Nevada is a “stand your ground” state, which means that under certain conditions, individuals have no legal duty to retreat before using force—including deadly force—in self-defense or in defense of others.
Key Features of Nevada’s Stand Your Ground Law
- No Duty to Retreat: If you are lawfully present in a location and not the initial aggressor, you are not required to attempt to retreat or escape from a threat before using force.
- Use of Force: You may use non-lethal or lethal force in self-defense if you reasonably believe that you or another person is in imminent danger of death or serious bodily harm.
- Reasonable Belief: The threat must be immediate and pressing, and your response must be reasonable and proportional to the danger faced.
- Not the Aggressor: You cannot claim self-defense if you were the one who started the confrontation or were engaged in criminal activity at the time.
- Defense of Others: The law extends to defending others, such as family members or anyone in your presence who is under threat.
- Defense of Property: Using deadly force to defend property is generally only permitted under the “Castle Doctrine,” which allows the use of deadly force against intruders in your home if you reasonably believe they are attempting to commit a felony (even if not an immediate threat to your person).
Important Conditions and Limitations
- Justifiable Homicide: Killing in self-defense is only lawful if the danger was urgent and pressing, you faced death or major bodily harm, a reasonable person in your position would also fear for their safety, and you were not acting out of revenge.
- Not Just “Bare Fear”: A mere fear of being hurt is not enough to justify deadly force; the threat must be objectively reasonable and imminent.
- Property Protection: For property, you may use reasonable and proportional non-lethal force to stop or prevent trespass or vandalism. Deadly force is only justified if you reasonably believe the intruder poses an imminent threat of violence.
Comparison: Stand Your Ground vs. Castle Doctrine
| Feature | Stand Your Ground (Public) | Castle Doctrine (Home) |
|---|---|---|
| Duty to Retreat | No | No |
| Where Applicable | Anywhere you have a right to be | Home (and sometimes vehicle) |
| Use of Deadly Force | If imminent threat of death/serious harm | If intruder is committing a felony or poses a threat |
| Defense of Property | Generally limited to non-lethal force | Deadly force may be justified if felony is suspecte |
Nevada’s stand your ground law allows individuals to use force—including deadly force—in self-defense or defense of others without a duty to retreat, as long as they are not the aggressor, are lawfully present, and reasonably believe there is an imminent threat of death or serious bodily harm. The law is nuanced and each situation is evaluated on its specific facts. If you use force, especially deadly force, you must be able to demonstrate that your actions were reasonable and necessary under the circumstances.
Sources
[1] https://giffords.org/lawcenter/state-laws/stand-your-ground-in-nevada/
[2] https://www.lvcriminaldefense.com/nevadas-self-defense-and-stand-your-ground-laws/
[3] https://en.wikipedia.org/wiki/Stand-your-ground_law
[4] https://www.ateaselaw.com/blog/2022/08/what-you-need-to-know-about-stand-your-ground-laws-in-nevada/
[5] https://thedefenders.net/blogs/self-defense-in-nevada/
