Nevada Manslaughter Types, Laws, Charges (NRS 200.040)
Manslaughter is a serious Nevada felony that could result in significant jail prison time. If you are charged with manslaughter, you should retain a Las Vegas criminal lawyer to represent you as soon as possible. He or she may be able to reduce the charges to a misdemeanor to avoid a felony record.
Legal Definition of Manslaughter
Manslaughter is the unlawful killing of another person without malice or deliberation. This makes it different from the Nevada crime of homicide. There are two types of manslaughter:
- Voluntary Manslaughter and
- Involuntary Manslaughter.
Vehicular Manslaughter and Justifiable Homicide are offenses similar to manslaughter.
Voluntary Manslaughter Definition and Possible Sentences in Nevada
Voluntary Manslaughter happens in the “heat of passion.” The killing is an “irresistible” and voluntary action made without “due caution or circumspection.” This means that whatever excited the anger or violence must come just before the killing, without time to stop and think about it (no “cooling off”).
Voluntary Manslaughter is a Category B felony. This means it comes with a minimum of 1 year in a Nevada prison. The prison sentence can be as high as 10 years and can include a fine of up to $10,000.
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Involuntary Manslaughter in Nevada
Involuntary manslaughter is an unintentional killing, but during an act which might reasonably be expected to result in death.
Nevada involuntary manslaughter is a Category D felony. It can result in 1 to 4 years in prison and fines up to $5,000.
Vehicular Manslaughter, Vehicular Homicide
Vehicular manslaughter is an unintentional killing caused by a vehicle. It should not be confused with Vehicular Homicide, which requires that the driver be under the influence and have three prior DUI convictions.
Vehicular Manslaughter is a misdemeanor offense because it is caused from simple negligence. This means that the driver did not act like other, reasonable drivers would in the same or similar circumstances. Simple negligence can be thought of like a mistake, probably the result of a failing to pay complete attention for a moment.
A vehicular manslaughter misdemeanor charge in Nevada involves a 1 year license suspension, up to $1000 in fines, and up to six months in jail. The record of this offense can be sealed two years from the date the case is closed.
Justifiable Homicide Nevada Legal Definition
Justifiable homicide is usually brought as a defense to a murder charge. It involves a killing done “in defense of habitation, property or person.” The person killed is usually unlawfully entering the killer’s home to commit a felony or other violence on the people living there.
In Nevada, there is no duty to retreat before using deadly force, so long as you are not the original aggressor. You must also have a right to be present at the place where deadly force is used and you cannot be engaged in unlawful conduct yourself at the time of the killing.
The fear that causes you to act in defense of your home, property, or person must be real, reasonable to other people, and not in revenge.
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Manslaughter crimes or any other killing of another person are serious offenses in Las Vegas that can change the rest of your life, your criminal record, and possibly take away your freedom. Contact LV Criminal Defense to begin your defense as soon as possible.