Understanding Nevada's self-defense laws—particularly the Stand Your Ground doctrine—is essential if you are involved in a violent encounter or need to protect yourself, your family, or your property. Unlike some states that require retreat before using deadly force, Nevada follows a version of Stand Your Ground law, which allows individuals to defend themselves without retreating, under certain legal conditions.

This guide explains what the Stand Your Ground law means under Nevada Revised Statutes (NRS), how it compares to the Castle Doctrine, when deadly force is legally justified, and what legal defenses may be available if you are charged after a self-defense incident.

What is Stand Your Ground Law?

Stand Your Ground laws remove the “duty to retreat” before using force in self-defense, as long as the person is in a place where they are lawfully allowed to be and not engaged in criminal activity.

Under Nevada law, while the phrase “Stand Your Ground” is not used explicitly in the statutes, the legal principle is reflected in how self-defense is treated in court.

Key Statutes:

• NRS 200.120 – Justifiable Homicide
• NRS 200.130 – Homicide in Defense of Home or Property
• NRS 200.160 – Circumstances where killing in self-defense is justified
• NRS 200.275 – Castle Doctrine protections for the home

These laws, when read together, form the basis of Nevada's Stand Your Ground doctrine.

Legal Definition of Justifiable Homicide in Nevada

According to NRS 200.120, a homicide is justifiable when a person kills another in:

• Self-defense or defense of others when there is a reasonable fear of death or great bodily harm;
• Defense of home or property against someone who intends to commit a felony or inflict serious injury.

The law does not require that a person retreat if they are in a location where they have a legal right to be.

Castle Doctrine vs. Stand Your Ground in Nevada

Many people confuse the Castle Doctrine with Stand Your Ground, but they are not the same:

• Castle Doctrine (NRS 200.120 & NRS 200.130): Applies specifically to your home or occupied vehicle. You are presumed to have a reasonable fear if someone unlawfully enters.
• Stand Your Ground: Applies to any place you are legally present. You have no duty to retreat before using force in self-defense.

Conditions for Using Deadly Force in Self-Defense

Under Nevada law, deadly force may be justified when all of the following are true:

1. The person is not the original aggressor;
2. They are not engaged in illegal activity;
3. They are in a place they have a right to be;
4. They reasonably believe deadly force is necessary to prevent death, serious injury, or the commission of a violent felony.

The use of force must be proportionate. If non-deadly force would suffice, deadly force may be deemed excessive.

Immunity from Prosecution: Does Nevada Have It?

Unlike some states that grant civil and criminal immunity under Stand Your Ground laws, Nevada does not have a formal “immunity” statute that protects defendants from arrest or prosecution. That means:

• You may still be arrested or charged even if you claim self-defense.
• The legal defense is presented at trial, not pretrial.
• A jury or judge must determine whether the self-defense claim meets legal standards.

Burden of Proof in Self-Defense Cases

Nevada courts follow specific rules when self-defense is raised:

• The defendant must present evidence supporting a self-defense claim.
• Once raised, the prosecution must prove beyond a reasonable doubt that the defendant did not act in lawful self-defense.

This shifts a significant burden onto the state once the self-defense claim is properly introduced.

Situations Where Stand Your Ground Does Not Apply

There are limitations. Stand Your Ground does not apply if:

• You are committing or fleeing from a crime at the time.
• You were the initial aggressor in the confrontation.
• Your belief of imminent harm was unreasonable or not based on actual threat.
• The threat was no longer imminent, such as if the attacker was fleeing.

Also, using deadly force to protect property alone (with no threat to life or safety) is generally not justified under Nevada law.

Summary

Nevada's Stand Your Ground law allows individuals to use force, including deadly force, without retreating—if they are in a lawful place and face an imminent threat of serious harm. However, the legal standards are strict, and misuse of these laws can still result in criminal charges.

It's critical to understand that claiming self-defense is not a guarantee against arrest or conviction. Consult an experienced attorney to assess whether your situation qualifies under Nevada's self-defense laws.

Contact Gallo Criminal Defense Las Vegas for Legal Defense

If you're facing criminal charges after a self-defense incident or want to know your rights under Nevada's Stand Your Ground law, contact Gallo Criminal Defense Las Vegas. Our experienced criminal defense attorneys will thoroughly evaluate your case, clearly explain your legal options, and effectively protect your rights in court.

Don't face the justice system alone—call Gallo Criminal Defense Las Vegas today for a confidential consultation.

FAQs: Nevada Stand Your Ground Law

1. Does Nevada have a Stand Your Ground law?

Yes. While not named as such in the statutes, Nevada allows you to use force without retreating if you are in a place you lawfully occupy and face an imminent threat (NRS 200.120).

2. Can I use deadly force in self-defense outside my home?

Yes, as long as you are not the aggressor, not committing a crime, and reasonably believe deadly force is necessary (NRS 200.120, NRS 200.160).

3. Does Nevada provide immunity from prosecution under Stand Your Ground?

No. Nevada does not have a formal statute granting immunity from prosecution. Self-defense is a legal defense raised at trial.

4. What is the difference between Castle Doctrine and Stand Your Ground?

Castle Doctrine applies inside your home or vehicle. Stand Your Ground applies in any lawful location. Both remove the duty to retreat.

5. Will I still be arrested if I act in self-defense?

Possibly. Law enforcement may arrest you even if you claim self-defense. Legal outcomes depend on whether your actions meet all statutory requirements.