Guide to Understanding Nevada’s Self-Defense Laws
How do self-defense laws work in Nevada? Commonly known as the "castle doctrine," Nevada law requires a homeowner to first retreat from an intruder breaking into their home… unless the homeowner is physically unable to get away. If the homeowner makes a reasonable attempt to get away but cannot and defends him or herself against the intruder, they may use deadly force. If the homeowner does not try to get away, there is a rebuttable presumption that the intruder was not acting unlawfully… and the homeowner could end up having to go to trial to prove that he or she had no way to escape the situation. Without a rebuttable presumption , a person who reasonably fears for his or her safety may exercise the right to kill an attacker. The law says that a court or jury examining whether the shooting was legally justified will presume that the shooting was lawful. In other words, the law believes the shooting was done out of fear of imminent deadly physical force. The shooting will still be investigated, however, and the shooting must be required in order to prevent a criminal act against the shooter or his or her family.
Nevada’s Castle Doctrine Explained
The concept of "castle doctrine" is a well-established principle that allows a homeowner to use reasonable physical force in defense of their property from an intruder. Nevada law extends even further, protecting an individual who has a license or real property right to enter, and that person has no duty to retreat from their home prior to using reasonable force to defend the property.
However, certain requirements must still be met. The following describes castle doctrine as it applies to Nevada residents.
A person does not have a duty to retreat before using even deadly physical force against an aggressor if that person:
Retreat is not required if a person is in their home, vehicle, or business in Nevada, except under narrow circumstances when a person commits homicide or use of force likely to inflict great bodily injury, and this was subject to a lesser standard of necessity for self-defense.
A person outside their home who is threatened with death or serious bodily harm does not have a duty to retreat before using deadly physical force, but only a duty to do so if they can do so with complete safety. Also, any threat must be sufficient to cause the reasonable belief that he is in danger, and if it isn’t, then retreat is required.
Castle doctrine as it applies to Nevada is similar to other states, but the laws vary by jurisdiction.
The Stand Your Ground Doctrine in Nevada
Like many states, Nevada is a stand your ground state. In a nutshell, this means that if a person feels threatened or under attack, he may legally fight back if he believes it is necessary to protect his own safety and/or the safety of others. Most of the time you will be outside your home, but the principle is the same: You are under no duty to retreat or try to run away from an attacker if you feel your life—and/or the life of your loved ones—is in danger. This is different than the "castle doctrine," which allows you to protect yourself in your own home, but requires you to try to escape if you are attacked elsewhere. (The rules are a little different for police officers, who have no duty to retreat at all if they are on the job.) When standing your ground, all of the following conditions must be met: On rare occasions (and these are almost always associated with violent crimes), you can kill someone if you aren’t in any of those places. However, you must still be able to prove that you had a reasonable belief that you were in danger of great harm or death, and that you responded by using force commensurate with the threat.
Using Force For Self-Defense In Your Home
No attempt must be made to retreat beforehand to utilize force in a home or business (an exception to the general rule that a person must try to retreat from force before any defensive reaction). Reasonable force is permitted if a reasonable person would believe the situation calls for it; in other words, there is an immediate unlawful entry into a person’s home or business (or vehicle outside of business hours) and the person, by virtue of the immediate unlawful entry, is put in fear of immediate bodily harm. In those cases, the person may use the level of force that a reasonable person would believe to be justified. Force may be used against one committing a felony within the home or business such as theft, robbery or assault. Force is not justified if the person has the right to be there; residential intrusion with substantial harm to human life is imminent; or the person provokes the use of force against himself and directly or indirectly the provocation causes harm or threatens harm. Body language, gestures, weapons and unlawfully entering and attacking another person can each constitute sufficient provocation. The force used cannot be calculated to cause death or great bodily harm unless there is a reasonable belief that the use of force is necessary to protect against the use of deadly force.
Weapons and Other Tools in Nevada’s Self-Defense Laws
You might be surprised to learn that the use of firearms within one’s own home is treated differently than the use of deadly force outside of the home. For instance, deadly force used by a resident of a home against an unwelcome intruder (or a burglar) is presumed to be lawful in Nevada. Basically, the law presumes that a person forced his or her way into a dwelling with the intent to commit felony of violence or to cause bodily injury to a person inside the dwelling. Because the law presumes that use of deadly force used in self-defense is justified in such circumstances, residents of homes have less of an obligation to retreat from deadly force used by an intruder. As a result, individuals possessing and using firearms for protection in their homes are given greater leeway under Nevada law than if such individuals were outside of their homes.
Under Nevada law: a person who is a resident of a dwelling is presumed to have a reasonable fear of death or substantial bodily harm to himself or herself or a household member if that person sees an intruder entering the dwelling in an unlawful and forcible manner and the intruder uses or threatens to use force or violence against a person inside a dwelling. As a result, under Nevada law legal protections have been extended to persons who possess firearms and use deadly force to protect themselves in a home.
Another point worth addressing is whether individuals are legally permitted to carry concealed firearms while residing in neighborhoods characterized by high crime rates. In Nevada, the law specifically permits a private citizen to obtain a concealed carry permit based on sufficient reason to fear for one’s safety or the safety of one’s family, witnesses, or which servants. Similarly , the law recognizes that specific examples of sufficient cause to fear for one’s safety includes "evidence of a threat or previous attack against a person or a member of his or her family" in a neighborhood where a person lives. Notwithstanding the fact that thousands of individuals sustain gunshot wounds each year due to accidental discharges or inept handling of firearms, judges in Nevada recognize an individual’s right to carry a concealed firearm while traveling through what he or she considers to be a high crime area in Las Vegas or other parts of Clark County.
A "person" (aka a resident of Nevada over the age of 21 who has never been convicted of a violent crime and who is not a suspected user of drugs or alcohol) who obtains a carrying concealed weapon permit is allowed to carry a firearm concealed about his or her person in a public place. In accordance with an amendment to the existing statute, a concealed carry permit holder can carry a concealed firearm outside the residency or workplace of that person if that person (a) has cause to fear for the person’s safety or the safety of a member of his or her family and (b) makes a request for assistance to the nearest law enforcement agency or its designee before requesting the assistance if there is a reasonable belief that a crime will occur.
In the event that a residential structure is located in a neighborhood where it is deemed likely that strangers would not normally be present, as could be the case in areas where criminal activity is prevalent, carrying a concealed firearm while on your own property in a desert area, or in areas that are subject to ambush or predatory attacks or where you are a victim of stalking or harassment, you would be well-advised to contact a reliable Las Vegas criminal defense attorney familiar with gun laws before carrying a concealed firearm around your property.
Repercussions For Unlawful Uses of Force in Home Defense
In Nevada, there are a number of factors that can affect the legal outcome of a home invasion shooting case. If the shooter is charged with a crime, whether a felony or a misdemeanor, it will be very important to show the police and the prosecutors that the shooter was justified in using deadly force in self-defense against the intruder. Even if the shooter is never charged with a crime in the first place, that does not necessarily rule out the threat of a wrongful death lawsuit from the homeowner’s family members.
Many trespassers who commit violent acts while on someone else’s property cannot be sued because they are judgment-proof. Their family members can sue homeowners in civil court for injuries the intruders sustained in the shooting, but they are not likely to win if the shooter was justified in using deadly force.
Generally, the more violent and aggressive the home intruder proves to be, the stronger the legal case for the shooting homeowner becomes. If the home invader has committed multiple violent or sex crimes in the past, and is not mentally challenged, it will be all the easier for the shooting homeowner to justify deadly force.
The Nevada Self-Defense Laws blog posts about what constitutes felony or misdemeanor assault, battery, and other so-called "crimes against persons." But crimes against property are also a concern, and trespassing is a serious offense as well.
High-Profile Nevada Home Defense Cases
While there are many examples of home defense used successfully in the state of Nevada, few have gone to court. It’s important to remember that every situation is different, and how a case was handled in the past may not apply to current statutes. That said, examining how some home defense cases have been adjudicated can provide more insight into this complex area of the law. A notable Nevada home defense case involved the shooting death of a home intruder. The suspect attempted to break into the home of 73-year-old Betty Kreste, who thought she heard intruders breaking into her neighbor’s house. The suspect was unarmed and had a history of being under the influence. Kreste activated her home defense alarm, grabbed her firearm, and began firing at the suspect as he attempted to gain entry into her home. She shot the suspect once in the ear and once in the leg. He was treated for his injuries but survived. Kreste was charged with attempted murder with use of a deadly weapon and other charges. However, these charges were dropped, and neither Kreste nor her firearm were confiscated by police. Kreste was justified under Nevada law for using her firearm to protect herself and her property from the home invader and shouldered no legal liability for her actions. The case of State v. Hayes involved a shooter who used a shotgun to kill the man that he believed was attempting to steal his truck. This case was extremely unfortunate because Hayes, the homeowner, had just finished working on his pickup and was displaying it to the man who came to his home to use a saw to steal the wooden pallets from Hayes’ home. Furthermore, while Hayes did believe that he was in the process of being robbed by the man in his driveway, the court found that he was not justified in using deadly force against his property when the man was clearly attempting to steal the pallets. the only noted wrongdoing by the pallet thief was stealing the pallets, which was theft of property, not larceny of a person’s property. The court found in this case that Hayes was not justified in shooting, and he was sentenced to 90 days in jail and paid a fine that amounted to approximately $1,300.
Take These Steps For Legally Defending Your Home
In addition to understanding the relevant laws, there are several practical steps that homeowners can take to be better prepared for any potential home defense situation under the current laws in Nevada.
Support Local Law Enforcement – As with most home safety issues, homeowners should be in close contact with their local police department. When responding to a home invasion, law enforcement always appreciates any support and intelligence from homeowners. Doing so can significantly increase the safety of all parties involved.
Consult with Local Defense Attorneys – Any homeowner has significant rights when it comes to defending their home from an intruder, however, it is important that the full extent of such rights, and the limitations of them, are well understood. Therefore, it is always advisable to meet with a local defense attorney to help discuss the applicable laws and how they apply to your individual situation.
Install Security Systems – Today’s security systems can both provide an early-warning system and assist in creating an unwelcoming environment for potential home invaders. Homeowners can easily place a ring doorbell or traditional security cameras to monitor potential threats outside of the home. These devices can also help identify an intruder before they can gain access to the home. Many times , a loud alarm system or flashing lights will deter any potential intruder from entering into a home.
Secure all Access Points – It is never a good idea to leave windows and doors unlocked when the family is inside the house, especially at night. Also, all doors and windows should be secure from being opened from the outside. Traditionally, older homes and apartment complexes have very weak locking systems on their doors and windows. Make sure to immediately replace any ancient locks with newer, more secure locks.
Communicate with Family Members – It is essential that all members of the family know about the safety laws that apply in the event of an intruder entering into the home. Moreover, it is important that each family member knows what their roles are if a home invasion occurs. For example, it is important to designate a rally point, where family members can gather in the event of an intruder entering into the home. It is also important to have a designated emergency route to exit the home, especially if the family has children that may impede a full evacuation of the home.
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