Burglary While in Possession of a Firearm

Burglary occurs when a person enters a structure such as a house, room, apartment, business or any other building or vehicle with the intent to commit larceny, assault, battery, obtain money or property by false pretenses or any other felony while inside. While the crime of Burglary is and of itself a very serious felony in Nevada - - a category “B” Felony punishable with a prison sentence of between 1-10 years and a fine of $10,000.00, there are certain instances when Burglary charges can be enhanced.

Pursuant to NRS 205.060(4), when a person commits a Burglary while in possession of a firearm (or other deadly weapon) the crime is enhanced to a 2-15 year “B” Felony. This essentially doubles the minimum sentence for the crime and increases the top range of the sentence 50%.

It is important to know that under Nevada law, the possession of a firearm or deadly weapon element includes not only having the weapon at the time of the burglary, but also includes the situation where a person obtains the weapon during the Burglary. In other words, the law in Nevada makes no distinction between the burglar who enters a convenience store with a gun to commit a robbery and the burglar who sneaks into the alleged victim’s garage and takes a hunting rifle without permission.

If you, or someone you care about, is facing arrest or prosecution for Burglary while in Possession of a Firearm, or any other firearm related charges in Las Vegas or throughout Nevada, you need an experienced and passionate Las Vegas Criminal Defense Attorney on your side. Contact the law office of Hofland & Tomsheck and schedule an in person or telephonic conference with Board Certified Criminal Defense Lawyer Josh Tomsheck today. We look forward to fighting your charges with you.

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