Murder Defense Lawyers in Las Vegas

Nevada Supreme Court Rule 250 Certified. Capital Cases Included.

A murder charge in Nevada carries consequences that reach as far as the death penalty or life without parole. From the moment of arrest, every decision matters: what you say to police, what evidence is preserved, and who is building your defense. We handle criminal defense only, and we have represented clients in both state and federal courts across the United States. A substantial share of the clients we serve come to us through direct referrals from past clients, which reflects the kind of trust that develops from serious work on serious cases.

Attorney Robert Draskovich is a Las Vegas native with deep familiarity with Nevada’s courts and legal community. He holds Nevada Supreme Court Rule 250 certification, qualifying him to serve as lead counsel in capital and death penalty cases, making him one of the few attorneys in Nevada who hold that designation. If you or a family member is facing murder charges, we offer free consultations and encourage you to reach out immediately.

Call us at (702) 381-6590 or contact us online to speak with our team about your case.

Murder Charges & Penalties in Nevada

Nevada law recognizes multiple degrees of homicide, each carrying distinct penalties. How charges are classified, and what penalties apply, is essential context for anyone facing a murder allegation in Las Vegas or anywhere in Clark County.

First-Degree Murder Charges & Penalties

First-degree murder is a category A felony under Nevada law. A charge can arise from a willful, deliberate, and premeditated killing; from a killing committed on school property under circumstances intended to create great risk of death or harm to multiple people; from a killing committed to avoid arrest or escape custody; or from a killing that occurs during the commission of another offense. Under the felony murder rule, a defendant does not need to have intended to kill for first-degree murder charges to apply if a death occurred during a qualifying felony.

A first-degree murder conviction could include the following penalties:

• Death
• Life in state prison without the possibility of parole
• Life in state prison with the possibility of parole after serving a minimum of 20 years
• Definite term of 50 years in state prison with the possibility of parole after serving a minimum of 20 years

Second-Degree Murder Charges & Penalties

Second-degree murder is also a category A felony and covers any murder that does not meet the elements of first-degree murder. It is typically charged when a person’s conduct was so dangerous that another person’s death resulted, even without a deliberate plan to kill. Malice aforethought need not be proven explicitly; the prosecution can establish it through the circumstances of the act itself.

A second-degree murder conviction could include the following penalties:

• Life in state prison with the possibility of parole after serving a minimum of 10 years
• Definite term of 25 years in state prison with the possibility of parole after serving a minimum of 10 years

Open Murder Charges & Homicide Classifications in Nevada

In Nevada, prosecutors typically charge individuals with “open murder,” a general allegation under Nevada Revised Statutes 200.010 that encompasses first-degree murder, second-degree murder, voluntary manslaughter, and involuntary manslaughter. The judge or jury determines which specific degree of offense applies based on the evidence presented at trial.

That distinction is consequential. Voluntary manslaughter, a killing committed in the heat of passion without malice or prior deliberation, is a category B felony carrying a prison term of one to 10 years, far less than the potential life sentence attached to a murder conviction. Involuntary manslaughter, which involves an unintentional killing under certain circumstances, carries penalties distinct from murder entirely. The gap between a manslaughter conviction and a first-degree murder conviction can mean the difference between eventual parole eligibility and life without parole. Working to establish a lesser charge is a real and legitimate defense objective in many cases.

Defense Strategies in Nevada Murder Cases

No two murder cases present the same facts, and the defense strategy we develop is built around the specific circumstances of each case. We conduct an independent investigation separate from the prosecution’s record and draw on a network of expert witnesses and other professionals to challenge prosecution evidence and witnesses. Below are common defenses that may be available depending on what the evidence shows.

Self-Defense
Nevada law recognizes self-defense when a person reasonably believed force was necessary to prevent death or serious bodily harm. We examine the facts surrounding the incident to determine whether this defense applies and how to present it effectively at trial.

Defense of Others
A defendant who acted to protect another person from immediate danger may have a valid defense. This applies when the perceived threat was real and the response was proportional to it.

Lack of Intent or Accidental Death
When the evidence shows a death was accidental or resulted from reckless conduct without intent to kill, the facts may not support a murder charge. We work to establish that the circumstances point toward a lesser classification rather than premeditation and deliberation.

Mistaken Identity
Eyewitness identification is one of the most frequently challenged forms of evidence in criminal defense. Poor lighting, stress-affected memory, and inconsistent witness accounts can all undermine identification testimony. When alibi evidence, surveillance footage, or conflicting statements exist, we pursue this challenge aggressively.

Insufficient Evidence
Prosecutors must prove every element of a murder charge beyond a reasonable doubt. Gaps in forensic testing, chain of custody errors, or unreliable witnesses can create reasonable doubt. We scrutinize the prosecution’s case for these weaknesses from the moment we take on a case.

Insanity Defense
When a severe mental condition prevented a defendant from understanding the nature or wrongfulness of an act, an insanity defense supported by medical evaluation and expert testimony may apply. This defense requires careful preparation and the right resources.

How a Murder Case Moves Through Clark County District Court

Understanding how a case moves through the system helps our clients make informed decisions at every stage. Here is how these cases typically proceed in Clark County District Court, and why early involvement of defense counsel matters throughout.

Arrest & Initial Appearance
After arrest, a judge determines whether bail is available. In murder cases, bail is often denied or set extremely high. Early legal advocacy at this stage can make a meaningful difference in whether a defendant awaits trial in custody or at home.

Preliminary Hearing or Grand Jury
At a preliminary hearing, prosecutors must show probable cause to move the case forward. Defense counsel can cross-examine witnesses at this stage and preserve issues for later motions. In some cases, the prosecution proceeds by grand jury indictment instead.

Arraignment
At arraignment, the defendant enters a formal plea. The open murder charge typically remains at this stage, with the specific degree of offense to be determined later by a judge or jury.

Pretrial Motions
Motions to suppress evidence obtained through unlawful searches or to exclude improperly obtained statements can narrow or eliminate key parts of the prosecution’s case before trial begins. This is often where the most consequential work happens.

Trial
If the case proceeds to trial, the prosecution bears the burden of proving guilt beyond a reasonable doubt. Our focus is on challenging evidence, offering alternative explanations, and raising reasonable doubt in the minds of the jury. Having tried more than 100 criminal cases to verdict, Robert Draskovich brings substantial courtroom experience to this stage.

Why Las Vegas Murder Defendants Choose Draskovich Horvath

Clients facing the most serious charges need a murder attorney in Las Vegas whose qualifications match the weight of those charges. Draskovich Horvath is a criminal-defense-only practice with more than 30 years of collective experience. We don’t pass clients to junior associates. The attorney you hire is the attorney who works your case.

Robert Draskovich holds Nevada Supreme Court Rule 250 certification, making him one of the few murder lawyers in Las Vegas qualified to serve as lead counsel in capital cases. He has tried more than 100 criminal cases to verdict, has been named among the top 3% of all criminal defense attorneys in the United States, and has been recognized by Super Lawyers and rated AV Preeminent by Martindale-Hubbell, both beginning in 2007. The American Trial Lawyers Association has also named him a Top 100 Trial Lawyer for consecutive years beginning in 2007. He has served as a legal analyst for Fox 5 News, CNN, NBC Nightly News, and the New York Times, including on high-profile murder and criminal defense matters.

Our involvement in nationally recognized criminal defense matters, combined with a client base built substantially on direct referrals, reflects the kind of reputation that develops over decades of serious violent crime work. When the stakes include life without parole or capital punishment in Nevada, the attorney you choose matters enormously.

Contact a Murder Attorney in Las Vegas Today

Murder charges demand immediate action. Evidence disappears, witnesses’ memories change, and statements made before an attorney is involved can be used against the defendant at trial. Whether you are facing charges directly or a family member has been arrested, contact us as soon as possible. We handle both state and federal criminal charges and offer free consultations with no obligation.

Call (702) 381-6590 or contact us online to speak with our Las Vegas murder defense attorneys today.