Nevada’s felony murder rule is one of the most misunderstood—and most severe—legal doctrines in the entire criminal justice system. Many people assume a murder charge requires an intent to kill or at least direct involvement in someone’s death. Under Nevada’s felony murder rule, that is not always the case. A person can be charged with first-degree murder, exposed to life imprisonment, and even risk the death penalty, even if they never harmed anyone, were unarmed, or were nowhere near the person who died.

In Las Vegas and across Clark County, felony murder acts as a legal shortcut for prosecutors: if someone dies during certain dangerous felony offenses, the law may treat every participant as equally responsible—regardless of their personal intent, involvement, or awareness of the death. Understanding when and why this applies is crucial, especially because felony murder charges often arise from unpredictable situations and completely unrelated outcomes.

This guide explains understanding felony murder in Nevada, when you can be charged without killing anyone, how the felony murder rule works, the underlying crimes that trigger it, and why even an accidental or unintentional death can lead to the most serious punishment the state allows.

How Nevada’s Felony Murder Rule Works and Why Intent Doesn’t Matter

Unlike traditional murder, felony murder does not require proof of malice aforethought, specific intent, or even that the defendant intended to harm anyone. Instead, the prosecution must show only two elements:

1. The defendant participated in an underlying felony.
2. Someone’s death occurred during the attempted commission or actual commission of that felony.

That means a person may face a first-degree murder charge even if the defendant’s actions were nonviolent, or if the death resulted from another participant, a police officer, or even the victim themself during a struggle. Under this rule, guilt attaches to the felony, not the intent to kill.

The prosecution’s case often becomes easier than in traditional murder trials because the legal standard shifts away from the defendant’s mindset and toward the circumstances surrounding the underlying crime.

What Counts as an Underlying Felony in Nevada’s Felony Murder Cases

The felony murder rule applies to specific felonies that Nevada law considers inherently dangerous or highly likely to cause serious harm. These dangerous felonies include crimes such as:

• Burglary
• Robbery
• Kidnapping
• Sexual abuse or sexual molestation
• Child abuse involving a vulnerable person
• Arson
• Home invasion
• Torture
• Restraining or harming an older person under the vulnerable person NRS

These crimes are considered so serious that if a person dies during them—even unintentionally—the participants may be charged with felony murder.

Nevada courts emphasize that the death must occur as a direct or indirect consequence of the underlying felony. But the connection does not need to be strong. As long as the death occurred “in the course of” the felony, the rule may apply.

Why You Can Be Charged With Felony Murder Even If You Never Killed Anyone

Nevada law takes a broad approach to responsibility. If you voluntarily participated in the underlying felony, you may share liability for all foreseeable consequences—even those you never intended.

This means:

• An innocent bystander who suffers a heart attack during a robbery
• A co-conspirator who dies from a self-inflicted gunshot while fleeing
• A homeowner who fatally shoots the burglar
• A victim who trips, falls, and dies during a kidnapping attempt

In each of these scenarios, all other participants may be charged with felony murder.

This reality shocks many defendants because they often believe that murder charges require a direct act of killing. But in Nevada, felony murder acts as a legal expansion of responsibility whenever death occurs in connection with a qualifying felony.

How Prosecutors Build Felony Murder Cases in Nevada

The district attorney typically builds a felony murder case by focusing on the underlying felony rather than the death itself. Prosecutors emphasize that the defendant willingly engaged in a crime that posed a high risk to human life, regardless of whether the defendant foresaw the outcome.

The prosecution’s case often follows this logic:

• The felony was dangerous.
• The defendant participated voluntarily.
• A death occurred.
• Therefore, felony murder applies.

This framework shifts the burden of the narrative dramatically. It creates a situation where defendants must counter a simplified version of events that may not reflect their true level of involvement.

How Police Officers and Resistance Can Trigger Felony Murder Charges

When a police officer sees a felony in progress, the risk of escalation increases. During high-stress encounters, officers may fire shots or use force that unintentionally results in a death. Under the felony murder rule, a participant in the underlying crime may still be held responsible—even if the officer’s actions caused the fatal outcome.

The law considers police response a foreseeable reaction to dangerous felonies, meaning participants may still face murder charges if an attempted arrest or confrontation leads to death.

Felony Murder vs. Traditional Murder: Key Differences Under Nevada Law

Felony murder is a form of first-degree murder, but it differs significantly from other categories of homicide charges. Traditional first-degree murder requires deliberate intent or planning, while felony murder does not.

Key differences include:

• No intent to kill is required.
• No malice aforethought must be proven.
• The death can be completely unintended.
• Any participant may be held equally responsible.

Because of this, felony murder removes many defenses typically available in other homicide cases. However, the absence of intentional killing opens the door for highly technical defenses based on causation, foreseeability, underlying crime classification, and constitutional challenges.

What Counts as “During the Commission” of a Felony in Nevada?

Nevada interprets the timeline of felony murder broadly. A death does not need to occur at the exact moment of the crime. Instead, the rule may apply if the death occurred:

• During the planning phase
• While fleeing
• During the escape
• Moments after the crime ended
• During an ongoing struggle or resistance

The flexibility of this timeline means even deaths that appear completely unrelated may legally qualify under the rule. For example, if two burglars flee and one crashes a car, killing an innocent driver, both may face felony murder charges—even miles away from the original scene.

Can You Claim Self-Defense Against Felony Murder Charges?

Self-defense can still play a role in felony murder cases, but its application is limited. A defendant cannot claim self-defense to justify harm caused to others during the commission of a dangerous felony. However, self-defense may apply if:

• The defendant withdrew from the felony before the death occurred.
• The defendant was attacked in a situation no longer connected to the felony.
• The underlying felony does not qualify under Nevada’s statute.

These are highly fact-specific situations and require careful assessment by an experienced criminal defense attorney.

Felony Murder vs. Involuntary and Voluntary Manslaughter in Nevada

Felony murder is far more severe than voluntary manslaughter or involuntary manslaughter, even if the death was accidental. Manslaughter typically requires negligence, recklessness, or heat-of-passion circumstances.

Felony murder, on the other hand:

• Requires no negligence
• Requires no intent
• Does not consider mitigating emotional factors
• Automatically elevates any death during a qualifying felony to first-degree murder

Because the penalties for felony murder are extremely severe—including life imprisonment, the possibility of parole, or even a death sentence—distinguishing between felony murder and lesser homicide charges becomes a critical part of a strong defense strategy.

The Penalties: Why Felony Murder Carries the Harshest Sentences in Nevada

A felony murder conviction is treated the same as intentional first-degree murder. Penalties may include:

• Life sentence in the Nevada State Prison
• Life without the possibility of parole
• Death penalty in qualifying cases
• A severe, definite sentence (decades in prison)

These consequences apply even if the defendant never touched a weapon, never harmed anyone, and never intended for anyone to be hurt. The underlying policy is deterrence: Nevada wants to discourage individuals from participating in dangerous felonies by attaching extreme risks to their outcomes.

How Defense Attorneys Fight Felony Murder Charges in Nevada

Defense strategy in felony murder cases focuses on dismantling the connection between the death and the underlying felony. A skilled homicide attorney may argue:

• The felony does not qualify as a triggering offense.
• The death was not foreseeable as an actual consequence of the felony.
• The defendant abandoned the felony before the death occurred.
• The death resulted from an independent, unforeseeable act.
• Police conducted an illegal search, violating constitutional rights.
• The defendant was misidentified or had no role in the underlying crimes.

In some cases, defense counsel can show the death stemmed from personal choices unrelated to the felony—for example, a victim’s self-inflicted gunshot or an unforeseeable medical condition—breaking the legal chain of causation.

Why Understanding Nevada’s Felony Murder Rule Is Essential for Anyone Facing Serious Charges

Felony murder charges carry life-altering consequences. The severity of Nevada’s law means that individuals can face decades or life in prison for deaths they never intended and could not have predicted. Knowledge of how the rule works, when it applies, and how it can be challenged is a critical part of navigating the criminal justice system.

Whether someone is arrested in Las Vegas, Henderson, or anywhere in Clark County, understanding the interplay between underlying felonies and subsequent deaths is vital for protecting their rights.

FAQ

Can I be charged with felony murder if I didn’t kill anyone?

Yes. Under Nevada’s felony murder rule, anyone who participates in certain dangerous felonies can face first-degree murder charges if a death occurs—regardless of who caused it.

What types of felonies qualify for felony murder in Nevada?

Crimes such as robbery, burglary, kidnapping, sexual molestation, child abuse, arson, and home invasion frequently trigger felony murder liability.

Can an accidental or unexpected death lead to felony murder charges?

Yes. Even unintentional or unforeseeable deaths may qualify if they occurred during the attempted or actual commission of a qualifying felony.

Conclusion

Felony murder cases are among the most complex and high-stakes criminal matters in Nevada. Even if you had no intention to harm anyone—or were shocked to learn that someone died—you can still face the harshest penalties in the state. Nevada’s felony murder rule expands liability in ways that catch many defendants by surprise, making strong legal representation essential.

A skilled defense team can analyze the underlying felony, challenge the prosecution’s theory, and build a strategy that focuses on breaking the connection between the felony and the death. Your future depends on careful investigation, aggressive advocacy, and a deep understanding of Nevada law.

If you or a loved one is facing felony murder charges in Las Vegas or Clark County, don’t wait. Contact The Defense Firm for a free consultation with an experienced criminal defense attorney who can protect your rights and fight for your freedom.