Attempted murder

Attempted murder has two elements the prosecution must prove beyond a reasonable doubt. First, specific intent to kill. Second, a direct act taken toward carrying out that killing. Both have to be present. Neither alone is enough.

The intent element is where most of the defense work happens. Specific intent to kill is different from intent to harm, intent to threaten, or acting recklessly. A person who fires a gun in a direction, hits someone with an object, or attacks someone in a rage may not have formed a specific intent to cause death, even if the act was dangerous and criminal.

The "direct act" element filters out preparation. Buying a weapon, making threats, or driving to a location is not attempted murder. The defendant has to have crossed from planning into action, with an act that directly moves toward completing the killing. Where exactly that line falls is a question for the jury, and it's contested in many cases.

The base sentence for attempted murder is 2 to 20 years. But in most cases involving a firearm or other weapon, Nevada's deadly weapon enhancement adds another 1 to 20 years, which runs consecutively and is added to the base sentence (NRS 193.165, NRS 176.035). The lowest possible combined minimum before parole eligibility is 3 years: 2 on the base term plus 1 on the enhancement.

The elderly victim enhancement works the same way: an additional consecutive 1 to 20 years when the victim was 60 or older. Multiple enhancements can apply at once, each running consecutively and added to the total.

Poison cases are handled differently. Attempted murder by poison doesn't follow the same sentencing track. It carries life in prison or a fifteen-year definite term, either with parole eligibility after five years. That puts it in a different range than a standard attempted murder.

An attempted murder charge is not locked in until the case resolves. If the victim's condition deteriorates and they die, whether days, weeks, or months after the incident, the prosecution will seek to upgrade the charge to murder. That's a Category A felony with potential life in prison.

The defense has to build its strategy around the attempted murder charge while also planning for the possibility that the charge changes. Evidence preservation, witness interviews, and medical record documentation need to happen right away, not after the charge is finalized.

When the victim is hospitalized with serious injuries, the investigation period is when this work has to get done. What gets documented and preserved before the charge is upgraded determines what the defense has to work with at trial.

Don't give a statement to law enforcement. Attempted murder investigations happen fast. Detectives will reach out while things are still fluid, and anything you say gets used to establish intent. Intent is the element they most need to prove. Don't hand it to them.

If you acted in self-defense, preserve everything that establishes what you knew and what you saw before you acted. Text messages, prior threats, security footage, and witnesses are all relevant to the reasonableness of your belief that force was necessary.

Call 702-990-0190 for a case review, usually the same business day. These charges carry 20-year prison exposure before enhancements, and they can escalate. The sooner the defense starts, the more options exist.

Once your case resolves, you may be eligible to seal the record, which removes it from background checks. If you were convicted and believe legal errors occurred at trial, an appeal may be an option.