Sealing a Murder Homicide Record in Nevada

A criminal record caused by violent crimes in Nevada can greatly hamper opportunities you can get in life after prison. This is in terms of job application, college enrolment, loans, and other things you will venture into in hopes of moving on from the past criminal conviction.

One way to deter this is to seal a record. With this, employers or particular people would not be able to see your criminal record and judge you for it. But there remains a question: what if the crime was too severe such as a Nevada murder homicide? Is this eligible for a record sealing?

What is sealing of record in Nevada?

Convicts or people who have been acquitted are given the chance for sealing their record in Nevada. Sealing means hiding away information about your conviction from the public and no, it does not erase or expunge any of the records and the certain sectors of the government such as the Nevada Gaming Commission or NGC can still have access into them.

A record sealing in Nevada will help you come out with a better reputation whenever someone does a background check on you and you can have your civil rights restored such as the right to vote and be part of a jury.

What are the chances of a Nevada murder homicide being sealed?

Nevada allows category A felonies to be sealed which is a privilege not every state is temperate about. Nevada murder homicides are category A but there are certain degrees of the crime that makes record sealing impossible such as a murder of a child. For a Nevada murder homicide of people in the age of majority, the convict must wait 10 years after the case has ended before he or she can make any move about record sealing. When the defendant was never convicted, there is no waiting time to complete and application for a record sealing can be done right away.

If you think you are eligible for a record sealing of murder homicide in Nevada, you must first have the assistance of a Las Vegas criminal defense attorney as application for record sealing is a lengthy and complex process. Just a small error in the forms to be submitted can put your case in a back burner and that means more time of enduring the effects of a Nevada murder homicide you might not have been culpable of in the first place.

Coercion on Violent Crimes in Nevada

Forcing or stopping someone from doing something through the use of threats or physical violence is coercion. Coercion is typically found among the violent crimes that perpetrate in Nevada. Know that this can be can be penalized with a misdemeanor or a felony depending on the scale of the offense.

Coercion according to the Nevada Revised Statutes (NRS)

The NRS Section 207.190 describes coercion as the use of violence to “to compel another to do or abstain from doing an act which the other person has a right to do or abstain from doing…”

Basically, coercion is two things. First, it is forcing someone to NOT do something that is within their right to do. For example, a woman wants to break off a relationship but the man is threatening to kill her and/or harm her family if she breaks up with him.

The second type of coercion is forcing someone to DO something that he or she has the right to refuse to. An example is a company head forcing an employee to submit to his sexual advancements through threats to her life or her family.

Notice that these elements can be found in the worst violent crimes in Nevada such as domestic battery, kidnapping, and can even be precursors to manslaughter or murder homicide.

Standard coercion or when no physical force was used is a misdemeanor in Nevada which should warrant up to six months in jail and a fine of $1,000.

Now, if physical force took pace and one that caused injury, a category B felony should be faced by the defendant. This consists of six years in prison and a fine of $5,000.

Using coercion as a defense

While coercion is an element in violent crimes that could convict you, it also could be your defense to avoid charges altogether. Once facing a prosecutor, you could state that you only did the violent crime because you were the first one to be coerced. For example, your spouse was threatening you verbally and even held you at knifepoint because he or she wants to do something you do not want. You just happened to fought back by using the same method.

To better understand coercion and how you can use it as a defense, get the counsel of a Las Vegas criminal defense lawyer who understands the important factors in violent crimes in Nevada.

Penalties of Violent Crimes in Nevada

The State of Nevada is riddled by violent crimes in the form of domestic violence with battery, murder homicide, manslaughter, robbery, and more. As violent crimes in Nevada are perpetrated through the use of deadly force, the corresponding punishments are grave. Once you are being indicted for them, your rights and freedom as a citizen will be threatened. Below are information about the penalties should you find yourself facing them.

Battery and Assault

Assault is attacking a person through the use of physical force such as punching, hitting, kicking, stabbing, and more. This is a violent crime that is punishable by a misdemeanor which includes six months in jail and fine up to $1,000. If a deadly weapon is involved, expect the assault to be a category B felony, which should mean one to six years of imprisonment and fine that are not more than $5,000.

When this is done inside the premises of home or towards family members, it turns into a domestic battery. This is a category C felony that could also turn into a category B felony when a weapon was used.  

Murder Homicide

Of course, killing a person constitutes some of the heaviest punishments not just for committing violent crimes in Nevada. For a first degree murder homicide (which is a planned way of killing), a life imprisonment with or without the possibility of a parole or a death sentence shall be imposed. For the second degree which is unintentional killing, 25 years or a lifetime of imprisonment with the possibility of parole should follow the accused are the penalties.

Manslaughter

Offenders of voluntary manslaughter or the “heat of passion” crime is punished by one to 10 years of incarceration. Notice that manslaughter does not have a life imprisonment punishment option. This is because voluntary manslaughter is usually carried out due to rage or the heat of the moment; these acts are never premeditated.

Rape

Rape has always been violent in nature and people found guilty of committing will face the charges of a category A felony. The type of penalties depend on the age of the victim. Nonetheless, all consequences include life imprisonment and a sex offender registration.

Kidnapping

Kidnapping is very complex when it comes to penalties that it can bring down. If the victim sustained injuries during the act, the kidnapping becomes a category A felony which should warrant life imprisonment. If the victim comes out unscathed, category B felony should be charged and this leads to life or 15 years of imprisonment with the possibility of parole after serving for five years.

Robbery

A robbery is also one of the violent crimes in Nevada that holds a category B felony. A minimum of two years and a maximum of 15 years of prison time shall ensue once charged to the accused.

It is only fitting that violent crimes in Nevada are reprimanded through harsh penalties as to serve as a reminder of their magnitude. Now, if you are currently charged with any of the crimes mentioned above and firmly believe that you are falsely accused, work with a Las Vegas criminal defense attorney to avoid the life-altering costs.