice Court, you may face a preliminary hearing where the prosecution must present evidence. In high-profile cases, they may seek a secret grand jury indictment instead. Josh Tomsheck is skilled at identifying weak cases at this early stage.
Trial
If the case proceeds, trial preparation is critical. Capital murder trials involve death-qualified juries, multiple phases (guilt and penalty), and complex jury selection. Josh is SCR 250 certified and qualified to serve as lead counsel in capital cases—an honor held by very few Nevada lawyers.
Why You Need an Experienced Las Vegas Homicide Lawyer
Not every criminal defense attorney is qualified—or equipped—to defend murder charges. At Hofland & Tomsheck, we bring the following to your defense:
- Over 20 years of trial experience
- National Board Certification in Criminal Trial Law
- Former Chief Deputy District Attorney, with insider knowledge of how prosecutors build homicide cases
- Lead counsel in more than 200 jury trials, including capital murder and high-profile homicides
- Certified as a Specialist in Criminal Trial Law by the State Bar of Nevada
- Life Member of the National Association of Criminal Defense Lawyers
Josh Tomsheck and the firm of Hofland & Tomsheck have handled cases from investigation to verdict to appeal, including successful arguments before the Nevada Supreme Court and Ninth Circuit Court of Appeals. His reputation with judges, prosecutors, and fellow defense attorneys is built on professionalism, results, and tenacity.
Serving All of Nevada – Statewide and Federal Homicide Cases
While our office is located in downtown Las Vegas, Josh Tomsheck routinely handles homicide and murder cases across every jurisdiction in Nevada, including:
- Clark County (Las Vegas, North Las Vegas, Henderson, Boulder City)
- Washoe County (Reno, Sparks)
- Elko, Nye, Douglas, Carson City, Churchill, Lincoln, and White Pine Counties
- Federal murder and death cases in the U.S. District Court for the District of Nevada
Wherever your case is filed, we are prepared to travel, investigate, and fight.
Recent Case Successes
Josh Tomsheck has a long record of successful homicide defense, including:
- Complete dismissal of murder charges before trial based on self-defense
- Denial of charges by the District Attorney after Attorney Tomsheck's pre-charge investigation and presentation
- Reduction of first-degree murder charges to voluntary manslaughter with no prison time
- Not guilty verdicts in jury trials for attempted murder and murder
- Prevention of the death penalty through aggressive pretrial litigation and negotiation
These are real results for real people—and we are ready to fight for you.
Contact Josh Tomsheck Today for a Free Homicide Defense Consultation
If you or someone you love is under investigation or has been arrested for murder, manslaughter, or any homicide charge in Nevada, the most important step you can take is hiring the right lawyer—immediately.
Your life, your freedom, and your future are too important to risk.
Call (702) 895-6760 to speak with Josh Tomsheck of Hofland & Tomsheck, or visit us at:
Hofland & Tomsheck
228 South 4th Street, First Floor
Las Vegas, NV 89101
Available 24/7 for Emergencies
