Blogs from May, 2018

In typical homicide cases, the court must prove that your intentional actions directly caused the death of another human being. In certain cases, however, self-defense serves as a viable defense to homicide. Below, we discuss the details surrounding homicide and self-defense, as well as when the defense is applicable in court.

How Nevada Defines Homicide

Similar to other states across the country, Nevada defines homicide, or murder, as the unlawful killing of another human being. There are two different classifications of the crime – first-degree murder and second-degree murder.

• First-degree murder is premeditated or occurs while someone commits another felony, such as robbery or burglary.
• Second-degree murder occurs unintentionally, often as a result of negligent or reckless behavior by the person accused.

How Nevada Defines Self-Defense

Nevada law defines self-defense as a physical act used in response to immediate threat or danger, and may or may not include the use of a weapon. Self-defense is legal in Nevada if and when the defender believes they are facing serious bodily harm, and does not use more force than required to protect themselves from the aggressor.

When a Self-Defense Case Is Applicable

According to NRS 200.200, you must prove the following in order to successfully claim that you acted in self-defense against your homicide charges:

• The assailant was so threatening and dangerous that, in order to save yourself from bodily harm or death, killing was absolutely necessary.
• The assailant was killed, or you attempted to end the struggle before using final, deadly force on the deceased.

Unlike other states, Nevada does not require you to retreat from the conflict. Even if you have the opportunity to do so, you have no “duty to retreat.”

When a Self-Defense Case Is Not Applicable

There are a number of situations in which self-defense is not an applicable defense against murder charges. Some of these reasons are:

• You were the initial aggressor in the situation.
• You were not in immediate physical danger.
• You were at the location legally and were not committing any crime at the time of the event.
• Your level of force was beyond that of the aggressor, or beyond that of a reasonable person.

Nevada is known as an “affirmative defense” state, which means the court recognizes your right to defend yourself or others. Therefore, the state must prove beyond a reasonable doubt that you were not acting in self-defense – or that your self-defense was unlawful – in order to convict you of homicide. The prosecutor will attempt to use evidence, such as video footage, eye-witness testimonies, or medical testimony to disprove self-defense.

Contact Our Reno Criminal Defense Attorney

Our Reno criminal defense attorney can help you fight your homicide charges. Our criminal defense lawyer, Kenneth A. Stover, has represented clients in over 70 different Nevada courts and has more than 20 years of experience.

Talk to our Reno criminal defense lawyer today at the Law Offices of Kenneth A. Stover: (775) 502-1575.

We’ve created a list of 5 apps to help get you home safe after a night on the town. Read on to find the best one for you!

1.ENDUI

Created by the Maryland Motor Vehicle Administration in 2014, ENDUI allows you to track the number of drinks and the amount of alcohol you have consumed. Additionally, you can input information about your body type, and the app will calculate a blood alcohol concentration (BAC) estimate. Although not 100% accurate, the calculator will give you an idea of how your body burns alcohol.

Additionally, the app allows you to input the contact information of a designated driver and has a “call a cab” function. ENDUI also has fun games and response tests, so you can see how alcohol affects your responsiveness. Finally, the app allows you to report drunk drivers to local authorities.

ENDUI is available for free download on iOS and Android devices.

2.Have a Plan

Published by Element Creative LLC in 2014, Have a Plan is very similar to ENDUI. Using GPS-activated software, you inform a cab or sober driver of your location. The app features a drink tracker and BAC estimate calculator for your convenience.

Have a Plan also offers a “test your skills” reflex function created specifically to help those looking to walk home determine if it is a safe option. It also has pre-downloaded myths and facts about DUIs and allows you to report a drunk driver within the app.

Have a Plan is available for free download on iOS, Android, and Windows devices.

3.SaferRide

If you find yourself too inebriated to operate a complex app, SaferRide is for you. Created by the National Highway Traffic Safety Administration, the app features three simple buttons: “get taxi,” “call friend,” and “where am I?” This requires minimal thinking to use, which can be handy when under the influence. SaferRide list taxis immediately available in your area, and features a simple click-to-call button for each. You also have the ability to call a preloaded friend and share your GPS location with a simple click.

SaferRide is available for free download on Android and iOS devices.

4.Breathometer

Unlike other BAC calculators, Breathometer has an optional attachment that allows you to more accurately test your BAC level. The breathalyzer attachment works with an audio jack or via Bluetooth, and tells you not only your current BAC but the length of time it will take your body to burn off all of the alcohol. Additionally, the app menu has a “get home safe” feature that will share your location with a friend, taxi or Uber driver.

The app is available for free download on iOS and Android devices, but the attachment is a separate purchase.

5.StearClear

StearClear is a service that not only gets you home safely but contacts a one-way driver to drive your vehicle home. No more worrying about getting to your car the next day, or leaving it unattended. The app allows you to schedule your taxi or black car service through messaging and sends the driver your exact GPS location.

StearClear is sold by Dashride, Inc., and is available for free download on iOS and Android devices.

If You Are Arrested for a DUI, Don’t Panic. Call Kenneth A. Stover Now – (775) 502-1575.

Although helpful, apps and travel breathalyzers can sometimes falsely assure you of your ability to drive. If you are arrested for drinking and driving, contact our Reno DUI defense lawyer at the Law Office of Kenneth A. Stover. Our attorney has practiced law for more than 20 years and, as a former prosecutor, has insider knowledge that can help you build a stronger defense for your case.

Don’t risk your future over one too many drinks. Contact our Reno DUI defense lawyer at the Law Offices of Kenneth A. Stover: (775) 502-1575.