For a defendant to be tried for voluntary manslaughter
in Nevada, they must be provoked to an extent that they cannot contain
their intense rage towards a person. Provocation is one of the essential elements
the court looks into to decide if the person is guilty of either a voluntary
manslaughter or involuntary manslaughter which has heavier penalties than the
former.
In this post, we will learn more about this type of Nevada murder homicide
and how provocation is legally defined.
What is manslaughter in Nevada?
There are two types of manslaughter in Nevada. First is the
involuntary manslaughter where the killing of a person was done accidentally
and without malice although death is expected during the act. The second form
of manslaughter is voluntary manslaughter, where the person was driven by
passion in committing the murder. Both manslaughter cases entail weighty felony
charges and guarantee a prison time of one to 10 years.
What counts as provocation in Nevada?
One key element in proving that a Nevada murder homicide
is, in fact, a voluntary manslaughter is the provocation done to the defendant.
This can be a serious bodily harm or an event that triggers extreme emotional
response such as adultery.
It cannot be voluntary manslaughter if there was a “cooling off”
period in the entirety of the crime, even if the defendant was first provoked.
For example, a neighbor throws a brick to the head of a man’s son. Out of rage
of the son getting hit, the man killed the neighbor a week after the encounter.
This is simply premeditated murder. Voluntary manslaughter is also called a
“heat of passion” crime because it thrusts the person to a blind killing rage
after the provocation.
Now, the Nevada Revised Statutes (NRS)
section 200.490 provides provocation
definition as “a sign or gesture” meant to disrupt peace. When it comes
to Nevada murder homicide
cases, provocation can go beyond signals and be something actually hurtful to
the defendant. NRS
200.040 states that provocation must be “sufficient to make the passion
irresistible, or involuntary, in the commission of an unlawful act.”
A lot of people commit voluntary manslaughter in Nevada due to uncontainable
violent impulse. If you believe that this is your case, get the aid of a
Las Vegas criminal defense attorney who is well-versed about types of manslaughter
in the state to ensure that you do not get convicted at all!