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Limitation for Kidnapping or Attempted Murder

Limitation for Kidnapping or Attempted MurderKidnapping and attempted murder are serious offenses. As a result of the gravity of the crimes, there are special rules imposed regarding the deadline for bringing a case against a defendant. Those who are accused of kidnapping or of trying to commit a homicide need to understand how Nevada state law treats these offenses.

At LV Criminal Law, we routinely represent clients who are accused of felony offenses. We understand both the substantive legal rules that define the crimes of kidnapping and attempted murder, as well as the procedural rules related to when charges must be filed. We help clients to develop a comprehensive, strategic defense so they can fight conviction and try to walk away with charges dropped, a verdict of not guilty, or a favorable plea agreement. To learn more and to speak with a Las Vegas defense attorney about how we can assist with your case, call today.

What is the Statute of Limitations for Kidnapping or Attempted Murder?

In the state of Nevada, it is possible for prosecutors to have up to eight years from the time a kidnapping or attempted murder is discovered to bring legal action against a defendant who allegedly committed the crime. This extended deadline is established by Nevada Revised Statute 171.084, which creates special rules for the statute of limitations for these particular offenses.

A statute of limitations determines the time limit in which a prosecutor has to commence a case against a defendant accused of a criminal act. Nevada defines the different statutes of limitations in Chapter 171, Proceedings to Commitment. Within this Code section, there are general rules for felony offenses as well as the rule found in N.R.S. 171.084, which is applicable specifically to kidnapping and attempted murder cases.

The general statute of limitations applied to felony offenses like kidnapping and attempted murder is found in Nevada Revised Statute 171.085, which imposes a four-year limit for some felonies and a three-year limit for others. A prosecutor has to commence criminal action within three years of the time a kidnapping or attempted murder was committed, because neither of these felonies are among the specific offenses listed in N.R.S. 171.085 that have an extended four year deadline for bringing charges.

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Kidnapping and attempted murder may both be crimes committed in secret. As a result, the provisions found in N.R.S. 171.095 may apply to permit a longer deadline. N.R.S. 171.095 stipulates that when a felony offense is committed in secret, the clock to determine when the statute of limitations has passed does not begin running until the criminal act is discovered. The crime may not be discovered until some time has passed after the commission of the offense was completed, so this law provides more time for prosecutors to pursue a case against a defendant.

Three years is still a very short time for a crime to be investigated and solved, so Nevada gives prosecutors even more time under specific circumstances. N.R.S. 171.084 stipulates that when a police report is filed reporting the crime, the typical statute of limitations applicable to kidnapping and attempted murder is extended for a five year period.

This means that instead of having just three years to pursue a case, the prosecutor has the three years provided for all felonies… as well as the additional five years specific to kidnapping or attempted murder cases.

How Can a Nevada Defense Lawyer Help in Kidnapping or Attempted Murder Cases?

 If the statute of limitations has passed, you cannot face charges. Mr. Nick Wooldrige we will carefully review the timeline to make legal arguments regarding why you should not be charged due to the amount of time has passed. If your case does move forward, our experienced Las Vegas defense lawyers are fully ready to defend you or negotiate a plea deal with prosecutors assigned to your case.

To learn more and to get help from an experienced Nevada criminal defense lawyer, give us a call today.

 

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