On This Page
WHAT IS FELONY MURDER IN NEVADA?
Felony murder occurs when a person is killed during the commission of certain dangerous felonies — such as robbery, burglary, kidnapping, arson, or sexual assault — regardless of whether the defendant intended to kill anyone. All participants in the underlying felony can be charged with murder.
WHAT THE PROSECUTION MUST PROVE
To convict you of Felony Murder in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant was committing or attempting to commit a specified dangerous felony
A person was killed during the commission of that felony
There was a causal connection between the felony and the death
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR FELONY MURDER IN NEVADA
Felony Murder (First Degree)
Category A felony. Life in prison with possibility of parole after 20 years, life without parole, or death penalty if aggravating circumstances exist.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending felony murder charges
Felony murder is one of the most aggressively prosecuted charges in Nevada because the prosecution doesn't need to prove you intended to kill anyone — only that a death occurred during a felony you participated in.
The key defense strategy is often attacking the underlying felony itself. If the predicate felony can be defeated, the felony murder charge collapses with it.
Co-defendant dynamics are critical. If multiple people are charged, the prosecution will try to flip one defendant against the others. Having your own attorney from day one is essential.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO FELONY MURDER
Every case is unique, but these are the defenses most commonly raised in felony murder cases in Nevada:
The underlying felony was not committed
The death was not causally connected to the felony
The defendant withdrew from the felony before the death occurred
Insufficient evidence linking defendant to the scene