Legal Resources for Homicide and Murder Defense
When facing homicide or murder charges, understanding the legal landscape and your rights is critical. The severity of these charges can make navigating the criminal justice system overwhelming for both defendants and their families. That's why Josh Tomsheck and the team at Hofland & Tomsheck are committed to providing comprehensive legal resources to help you understand the process and make informed decisions.
Whether you are seeking information on Nevada or federal homicide laws, need guidance on what to expect during a murder trial, or want to understand your legal options, this resource guide will provide you with the key information you need to start building your defense.
Nevada Homicide and Murder Statutes
Homicide and murder charges in Nevada are governed by a range of state statutes, each of which outlines specific elements that must be proven for a conviction. Understanding these statutes can help you better comprehend the charges you or a loved one may be facing.
NRS 200.010 – Definition of Murder
Under Nevada Revised Statute (NRS) 200.010, murder is defined as the unlawful killing of a human being with malice aforethought, either express or implied. This includes first-degree murder (premeditated killings) and second-degree murder (killings that occur without premeditation but with malicious intent).
NRS 200.030 – Degrees of Murder
This statute explains the difference between first-degree and second-degree murder in Nevada. First-degree murder involves willful, deliberate, and premeditated killings or killings that occur during the commission of certain felonies (known as felony murder). Second-degree murder involves intentional killings that are not premeditated.
NRS 200.033 – Aggravating Circumstances for Capital Punishment
For cases where the death penalty is sought, NRS 200.033 outlines the specific aggravating circumstances that can elevate a murder charge to capital murder. These include factors such as killing a police officer, multiple victims, or the use of torture. Aggravating circumstances are critical in determining whether a defendant may face the death penalty if convicted.
NRS 200.035 – Mitigating Circumstances
In capital cases, mitigating circumstances can be presented to argue against the imposition of the death penalty. NRS 200.035 lists factors such as the defendant's mental health, lack of a prior criminal record, and involvement in the crime as mitigating factors that may lead to a lesser sentence.
Nevada Statutory Links for Further Reading
For a deeper understanding of Nevada's laws regarding homicide and murder, refer to the following statutory links:
- - [NRS 200.010 - Definition of Murder
- - [NRS 200.030 - Degrees of Murder
- - [NRS 200.033 - Aggravating Circumstances
- - [NRS 200.035 - Mitigating Circumstances
Federal Homicide Statutes
In some cases, homicide charges may be prosecuted at the federal level, particularly when the crime involves federal property, interstate criminal activity, or federal officers. Understanding federal murder statutes is essential if your case has been elevated to federal court.
18 U.S.C. § 1111 – Federal Murder Statute
This statute governs murder under federal law and defines first-degree and second-degree murder in a manner similar to Nevada law. However, the jurisdiction for this statute includes murders committed on federal land or during the commission of certain federal crimes.
18 U.S.C. § 1114 – Protection of Federal Officers and Employees
Under 18 U.S.C. § 1114, the murder of a federal officer or employee while they are engaged in their official duties is a federal crime and can result in either life imprisonment or the death penalty.
18 U.S.C. § 924 – Murder During a Drug Trafficking Crime
This federal statute applies to homicides committed in relation to drug trafficking or violent crimes involving firearms. Federal prosecutors often pursue enhanced penalties in such cases, including mandatory minimum sentences and life without parole.
The Homicide Trial Process in Nevada
Understanding what to expect during a homicide trial is crucial for both the defendant and their loved ones. Here is an overview of the trial process for homicide cases in Nevada:
1. Arrest and Initial Hearing
If you are arrested for homicide in Nevada, you will have an initial hearing where the court will determine whether there is enough evidence to hold you in custody. Josh Tomsheck works with his clients from the moment of arrest to ensure that they are fully informed about their legal rights and options.
2. Arraignment
During the arraignment, the defendant is formally charged with homicide or murder. At this point, the defense will enter a plea of not guilty, and the case will proceed to pre-trial motions and discovery.
3. Pre-Trial Motions
Pre-trial motions are a critical part of the defense strategy in homicide cases. Josh Tomsheck has extensive experience filing and arguing motions to suppress evidence, dismiss charges, and challenge the constitutionality of the case. This stage is often where key evidence, such as DNA results or witness testimony, can be challenged.
4. Trial
The trial consists of two main phases: the guilt phase and, if necessary, the penalty phase. During the guilt phase, the defense will challenge the prosecution's evidence and present alternative theories of the case. If the defendant is convicted, the penalty phase will determine whether the defendant receives the death penalty or life in prison.
5. Sentencing and Appeals
If convicted, the defendant may appeal the decision. Josh Tomsheck and his team include appellate specialists who can handle appeals in both Nevada and federal courts. Their experience includes post-conviction relief and habeas corpus petitions in cases where procedural errors occurred during the trial.
Resources for Families of Defendants Facing Homicide Charges
Families of individuals facing homicide charges often feel lost and unsure of where to turn for support. Here are some resources to help families cope with the emotional and legal challenges:
Legal aid services can provide additional assistance to families who need help understanding their legal options. They offer resources on court procedures, public defenders, and legal rights in homicide cases.
In some cases, families may want to connect with victim advocacy groups for emotional support during the trial. These organizations often offer counseling services and legal advice for families of defendants facing capital murder or homicide charges.
3. Psychological Support Services
Being involved in a homicide case can take a serious emotional toll on both the defendant and their family. Josh Tomsheck often recommends mental health resources, including psychologists and counselors, to help families navigate the emotional challenges they face during the trial process.
FAQs About Homicide Defense
What are the possible penalties for a homicide conviction in Nevada?
Penalties for a homicide conviction in Nevada can range from probation to life imprisonment, with or without the possibility of parole. In capital murder cases, the death penalty may also be on the table, depending on the aggravating circumstances of the case.
Can homicide charges be dropped or reduced?
In some cases, homicide charges can be reduced to lesser charges such as manslaughter through plea negotiations or even dismissal by showing that the killing was justifiable under Nevada law. Josh Tomsheck has successfully reduced charges for numerous clients by challenging the prosecution's evidence and presenting alternative explanations. In some cases Mr. Tomsheck has avoided formal charges altogether by showing that a killing was justifiable in self defense. In others, Mr. Tomsheck has achieved complete dismissals following the filing of a Motion to Dismiss or Petition for Writ of Habeas Corpus. Josh has also achieved Not Guilty verdicts at Trial.
How long does a homicide trial typically take?
The length of a homicide trial varies depending on the complexity of the case, the number of witnesses and various other factors. Some trials can take months, others weeks and others inside of a week. Capital Trials often take significantly longer, due to the expanded process of qualifying a jury and the potential for a protracted penalty phase following a first degree verdict. Trials may take longer if there are multiple defendants or extensive evidentiary disputes.
Contact Hofland & Tomsheck for Expert Homicide Defense
If you or a loved one is facing homicide or murder charges, it's important to have access to the right legal resources and expert defense. Josh Tomsheck and the team at Hofland & Tomsheck are ready to provide the legal support and guidance you need during this challenging time.
Contact Josh Tomsheck today for a no-cost consultation at (702) 895-6760. Let us help you understand your rights, navigate the legal process, and fight for your rights starting today.
