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SPD Case information
The Clark County Special Public Defender's office currently handles Murder and CAT A Felony matters. These charges carry with them a possible sentence of life and death as Nevada is currently a death penalty state. Murder and CAT A felonies are more thoroughly defined below based on the actual charge.
- Murder is defined by Nevada Revised Statutes 200.010 and the Statutes that follow. An "open murder" information or indictment charges Murder in the First Degree and all necessarily included offenses. These would include Murder in the Second Degree and possibly Voluntary Manslaughter and Involuntary Manslaughter based upon the specific facts of the case.
- Nevada also allows for a conviction of Murder under a "felony murder" theory. Under such a theory if a death occurs during the commission of a felony, even if unintentional, it may be prosecuted as a murder.
- Defenses to Murder charges, as with any criminal charge, are case specific. A person charged with murder should candidly work with their attorney to determine what defense(s) would be available in their case.
- Nevada is a death penalty state. If the Death penalty is not sought, penalties for First degree murder in Nevada are either (1) life without the possibility of parole; (2) life with the eligibility of parole after 20 years have been served ; or (3) a definite term of 50 years with eligibility for parole after 20 years have been served. Penalties for Second degree murder are either (1) life with the eligibility for parole after 10 years; or (2) a definite term of 25 years with the eligibility for parole after 10 years have been served.
SEXUAL ASSAULT -- NRS 200.366 With substantial bodily harm to the victim: Possible sentence of life without the possibility of parole or life with eligibility for parole after 15 years have been served. If no substantial bodily harm to the victim: Life with eligibility for parole after 10 years have been served.
SEXUAL ASSAULT AGAINST A CHILD With substantial bodily harm to the child: Mandatory life without eligibility for parole. If no substantial bodily harm: Life with eligibility for parole after 25 years in prison. If child under 14: Life with eligibility for parole after 35 years in prison.
KIDNAPPING -- NRS 200.310 A person who willfully seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away a person by any means whatsoever with the intent to hold or detain, or who holds or detains, the person for ransom, or reward, or for the purpose of committing sexual assault, extortion or robbery upon or from the person, or for the purpose of killing the person or inflicting substantial bodily harm upon the person, or to exact from relatives, friends, or any other person any money or valuable thing for the return or disposition of the kidnapped person, and a person who leads, takes, entices, or carries away or detains any minor with the intent to keep, imprison, or confine the minor from his or her parents, guardians, or any other person having lawful custody of the minor, or with the intent to hold the minor to unlawful service, or perpetrate upon the person of the minor any unlawful act is guilty of kidnapping in the first degree.
- With substantial bodily harm: Life without the possibility of parole; Life with eligibility for parole after 15 years served; a term of 40 years with parole eligibility after 15 years.
- Without substantial bodily harm: Life with eligibility for parole after five years served; or a term of 15 years with parole eligibility after five years served.
INVOLUNTARY SERVITUDE OF MINORS –NRS 200.4631 A person who has physical custody of a minor, allows a minor to reside in his or her residence, is in a position of authority over a minor or provides care for any length of time to a minor and who knowingly:(a) Obtains labor or services from the minor by causing or threatening to cause serious harm to the minor or by engaging in a pattern of conduct that results in physical injury to the minor, sexual abuse of the minor or sexual assault of the minor pursuant to NRS 200.366; or(b) Benefits, financially or by receiving anything of value other than sexual gratification from the labor or services obtained by the conduct specified in paragraph (a) is punishable by a sentence of Life with the eligibility for parole after 15 years.
TRAFFICKING IN CONTROLLED SUBSTANCES – NRS 453.3395 A person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of any controlled substance which is listed in schedule II or any mixture which contains any such controlled substance shall be punished (if the quantity involved is 400 grams or more) by a sentence of:
- Life with the eligibility for parole after five (5) years or;
- A term of 15 years with eligibility for parole after five (5) years have been served.