Burglary Charges in Nevada
Burglary in Nevada is a category “B” felony. As with all similar charges, this is a serious offense an one of the most misunderstood crimes in all of Nevada. Given Nevada’s expansive Burglary Statute, the District Attorney can add Burglary to a number of factual scenarios, such as a simple battery or theft crime, and make the potential punishment exponentially more harsh. In Nevada, the law for Burglary can be found in Nevada Revised Statute (NRS) Burglary – NRS 205.060
Definition of the Crime and Essential Elements
For the State to prove someone guilty of committing the crime of burglary, the following elements must be proved beyond a reasonable doubt:
1) An individual entered into any area, such as a home, apartment, room, business, structure or vehicle;
2) At the time of entry the individual had the intent to commit larceny, to commit grand larceny, to commit assault, to commit battery, to obtain money or property by false pretenses, or to commit any other felony.
It is important to note that in the State of Nevada, a prosecutor does not have to prove that the accused committed any crime while inside the location. As the law states, “the crime is complete upon entry.” This means that the crime is the entry with the intent to commit a crime. In order to be charged with burglary, all the prosecutor has to do is state that an individual had the criminal intent to commit a crime, at the time he or she entered the location. In addition, a person can be charged with burglary even if a forced entry does not occur.
Other similar or related offenses include:
2. Grand Larceny – NRS 205.202
3. Robbery – 200.380
5. Armed Robbery – NRS 200.380
K is walking into a local Wal Mart® retail store. She went in thinking that she would be able to sneak out a new flat screen television without paying for it. When she entered, K had a large coat under her arm which she intended to throw over the television and sneak out. She took the TV and passed all points of payment and cash registers. Before leaving the store, K was stopped by security. In this situation she never stole the item and never made it outside. As K entered the Wal Mart with the intent of committing grand larceny, under Nevada law she could charged with the crime of Burglary.
J is given a piece of jewelry which was given to her by H. J believes that H did not obtain the jewelry legally and that it was probably stolen. J agrees to pawn the jewelry for H and split the money from the proceeds. J goes to a local pawnshop and pawns the item. After the money is split, J takes his friends out to a nice dinner. Later, law enforcement discovers the piece of jewelry at the pawn shop. Even though J didn’t steal anything, he did go into the pawn shop to pawn the item, thus obtaining money under false pretenses. Under Nevada law this is a Burglary offense.
Defenses to Burglary
If a person is charged with burglary, it does not mean that the person will be convicted of burglary. Many charges or reduced or dismissed because of defenses to the allegation that are available to a knowledgeable Las Vegas Criminal Lawyer.
A defense to burglary that can be used at trial is lack of intent. If a person did not have any intent to commit any crime, at any time that he was in the location, then he cannot be convicted of burglary.
Consent can also be brought up as a defense. If it can be proven that whoever owned the location consented to having the accused be there, the burglary charges will be dismissed. Additionally, after 2014, the Nevada Supreme Court has held that you cannot be convicted for Burglary for entering your own residence.
Every criminal allegation is different and has important individual details. Every case will have a different defense. An experienced Las Vegas Criminal Defense Attorney will be able to review the specifics of your case and will be able to examine the law in order to build the best defense possible pertinent to your unique situation.
Potential Penalty for Burglary
In Nevada, the crime of Burglary is a Category B Felony. If convicted, an individual faces one to ten years in the Nevada Department of Corrections and a fine of up to $10,000. If a deadly weapon was used during the burglary, then the person faces two to fifteen years in the Nevada Department of Corrections.
Criminal Defense for Burglary
Burglary is a very serious and complex offense in Nevada. It is very important to have an experienced Las Vegas Criminal Defense Attorney who will help you and your legal needs. It is important to meet with an experienced Las Vegas Criminal Defense Attorney as soon as possible, in order to begin building the best defense available. If you or someone you know has been arrested or charged with this offense a call to former Chief Deputy District Attorney Josh Tomsheck is one of the best decisions you can make. Las Vegas Criminal Lawyer Josh Tomsheckhas a wealth of experience handling these charges and all other serious felonies.
For more information about the charge and defense of battery in Las Vegas, call the law firm of Hofland & Tomsheck right away to schedule your free consultation. (702) 895-6760.