There are a variety of statutes applying to the right of self-defense in the State of Nevada. In order to protect oneself or others in their home, many of the laws establish a clear guideline or criteria for when self-defense or actions of force are justifiable. Whether it is legal under statutory criteria may not be easy to understand or apparent to those in the greater society, whether or not the use of force, especially in regard to deadly force is justified. It is essential to have a knowledgeable legal team on your side to assist in navigating the murky situation you are faced with if self-defense is involved in your criminal charge for instance. Today, we at Kajioka & Associates, Attorneys at Law would like to further discuss this subject.
Nevada Castle Doctrine
If an intruder seems dangerous and is putting occupants at risk, one may use force to protect their occupied home or vehicle in Nevada. ‘The legal principle allowing people to use force, or deadly force, against intruders putting those at risk in a currently occupied home or vehicle, victims or occupants of the property are not required to wait for said intruder to aim their gun, threaten verbally or partake in harmful actions,’ according to Castle Doctrine. In the event they have reason to believe the intruder intends to commit violence or harm those inside their property, those victims may proactively harm, or kill, an intruder should an intruder appear dangerous and a threat to an occupied home or vehicle. There are a number of statutory provisions that are relative or equal to that of a castle law though Nevada does not formally use the term ‘Castle Doctrine’. When threatened with death or bodily harm when in their own occupied home or vehicle, justifying a victim, resident, does not need to retreat or may use deadly force according to NRS 200.120, NRS 200.130 and NRS 200.160, all discuss the Castle Doctrine protection. To prevent harm or injury by an intruder, sufficient resistance may be made by the victim in danger.
NRS 193.240
– Of the invaded home at the time of invasion, prevents harm or offense against the individual, family members or occupants
– Using force to prevent any illegal attempts, to take property or those occupying the home or car in their lawful possession
Concerning unoccupied homes or cars, this Castle Doctrine has no application. A person does not have a legal right to kill or harm the intruder, even if they are invading their property if they see an intruder actively breaking into their unoccupied property, home or car, do not have a legal right to kill or harm the intruder. The action to take is immediately calling the police if an intruder is invading your empty home or car.
Protecting one’s right to defend their occupied home or vehicle against intruders, including the use of deadly force, when needed, the Castle Doctrine typically appears and applies to various laws within the greater United States. Castle laws or criteria in which this is applicable as each state within the United States has its own variations or combination of statutory provisions. Such provisions are given to individuals, equal or congruent to that of Castle laws in other states while this is not formally recognized under the term for Castle law in Nevada.
Nevada Statutory Provisions of NRS 200.120, NRS 200.130 & 41.095
The statutory provisions of NRS 200.120 and NRS 200.130 are relevant to the discussion of Castle law as mentioned. As long as the property is occupied at the time of the offense and that the other person or entrust tries to enter with an intent of harm or to commit crime these provisions define justifiable harm, violence or homicide as self-defense for an occupied home, dwelling or car. Also, another statute in Nevada provides additional protection from civil liability in such cases. NRS 41.095 defines damages for a civil lawsuit and recognizes that a person in their home, lodging or car may have a reasonable fear of harm or death when faced with an invasion of their property in a civil lawsuit for damages.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
If you need defense simply because you were defensing your home or vehicle in Nevada, call the experts of Kajioka & Associates, Attorneys at Law for a consultation.
