Nevada’s Felony Murder Rule

Nevada's Felony Murder Rule: A Detailed Overview

The felony murder rule in Nevada holds individuals accountable for homicide if a death occurs during the commission of certain felonies, even if the individual had no intent to kill. This doctrine is grounded in NRS 200.030, which classifies felony murder as first-degree murder, a charge that carries severe penalties, including life imprisonment or the death penalty. Unlike traditional murder charges that require proof of malice or premeditation, felony murder only requires that the death occurred in connection with a felony, such as robbery, burglary, or kidnapping.

Josh Tomsheck, a nationally board-certified criminal trial attorney, has vast experience defending clients accused under Nevada's felony murder rule. His expertise in challenging this doctrine has helped secure acquittals, even in cases where co-defendants have cooperated with the prosecution. In this article, we'll explore the rule's legal foundation, its application in Nevada courts, and a notable case where Mr. Tomsheck achieved a full acquittal for his client.

Legal Foundation of Nevada's Felony Murder Rule

Nevada's felony murder rule is primarily governed by NRS 200.030, which categorizes certain felonies as inherently dangerous, meaning that a death occurring during the commission or attempted commission of one of these felonies can result in a first-degree murder charge. The underlying felonies often include:

The rationale behind the felony murder rule is to deter individuals from committing dangerous felonies by holding them strictly liable for any resulting death, even if the death was unintentional or caused by someone else involved in the crime. Under this rule, anyone involved in the felony can be charged with murder, regardless of who caused the death or whether the defendant directly participated in the killing.

Key Case Law in Nevada's Felony Murder Doctrine

Several Nevada Supreme Court decisions have shaped how the felony murder rule is applied in the state. One of the most influential cases is Sheriff v. Morris, where the court reaffirmed that a defendant can be convicted of felony murder even if they did not directly cause the death. The court emphasized that as long as the death occurred during the commission of a felony, the defendant could be held criminally responsible.

Another important case is Bolden v. State, which clarified that the felony murder rule applies even when the death was not a foreseeable result of the underlying felony. The court held that the only requirement is that the death occurred in the course of the felony, regardless of intent or foreseeability.

Application of the Felony Murder Rule in Co-Defendant Cases

One of the most controversial aspects of the felony murder rule is its application in co-defendant cases, where multiple individuals are involved in a felony, but only one directly causes the death. Under Nevada law, all co-defendants can be charged with murder if a death occurs, even if they played a minor role in the underlying felony.

For example, if three individuals rob a convenience store and one of them accidentally shoots the clerk, all three can be charged with felony murder, even if the other two were unaware that a weapon was being used. This broad application of the felony murder rule can lead to severe consequences for individuals who had no intent to kill or commit violence.

Case Study: Acquittal in a Failed Robbery

In one high-profile case, Josh Tomsheck represented a client who was accused of murder under the felony murder rule following a failed robbery. During the attempted robbery, one of the client's co-defendants shot and killed a bystander. Despite not being the shooter, Mr. Tomsheck's client faced first-degree murder charges under the felony murder rule. To make matters worse, the client's co-defendants took plea deals and agreed to testify against him in exchange for reduced sentences. The prosecution's case was built around the theory that all participants in the robbery were equally culpable for the death. However, Mr. Tomsheck meticulously dismantled the prosecution's case by demonstrating that his client had no knowledge of the weapon being used, nor did he participate in any violent acts during the robbery.

Despite the weight of the testimony against his client, Josh Tomsheck secured a full acquittal for his client at trial. The jury agreed with the defense's argument that the client's involvement in the underlying felony did not rise to the level of criminal responsibility for the murder, and he was acquitted of all charges.

Challenging the Felony Murder Rule: Strategies for Defense

Defending against a felony murder charge requires a deep understanding of both the underlying felony and the circumstances surrounding the death. Josh Tomsheck has successfully defended clients by employing a range of strategies, including:

Challenging the Underlying Felony: By contesting the prosecution's evidence that the defendant was involved in the felony, Mr. Tomsheck can often weaken the felony murder charge. For instance, where the State cannot prove that a robbery allegation was planned before the events leading to death, the Felony Murder may not apply.
Disputing Causation: Even if the felony is established, Mr. Tomsheck may argue that the death was too remote or disconnected from the defendant's actions to justify a murder charge.
Attacking Co-Defendant Testimony: In cases where co-defendants testify against a client, Mr. Tomsheck rigorously cross-examines these witnesses to expose any inconsistencies, biases, or motivations for securing a reduced sentence.

Expertise in Felony Murder Defense

Nevada's felony murder rule is one of the most powerful tools available to prosecutors, but it is not without its challenges. Josh Tomsheck has a long track record of successfully defending clients against these charges, often by demonstrating that their involvement in the underlying felony does not warrant a murder conviction.

If you or a loved one is facing felony murder charges, contact Josh Tomsheck and the team at Hofland & Tomsheck for a no-cost consultation. Mr. Tomsheck's expertise in felony murder defense can make all the difference in your case. Call (702) 895-6760 today to learn more about your legal options.