lin law group
Manslaughter
Accidents happen in life. It is particularly tragic if an accident claims the life of another person, but these accidents do occur from time to time. Good people, especially good people are not perfect, and should they accidentally cause the death of another person they may become overwhelmed by the legal ramifications of their situation.
The law defines manslaughter as the killing of a person without premeditated thoughts. These premeditated thoughts are considered “malice aforethought”, and are a critical difference between murder and manslaughter. The laws of the State of Nevada establish two distinct levels of manslaughter: voluntary manslaughter and involuntary manslaughter.
Voluntary Manslaughter: Voluntary manslaughter mainly includes killing in the heat of passion or while committing a felony. Furthermore, manslaughter is considered unpremeditated criminal homicide that occurs if a defendant was provoked or had diminished capacity to reason.
Involuntary Manslaughter: An individual can be charged with involuntary manslaughter if they cause the death of someone while committing a non-felony crime. An example of involuntary manslaughter in Nevada is vehicular manslaughter, or any homicide that occurs without intent or due to recklessness or negligence.
Let our team of dedicated and experienced manslaughter lawyers help you get the best defense possible in your case. We understand that this traumatic event can have severe repercussions in your life, which is why we endeavor to handle your case as discretely and efficiently as possible.
Murder
Few crimes are as serious as a murder charge. The law defines murder as “the intentional killing of a person with ‘malice aforethought’ or premeditated thought and the intent of killing someone.” Murder is also separated by the severity or the degree of the charge:
First degree murder: NRS 200.030
Murder of the first degree is murder which is perpetrated by means of poison, lying in wait or torture, or by any other kind of willful, deliberate and premeditated killing; committed in the perpetration or attempted perpetration of sexual assault, kidnapping, arson, robbery, burglary, invasion of the home, sexual abuse of a child, sexual molestation of a child under the age of 14 years, child abuse or abuse of an older person or vulnerable person pursuant to NRS 200.5099; committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal custody; committed on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person; or committed in the perpetration or attempted perpetration of an act of terrorism.
Second degree murder: Murder in the second degree is any murder not covered by any of the above categories or that does not involve special circumstances. Skilled lawyers can use many different means to seek a second degree murder charge, or have the charged changed entirely.
Murder is such a serious crime that those who are aware of the crime but do nothing to prevent it or report it can be charged as accessories, coconspirators, or even with the murder itself. Few lawyers are able to take the mantle of responsibility of defending a person charged with murder, but you can feel confident Scott M. Holper, Esq. is ready and willing to help protect your freedom and your life.
Every person charged with murder deserves dedicated and experienced representation and a fair trial in an honest courtroom. Your rights are guaranteed by the constitutions of the United States as well as the State of Nevada, and we will settle for nothing less than justice for you.
