According to Foxnews, a Las Vegas homeowner shot and killed an intruder who was attempting to break into his home with two other individuals. The man who had reportedly been a burglary victim recently was home with his wife and children at the time of the attempted break in. The homeowner reportedly retrieved a handgun from his bedroom before opening fire on the intruders. One of the intruders died of his wounds, another was injured in a motor vehicle accident with a police officer who arrived at the scene. A third suspect remains at large.
This incident comes at a time when the debate regarding the role of guns in our society is raging among our lawmakers and in the media. At this time it appears that the homeowner will not face any charges as a result of his actions. While the use of deadly force should always be a last resort, Nevada law does provide fairly broad protections for people to defend themselves. For example, Nevada has some of the least restrictive gun laws in the nation allowing for both open and concealed carry of firearms. Although, concealed carrying of firearms in Nevada requires a permit and is subject to a variety of limitations. Additionally, Nevada law does not require a victim to retreat from an unprovoked attack. Further, Nevada statute NRS 41.095 provides for the legal presumption that it is reasonable for a person who is lawfully in their home to use deadly force against an intruder or person attempting to break in. However, in spite of Nevada laws meant to protect the rights of citizens to defend themselves, there are often gray areas where Nevadans can face prosecution for the use of deadly force in self defense. For example, determining whether a person was in reasonable fear of imminent death or bodily harm can largely be a matter of opinion. Further, the decision on whether to pursue charges against a person claiming self defense is often left up to the local District Attorney who can be subject to immense political pressure to do so (as in the Trayvon Martin case). Persons claiming self defense can also find themselves in serious trouble if it is unclear as to who the initial aggressor was or in situations where the victim knew the aggressor as in domestic violence situations.
Nevadans who use deadly force in self defense should cooperate with law enforcement, but should not answer questions without first seeking the advice of a competent criminal defense attorney. If you are facing criminal charges relating to the use of deadly force in self defense, or any other criminal charges, you should contact an attorney immediately. The attorneys at Connor & Connor Pllc are ready to defend Nevadans facing criminal charges in either state or federal court. We serve clients from all socioeconomic levels of our community and we will fight the charges with everything in our power to make sure your rights are protected. Our rates are reasonable and we are willing to negotiate payment plans if necessary on a case by case basis. Unlike some law firms, Connor & Connor Pllc is able to accept payment by credit or debit card. All funds will be placed in our client trust account until earned by the attorney working the case. If you are facing criminal charges, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a free consultation. You may contact the firm at firstname.lastname@example.org, (702) 750-9139 or visit www.connorpllc.com. You may also visit the firm's page on Facebook at http://www.facebook.com/#!/ConnorConnorPllc.