Nevada's Stand-Your-Ground Law in Homicide Cases
In Nevada, the Stand-Your-Ground law allows individuals to defend themselves using deadly force without the obligation to retreat, provided they are in a place where they have a legal right to be. Under NRS 200.120, this doctrine applies in both public and private spaces, including one's home or place of work.
Josh Tomsheck, a nationally board-certified criminal defense lawyer, has successfully invoked Nevada's Stand-Your-Ground law to defend clients charged with homicide or attempted homicide. By thoroughly understanding the nuances of this law and using it strategically in the courtroom, Mr. Tomsheck has helped clients achieve full acquittals in situations where they were forced to act in self-defense.
Legal Foundation of Stand-Your-Ground in Nevada
Nevada's Stand-Your-Ground law is rooted in NRS 200.120, which provides that a person may meet force with force if they reasonably believe their life or another person's life is in immediate danger. The key elements to this defense include:
No Duty to Retreat: Unlike states that impose a "duty to retreat," Nevada does not require individuals to attempt to flee from danger before using force.
Reasonable Belief of Imminent Harm: The person using force must reasonably believe that they or someone else is facing imminent danger of death or significant bodily harm.
Additionally, NRS 200.130 further supports the right to use force when defending one's home, commonly referred to as the Castle Doctrine. This means a person is not required to retreat when faced with an intruder in their home and can use deadly force to protect themselves and their loved ones.
How Josh Tomsheck Uses Stand-Your-Ground in Defense
When defending clients under Nevada's Stand-Your-Ground law, Josh Tomsheck thoroughly analyzes the events leading up to the use of deadly force, ensuring that the client's belief of imminent danger was reasonable. Mr. Tomsheck often works with forensic experts, crime scene reconstructionists, and witnesses to corroborate the client's version of events. By presenting this evidence in court, Mr. Tomsheck demonstrates that his client had no legal obligation to retreat and acted within their rights.
Case Example: Full Acquittal in Attempt Homicide Trial
In one high-profile case, Josh Tomsheck secured a full acquittal for a client charged with attempted homicide after he killed an individual during an altercation. The prosecution argued that the defendant could have fled the scene. However, Mr. Tomsheck successfully argued that under Nevada's Stand-Your-Ground law, the defendant had no duty to retreat and acted out of reasonable fear for their life. By presenting expert testimony and cross-examining the prosecution's witnesses, Mr. Tomsheck was able to show that the defendant's actions were justified, resulting in a not guilty verdict.
Why Choose Josh Tomsheck for Stand-Your-Ground Defense?
As a former homicide prosecutor and now one of Nevada's leading defense attorneys, Josh Tomsheck has a deep understanding of how to apply Stand-Your-Ground laws in defending clients charged with homicide or attempted homicide. His experience, combined with his ability to collaborate with top experts and present compelling evidence, has led to numerous acquittals and favorable outcomes for his clients.
Contact Hofland & Tomsheck for a No-Cost Consultation
If you or a loved one is facing homicide charges and believe you acted in self-defense, contact Josh Tomsheck and the team at Hofland & Tomsheck for a no-cost consultation. Mr. Tomsheck will review your case and explain how Nevada's Stand-Your-Ground law can be used in your defense. Call us today at (702) 895-6760 to get started on building your defense.
