Home Invasion in Nevada

In Nevada, Burglary occurs when a suspect enters into a structure, which can be 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 in many States, Burglary contains an essential element of “breaking and entering” into the structure. In Nevada however, the added element of breaking and entering or “forcible entry” is separate crime, called “Home Invasion.”

Pursuant to NRS 205.067 Home Invasion is a crime that occurs when a person uses forcible entry, such as kicking in a door, breaking a window or cutting a screen, to gain access to an inhabited dwelling without the permission of the owner.

The law in Nevada defines forcible entry as entry which involves any act of physical force which results in damage. It is also important to know that the term “Inhabited dwelling” as it relates to the crime of Home Invasion does not mean that the person residing there must be present at the time of the forcible entry. A person can be charged with Home Invasion for breaking into any structure, including a house, apartment, business, even a vehicle - - and even if the owner or resident is away at the time.

Punishment for Home Invasion

Home Invasion is not a small charge in Nevada. It is a very serious crime, known as a category “B” Felony, the second harshest level of offense in the State. Home Invasion carries up to 10 years in prison and a fine of up to $10,000.00.

Pursuant to NRS 205.067(4), when a Home Invasion occurs and the person committing the crime is in possession of a firearm (or other deadly weapon) the crime is enhanced to a 2-15 year “B” Felony. Under Nevada law the possession of a firearm or deadly weapon does not have to happen before, or even at the outset of the Home Invasion, it can also occur when a person obtains the weapon during the Home Invasion.

If you or a loved one has been arrested or charged with Home Invasion, it is imperative that you retain an experienced and knowledgeable Las Vegas Criminal Defense Attorney who knows the best way to defend against the charge. At the law firm of Hofland & Tomsheck, the head of our criminal defense division, attorney Josh Tomsheck, will personally handle each and every aspect of your case. Attorney Tomsheck has been recognized as a Specialist in the field of Criminal Trial Law by the State Bar of Nevada, one of only three (3) lawyers in the State to hold such a certification. We have the ability and resources to fight your charges with you. Contact us today.

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