Understanding the Firearm Felony Defense Stand Your Ground Strategy

When a person uses a firearm in self-defense, the legal outcome depends on how well their actions fit within Nevada’s stand-your-ground laws. These laws allow individuals to use deadly force without a duty to retreat when they reasonably believe it’s necessary to prevent serious bodily harm or death.

At The Defense Firm, our firearm felony defense attorneys have extensive experience handling complex cases involving stand-your-ground defenses, castle doctrine claims, and accusations of aggravated assault or attempted murder arising from armed self-defense situations. We help clients assert their rights, navigate criminal law, and present compelling evidence that their actions were lawful and justified under Nevada statutes.

Understanding Firearm Felony Defense: Stand Your Ground Strategy in Nevada Laws

Unlike some states that impose a duty to retreat, Nevada follows a stand-your-ground principle, meaning you are not required to flee when faced with an imminent threat in a place where you have a legal right to be.

Under Nevada law (NRS 200.120), a person may use lethal force to defend themselves if:

• They reasonably believe they face serious bodily harm or death.
• They are not the initial aggressor.
• They are in a place where they are lawfully present.

This protection extends to homes, vehicles, and public areas—but it is not unlimited. Misunderstanding these conditions can turn a claim of self-defense into a felony firearm charge. In Nevada, self-defense is considered an affirmative defense, which must be raised and proven in court to justify the use of force.

The Castle Doctrine and Home Protection

Nevada’s castle doctrine complements the stand-your-ground statute, giving residents the right to use deadly force to defend themselves in their own homes against unlawful entry or threats of violence. This means that a person has the legal right to defend himself or her own home without a duty to retreat when faced with such threats.

Under the castle doctrine, if an intruder forcibly enters your residence, you are presumed to have a reasonable fear of imminent danger, which strengthens your defense. However, excessive or unjustified use of deadly force—for example, shooting someone who was retreating—can still lead to criminal prosecution.

When Stand-Your-Ground Defense Applies

A stand-your-ground defense is most often used in cases involving:

• Firearm-related homicides are deemed justifiable.
• Aggravated assault or attempted murder charges following a shooting.
• Defensive actions during a home invasion, carjacking, or robbery.
• Situations where the victim initiated the confrontation.

If the evidence shows you reasonably believed your life—or someone else’s—was in danger, your attorney can argue for dismissal, reduction of charges, or a not-guilty verdict. Self-defense claims under stand-your-ground laws are frequently scrutinized in these types of cases.

Stand-Your-Ground vs. Traditional Self-Defense

Traditional self-defense laws often impose a duty to retreat if it can be done safely. In other words, these laws require a person to safely retreat from a confrontation before using force, if such retreat is possible. Stand-your-ground laws, however, remove this requirement.

The key difference lies in your right to remain: under Nevada’s ground law, you may lawfully stand your ground and respond with proportionate force rather than withdrawing. This doctrine applies to both public and private spaces, provided you were not engaged in criminal activity.

Legal Limits of the Law

While Nevada provides broad protection, stand-your-ground statutes are not absolute. Legal protections may not apply if:

• You used excessive force beyond what was necessary.
• You initiated or provoked the conflict.
• You fired a weapon while committing another crime.
• You were in a prohibited area (such as a school zone or government property).

The line between defense and aggression can be thin, making skilled legal representation critical in proving your case.

Proving Self-Defense in Firearm Felony Cases

To successfully claim self-defense, your attorney must establish:

1. Imminent threat – that you reasonably believed you faced death or serious injury.
2. Proportional response – the level of deadly force was justified by the threat.
3. No duty to retreat – you had a right to remain in that location.
4. Lack of aggression – you did not provoke or escalate the situation.

Evidence such as surveillance footage, eyewitness statements, and ballistic reports often determines whether the act was justified.

Common Scenarios Involving Firearm Defense

• Home defense against intruders.
• Parking-lot confrontations escalating into violence.
• Road-rage incidents involving firearms.
• Business owners protect their property from theft or attack.
• Victims of stalking or harassment defending themselves.

These scenarios frequently involve private citizens who must make split-second decisions about self-defense.

Each case depends heavily on the circumstances, available evidence, and how law enforcement interprets the use of deadly force.

Impact of Gun Violence and First Laws on Communities

The introduction of stand your ground laws—sometimes called shoot first laws—has had a significant impact on communities across the United States. Research and data from the FBI’s Supplementary Homicide Reports show that in stand your ground states, homicides deemed justifiable have risen by 55%, with a particularly disproportionate effect on Black victims. These ground laws, intended to strengthen self-defense rights, have also been linked to increases in aggravated assault and firearm homicides, raising concerns about their broader impact on public safety.

Investigative reporting by the Tampa Bay Times has highlighted cases where ground self-defense laws were misapplied, resulting in tragic outcomes and sparking debate about the effectiveness of such laws. Organizations like the American Legislative Exchange Council and the National Rifle Association have played a major role in promoting stand your ground statutes, leading to their adoption in over 30 states, including Florida, South Carolina, and South Dakota.

However, evidence suggests that these laws do not always provide equal protection for all. Vulnerable populations, including women and communities of color, often face greater risks under stand your ground laws. Studies indicate that these laws may actually increase the likelihood of gun violence and firearm homicides in these communities, rather than offering the intended protection. As a result, many experts and advocates are calling for a careful re-examination of stand your ground laws and consideration of alternative approaches to self-defense that better safeguard all members of society.

Responsibilities of Gun Owners Under Ground Law

With the expanded rights provided by stand your ground laws and the castle doctrine comes a heightened responsibility for gun owners. The removal of the duty to retreat means that individuals must make critical decisions in high-stress situations, and the consequences of using deadly force can be life-altering. The American Bar Association calls on gun owners to fully understand their responsibilities under gun laws, emphasizing the importance of using deadly force only when necessary and avoiding excessive force whenever possible.

Responsible gun ownership also means being prepared to retreat safely if the situation allows, even when the law does not require it. Gun owners should be aware that improper use of force can lead to criminal charges, civil lawsuits, and lasting personal consequences. Safe and secure storage of firearms is another essential responsibility, helping to prevent unauthorized access and reduce the risk of accidental shootings.

By staying informed about self-defense laws, practicing gun safety, and exercising sound judgment, gun owners can help reduce gun violence and promote a safer environment for everyone. The right to stand your ground comes with the duty to act responsibly and ethically in every situation.

How Prosecutors Challenge Stand-Your-Ground Claims

Prosecutors often attempt to show that the defendant:

• Could have safely retreated without firing.
• Used excessive or reckless force.
• Lacked a credible imminent threat.
• Had a history of violent behavior or gun misuse.

Prosecutors may also argue that the defendant’s actions did not meet the requirements of Nevada’s self-defense law.

They may also rely on case law showing inconsistent interpretations of shoot-first laws or highlight demographic disparities—as noted in studies from Social Science Quarterly and Tampa Bay Times—suggesting these defenses are unevenly applied.

The Role of a Firearm Felony Defense Attorney

Our defense team builds strong cases grounded in Nevada case law, forensic evidence, and the state’s criminal statutes. We challenge inconsistencies, question probable cause, and use expert testimony to prove that your actions were deemed justifiable under stand-your-ground and castle doctrine protections.

We also work to suppress unlawfully obtained evidence, protect your constitutional rights, and seek reduced charges when full dismissal is not possible.

Evidence That Strengthens Your Defense

An effective stand-your-ground defense may involve:

• 911 call transcripts showing immediate fear of bodily harm.
• Witness statements confirming you were attacked first.
• Firearm forensic analysis proving distance and trajectory.
• Medical reports showing injuries consistent with self-defense.
• Character evidence establishes your reputation as a lawful gun owner.

Every detail matters—one overlooked fact can mean the difference between freedom and a felony conviction.

Case Law and National Context

The concept of stand-your-ground originated in Florida’s 2005 statute, which inspired a widespread legislative movement across the United States. Florida’s law, often referred to as Florida’s stand-your-ground law or simply Florida’s law, served as a model for similar laws adopted in other states. Nevada adopted its own version, maintaining its castle doctrine while eliminating the duty to retreat.

Research from the Giffords Law Center and the American Bar Association has sparked debate over whether shoot-first laws increase gun violence and firearm homicides, but in Nevada, the right to defend yourself remains firmly protected under criminal law.

When a Shooting Is Deemed Justifiable

A shooting death or firearm-inflicted injury can be ruled justifiable when all legal elements of self-defense are met. In such cases, the incident may be classified as a justifiable homicide under Nevada law.

Nevada courts examine whether the defendant faced an imminent threat, whether they could have safely retreated, and whether the force used was proportional.

If proven, the defendant cannot be convicted of murder, manslaughter, or aggravated assault arising from that incident.

Addressing Misconceptions About Stand-Your-Ground

Critics of stand-your-ground statutes argue they embolden gun owners to act prematurely, while supporters see them as vital for personal safety. As laws change, public understanding and application of stand-your-ground statutes continue to evolve. However, the truth lies in the application: every case depends on context, evidence, and the reasonableness of the defendant’s actions.

Our job is to ensure your story is clearly told and supported by credible, supportive evidence that aligns with Nevada law.

Common Defenses in Firearm Felony Cases

Aside from stand-your-ground, we may assert:

• Castle doctrine defense for home protection.
• Lack of intent or accidental discharge.
• Mistaken identity or false accusation.
• Violation of rights during police search or seizure.
• Insufficient evidence for probable cause.

Each defense strategy is customized to the facts, ensuring the strongest possible case outcome.

Penalties for Firearm Felonies in Nevada

If self-defense cannot be established, firearm-related convictions can result in: Many firearm felonies are classified as violent crimes under Nevada law, carrying severe penalties.

• Prison terms ranging from 2 to 20 years.
• Permanent loss of gun ownership rights.
• Felony record affecting employment and civil privileges.
• Severe financial penalties and restitution.

Our attorneys pursue every opportunity to minimize or eliminate these consequences through negotiation, evidence suppression, or trial defense.

FAQ

What is Nevada’s stand-your-ground law?

It allows individuals to use deadly force in self-defense without retreating when faced with an immediate threat of serious bodily harm or death.

What is the difference between stand-your-ground and the castle doctrine?

Stand-your-ground applies anywhere you have a right to be, while the castle doctrine specifically covers your home or vehicle.

Can I still be charged after acting in self-defense?

Yes, law enforcement may arrest you after a shooting, but an experienced criminal defense attorney can present evidence proving your actions were justified. If your actions are ruled justified, you cannot be convicted of a crime for that incident.

Does stand-your-ground apply if I was carrying illegally?

No, if you were unlawfully carrying a firearm, your self-defense claim may be limited, though partial defenses may still apply. Illegal carrying of a firearm may also result in separate charges for violent crimes.

How can a lawyer help in a firearm felony case?

A firearm felony defense attorney can collect evidence, interview witnesses, and prove that your actions met Nevada’s self-defense laws, helping to avoid or reduce felony charges.

Future Directions of Stand-Your-Ground Laws

The future of stand your ground laws is the subject of ongoing debate and legislative review. Many legal experts and advocacy groups, including the American Bar Association, have recommended that states reassess their ground laws and consider returning to traditional self-defense laws that require a duty to retreat when it is safe to do so. Some states, such as West Virginia, have already begun to reform their stand your ground statutes, introducing safeguards to address racial disparities and ensure more consistent outcomes.

Organizations like the Giffords Law Center are advocating for stronger gun safety regulations and increased investment in gun violence prevention programs. Task forces studying stand your ground laws have called for more comprehensive data collection, including tracking justifiable homicides and analyzing victim and offender demographics, to better understand the real-world impact of these laws.

As the conversation continues, it is clear that any changes to stand your ground laws must balance the right to self-defense with the need to reduce gun violence and protect vulnerable communities. By relying on evidence, data, and a commitment to public safety, lawmakers and advocates can work together to develop more effective and equitable self-defense laws for the future.

Conclusion

Stand-your-ground cases are some of the most complex and emotionally charged in Nevada criminal courts. Whether you acted to protect yourself, your family, or your home, the stakes couldn’t be higher.

At The Defense Firm, our firearm felony defense attorneys combine trial experience, forensic analysis, and an in-depth understanding of Nevada’s self-defense laws to build a powerful case.

Contact The Defense Firm today for a free consultation.
We defend your right to stand your ground and your right to live without fear.