For those who been watching the news, our world is growing more and more unsettled every day. As a concerned citizen, many people wonder what their rights are when it come to the defense of their home, family and lives. In Nevada, we have “Stand your Ground” Laws and “No Duty to Retreat”. For those who want to fully understand these laws, Kajioka & Associates Attorneys At Law will break down the stand your ground and no duty to retreat laws.
Stand Your Ground in Practice
All residences of Nevada needs to know their rights under the “stand your ground” and “no duty to retreat” laws. Nevada is one of 35 states that has “stand your ground” that extend to self-defense. The “stand your ground” law enable a person who is being threatened with bodily harm or death the right to defend themselves. Accompanied with the “no duty to retreat” means just that—you can defend yourself without the obligation to retreat first. In some states, the law dictates that a person must first retreat from a threat rather than engaging. However, that is not the case in Nevada. It is recognized that circumstances to retreat isn’t always present. Whether or not non-deadly or deadly force is used, Nevada laws protect a person in defense of themselves if deemed justifiable. There are some factors that must be present, however, to be deemed justifiable.
• Non-Deadly Force – The necessary use of force in self-defense when you are facing immediate threat of bodily harm. Nevada laws can help protect a person who uses force to protect themselves or someone else. Non-deadly force is legal and can be used when: An aggressor has displayed the intent to do bodily harm and the force used in self-defense must be necessary for protection of you or others.
• Deadly Force – Justifiable homicide is the use of deadly force in self-defense.
Stand Your Ground & Deadly Force
When you are in self-defense of yourself and there was the use of deadly force, there are a few situations where this will be considered justifiable homicide under Nevada “stand your ground” laws. When there is a threat of personal injury, bodily harm or death, and action was taken, certain elements must be present to make it self-defense. First, you must not have been the aggressor. Second, you must legally be allowed on the property where action was taken. Third, you must not be currently be involved in a crime or criminal activity during the time action was taken. Situations where Nevada laws allow the use of deadly or non-deadly force to be taken may also depend on what is surrounding the event or situation. Some examples where the use of deadly or non-deadly force can be taken are assault, battery, domestic violence, during a home invasion, and attempt of murder.
Castle Doctrine VS Stand Your Ground Laws
Castle doctrine, or also known as castle law, is another Nevada law that allows for non-deadly and deadly force to be taken in self-defense. However, castle doctrine is when a homeowner has the right to deadly force inside their home and property. If a person enters the property without permission you have the right to protect yourself. Stand your ground is different as it provides Nevada residents the right to protect themselves outside their home and as long as the right circumstances are present.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
If you find yourself in the position where you need defense when you were standing your ground and are now under questioning, contact Kajioka & Associates Attorneys At Law today.