Self-Defense in Homicide Cases: Preventing Charges and Securing Acquittals
When faced with a homicide or attempted homicide charge, asserting self-defense can be a powerful legal strategy. Josh Tomsheck, a nationally board-certified criminal trial lawyer and former homicide prosecutor, has a wealth of experience in handling self-defense claims from the moment an incident occurs through trial. His expertise spans pre-charge representation to prevent the filing of charges and trial defense, where he has secured full acquittals in high-stakes cases.
Pre-Charge Representation: Preventing Homicide Charges
One of the most critical stages in any self-defense case is the period immediately after the incident. Retaining Josh Tomsheck before charges are filed can prevent a case from ever reaching the courtroom. When retained early, Mr. Tomsheck works directly with law enforcement and prosecutors to present compelling evidence that his client's actions were justified under Nevada law.
Case Example: Defending the Residence
In one case, a homeowner shot and killed an intruder in their Las Vegas residence. Josh Tomsheck was hired within hours of the incident, and after conducting his own investigation and working with the authorities, the shooting was deemed justifiable homicide under Nevada's Castle Doctrine. As a result, no criminal charges were filed against his client.
Case Example: Defending Against an Attacker
In another case, a client shot an armed assailant in self-defense during an altercation. Mr. Tomsheck presented evidence, including witness statements and forensic analysis, showing that his client acted out of necessity to protect their life. As a result, no homicide charges were brought forward.
Josh Tomsheck's prompt and aggressive intervention at this stage can be the difference between no charges being filed or facing serious criminal prosecution.
Self-Defense at Trial: Nevada Law and State v. Runion
If charges are filed, asserting self-defense at trial requires a comprehensive understanding of Nevada's self-defense laws. Josh Tomsheck has successfully used this defense to secure full acquittals in numerous cases, applying his deep knowledge of Nevada statutes and case law, particularly the landmark decision in State v. Runion.
Legal Standards for Self-Defense in Nevada
Under Nevada law, specifically NRS 200.200, an individual may use deadly force if they reasonably believe they are in imminent danger of death or substantial bodily harm. Nevada's Stand Your Ground law codified under NRS 200.120 means that individuals have no duty to retreat if they are in a place where they have the legal right to be. The key principles in a self-defense claim include:
Imminent Danger: The defendant must have reasonably believed that they or another person was in immediate danger.
Proportional Response: The force used must be proportional to the threat.
No Duty to Retreat: The defendant does not need to retreat, provided they are in a location where they are legally allowed to be.
Jury Instructions and the Runion Decision
The Nevada Supreme Court's decision in State v. Runion solidified the legal framework for self-defense in the state. The court made clear that a defendant may use deadly force if they reasonably believe that they are in imminent danger of death or serious bodily harm. Additionally, the decision emphasized that juries should be instructed that the defendant has no duty to retreat before using force, aligning with Nevada's Stand Your Ground principle.
In trials, Josh Tomsheck ensures that jurors are properly instructed on self-defense, emphasizing the Runion decision and its application to the facts of the case. By carefully crafting his arguments around this legal framework, he creates a strong defense that challenges the prosecution's burden of proof.
Case Study: Full Acquittal in Attempted Homicide
In one case, Josh Tomsheck secured a full acquittal for a client charged with attempted homicide after stabbing an individual in self-defense. The prosecution alleged that the client had unlawfully used the weapon, but Mr. Tomsheck successfully argued to the jury that his client was acting in accordance with Nevada's self-defense laws. Using expert testimony and and cross-examining the prosecution's witnesses, Mr. Tomsheck demonstrated that the client had no choice but to defend himself against imminent harm. The jury returned a not guilty verdict, fully acquitting the defendant.
Types of Forensic Evidence in Self-Defense Cases
Josh Tomsheck often collaborates with forensic experts to strengthen self-defense claims in homicide trials. Forensic evidence is crucial in establishing how a confrontation unfolded and whether the defendant's actions were justified.
1. Ballistics Evidence
Ballistics experts analyze the trajectory of bullets, the type of firearm used, and the distance from which the shots were fired. This evidence can be critical in proving that the defendant's actions were necessary to stop an imminent threat.
2. Crime Scene Reconstruction
By working with crime scene reconstructionists, Josh Tomsheck can demonstrate that the defendant had no choice but to act in self-defense. This may include recreating the scene to show the positioning of the defendant and assailant, and corroborating the defendant's account of events.
In today's technological age, digital forensics can play a major role in a self-defense case. Cell phone data, security camera footage, and even social media posts can help corroborate the defendant's claim of self-defense.
Why Choose Josh Tomsheck for Self-Defense Cases?
When facing homicide or attempted homicide charges, a strong self-defense claim can mean the difference between acquittal and a life-altering conviction. With decades of experience and an unparalleled knowledge of Nevada's self-defense laws, Josh Tomsheck has the skill and dedication necessary to protect your rights. Whether you need pre-charge representation or an aggressive trial defense, Mr. Tomsheck is equipped to handle your case with expertise.
Contact Hofland & Tomsheck for a No-Cost Consultation
If you or a loved one is facing charges involving the use of deadly force, contact Josh Tomsheck and the team at Hofland & Tomsheck today. Schedule a no-cost consultation by calling (702) 895-6760 and take the first step toward protecting your rights and securing the best possible outcome for your case.
