Capital Murder in Las Vegas, Nevada is a 1st Degree Murder offense, where aggravating circumstances are present, which allows the District Attorney to seek the death penalty. The District Attorney’s Office must give notice to the defendant and his attorney that they are seeking the death penalty. Nevada Revised Statute “NRS” 200.033 details “aggravating” circumstances in a murder which can be used to bring forth a death penalty case.
For example, some of the following would be considered “aggravating” circumstances: murder committed by a prisoner, murder was committed by use of a device which could harm multiple people, murder was committed during the commission of a violent felony, murder was committed to avoid arrest or escape from police custody, murder was committed for financial gain, the murder of a police officer or firefighter during the course of their official duty, murder involved torture, the murder of a person less than 14 years old, murder was committed because of the victim’s race, religion or sexual orientation or the murder was committed in furtherance of an act of terrorism.
If convicted of Capital Murder, the defendant is not automatically sentenced to death. A sentencing hearing is conducted where the jury will be presented the aggravating and mitigating circumstances of the offense. At the conclusion of the hearing the jury will make the determination if the defendant shall receive the death penalty. They must come to unanimous verdict. In Nevada, the mentally disabled and anyone under 18 years old, at the time of the offense, cannot be sentenced to death. Experience and insight into the criminal justice system is one of the many reasons why Las Vegas Criminal Defense Attorney Michael A. Troiano will provide an effective and efficient legal defense to protect your rights.