Nevada’s statutes allow citizens to defend themselves if they are threatened by another person, even if they have the chance to escape. The state is one of several others with a stand-your-ground-with-no-duty-to-retreat law, which can dismiss a criminal charge so long as the act was committed in legitimate self-defense. However, the defendant must be able to justify it as such; otherwise, they can be convicted as normal.
There are at least five factors to justify self-defense in Las Vegas. These factors are listed below:
The Defendant Was Not First
Self-defense implies that another party acted first. In this case, an act can be justified as self-defense if the defendant was not the one who initiated hostilities. The defense must prove that the aggressor acted first, either by threatening the defendant and clearly showing intent to do violence, or by immediately attacking the defendant.
Immediate Threat
Self-defense implies that there was an imminent threat looming. The defendant must prove that the other party intended to harm or kill them at the time of the act. Without the intent to immediately harm, the defendant may come off instead as being excessively paranoid and acting aggressively without observing the situation first.
Right to the Domain
The defendant must prove that the act was committed in a location where the defendant had the right to act in self-defense. This usually involves their home or workplace. This factor can come into play in situations where the intent to immediately harm is not readily apparent from the assailant. Home and office invasions usually fall under this category.
Not Related to a Crime
The defendant must prove that they were not accosted by the aggressor while the former was committing a different crime. For example, if the aggressor assaulted the defendant while they were in the act of stealing another person’s car, the defendant cannot claim that they were acting in self-defense. Domestic violence and cases and sex crimes can also fall under this category.
Proportionate Force
An act of violence can only count as self-defense if it was proportionate to the aggressor’s initial hostility. The aim must always be to incapacitate the aggressor and promptly remove the threat they pose to the defendant. Going above and beyond that is grounds for a charge of aggravated assault. Should the aggressor die in the attempt, the defendant must prove that the aggressor posed a serious enough threat that deadly force was the only reasonable way to deal with them. Otherwise, the defendant risks facing a homicide or murder charge, depending on the circumstances.
These factors alone do not determine whether or not an act of self-defense is justified. Nonetheless, they offer a clear picture of how state courts define self-defense. Keep these in mind if you ever end up in such a situation in the future.