Whether you have been accused of assault, domestic violence, or even murder, you may be able to avoid conviction by claiming you acted in self-defense and used justifiable force to protect yourself and/or others. However, certain conditions must be met in order to properly apply this legal defense, which is why it is important to understand the specific laws addressing these situations.
Non-Deadly vs. Deadly Force
In Nevada, self-defense is permitted if the non-aggressor reasonably believes he/she – or someone else – is in imminent danger of bodily harm. Furthermore, the non-aggressor must use no more physical force than necessary to defense himself/herself or another person.
For example, if a person threatens to harm you and either punches you or attempts to do so, you have the right to fight back because you have reason to believe you faced immediate physical harm because of the person’s threats and subsequent assault. However, if you respond to the person’s non-deadly force by stabbing them with a knife, shooting them with a firearm, or otherwise using deadly force, you will not have a viable self-defense claim.
Nevada is a “Stand Your Ground” state, which means you have the right to fight back despite having the opportunity to retreat and avoid conflict. As long as the act of self-defense is reasonable, then it is legal.
When it comes to using deadly force, you can use such force if you do not start the conflict, have reason to believe you were immediate jeopardy of major bodily harm or death, have the right to be in the location where deadly force is used, and do not violate any law when deadly force is used. In other words, killing in self-defense is legal only if you face an immediate threat of being seriously injured or killed.
For instance, someone approaches you, produces a knife, and orders you to give up your wallet. You respond by producing a handgun and shooting the person to death. In this case, you acted in lawful self-defense because the person presented an urgent threat to your safety and any reasonable individual in your situation would also have the same immediate fear.
Lastly, Nevada also has a “Castle Doctrine,” which means you are allowed to use deadly force against someone for attempting to break into your home or vehicle or otherwise commit a felony. Even if the person attempting to enter your home or vehicle does not intend to kill you, you still have the right to kill such intruders.
If you or a loved one is facing serious charges for a violent crime in Las Vegas, contact The Draskovich Law Group today at (702) 381-6590 for a free initial consultation. Our legal team has more than 25 years of combined experience helping our clients get the best possible outcome in court.