Burglary, Breaking and Entering Charges in Las Vegas

Burglary, Breaking and Entering Charges in Las Vegas – A Helpful Guide

Getting charged with burglary or breaking and entering in Las Vegas can be scary. These are serious felony offenses that carry steep penalties if convicted.

This article provides a helpful overview of burglary and breaking and entering laws in Las Vegas, potential defenses, and what to do if you are facing charges. The goal is to educate in a simple, conversational tone so you understand the legal landscape.

What is Burglary in Nevada?

Burglary is defined in Nevada Revised Statute 205.060. It occurs when someone enters a building, structure or vehicle with the intent to commit larceny, assault, battery or any other felony once inside.

Some examples of burglary:

• Entering a home or business intending to steal property inside
• Going into a building planning to assault someone inside
• Breaking into a car intending to steal items within

The key is that the suspect must have the intent to commit a crime prior to entering the building or vehicle. Just being inside somewhere illegally is not enough – the intent to commit a further offense must exist beforehand.

Is Breaking and Entering Required for Burglary in Nevada?

Unlike some states, Nevada’s burglary law does not require actual breaking and entering.

You can be charged with burglary even if you simply walk through an unlocked door with felonious intent. Forced entry is not an element of the crime.

However, evidence of breaking and entering can support the prosecution’s claim that you entered with criminal intent. It may show premeditation versus just a spontaneous idea.

What are the Penalties for Burglary in Las Vegas?

Burglary penalties depend on a few factors:

• Location: Harsher penalties for residential burglary versus non-residential.
• Weapon use: Enhanced penalties if a deadly weapon was involved.
• Criminal record: Repeat offenders face more severe sentences.

Here is an overview of potential sentences for burglary in Nevada:

• Residential burglary: Category B felony, 1-10 years in prison (probation possible for first offense)
• Business burglary: Category C felony, 1-5 years in prison
• Other structure: Category D felony, 1-4 years in prison
• Vehicle burglary: Category E felony, probation likely

If a deadly weapon was involved, residential burglary becomes 2-15 years and fines up to $10,000.

What are Some Common Burglary Defenses in Las Vegas?

There are various ways to challenge a Nevada burglary charge, including:

No Intent to Commit a Crime

If you went inside somewhere but did not actually intend to commit larceny, assault, battery or another felony, you are not guilty of burglary.

The prosecution has to prove intent beyond a reasonable doubt.

Falsely Accused

If someone falsely accuses you of burglary out of malice, mistake or for their own benefit, a skilled defense attorney can expose those credibility issues.

Police Misconduct

If police violated your rights or mishandled evidence, any charges stemming from that misconduct may get dismissed.

Mistaken Identity

If police arrested the wrong person, an alibi or other evidence can prove it was a case of mistaken identity.

What is Considered Breaking and Entering in Nevada?

While breaking and entering is not required for a basic burglary charge, the more serious offense of “home invasion” under NRS 205.067 does require forcibly entering a residence.

Home invasion, sometimes called “breaking and entering,” is a category B felony punishable by 1-10 years in prison. Using a deadly weapon escalates the sentence to 15 years.

Breaking and entering a home is more serious than regular burglary because it violates the sanctity and safety where people live. It’s an inherently dangerous and traumatic crime.

Can Burglary or Breaking and Entering Charges Get Dismissed?

Yes, it is sometimes possible to get burglary or breaking and entering charges reduced or dismissed entirely.

A skilled attorney will thoroughly analyze the evidence and identify any police mistakes, credibility issues, violations of your rights or other weaknesses in the prosecution’s case.

If your lawyer can raise enough reasonable doubt about your guilt through motions and negotiations, the charges may get dismissed or reduced to a misdemeanor.

Diversion programs are another option in some cases. These involve completing rehabilitation, community service, restitution and other conditions in exchange for avoiding a conviction.

Should I Hire an Attorney for Burglary Charges?

Absolutely – having an experienced criminal defense lawyer is critical when facing felony burglary accusations.

The lawyer’s in-depth understanding of Nevada burglary laws, criminal procedures, and common defenses will maximize your chances of the best possible outcome.

They will also handle negotiations with the prosecution to try and get charges reduced or dismissed through plea bargains.

A public defender is an option if you cannot afford private counsel. But specialized defense attorneys have more time and resources to devote to your case.

Takeaways – Key Points on Burglary and Breaking and Entering Charges in Las Vegas

• Burglary involves entering a building or vehicle with intent to commit a felony inside; forced entry is not required.
• Harsher penalties for residential burglary and use of deadly weapons.
• Breaking and entering refers to violently intruding into a residence (home invasion).
• Skilled lawyers can often get charges dismissed or reduced through negotiations and exposing weaknesses.
• Hiring an experienced criminal defense attorney is highly recommended.

The bottom line is that burglary and breaking and entering are serious felony accusations in Nevada that can derail your life. But an assertive legal defense focused on reasonable doubt and your rights can help achieve the best possible outcome.

About the Author

I’m a Las Vegas criminal defense attorney committed to protecting the accused against overzealous prosecution. The justice system is imperfect – police and lawyers are human, mistakes happen. My goal is empowering clients to make informed decisions and get through this difficult situation. Every case is different, but where liberty hangs in the balance, expert defense counsel can make all the difference. Don’t hesitate to contact me for a free consultation if you are facing criminal charges. This is an uncertain time, but knowledge breeds confidence. I’m here to educate and fight for your rights. Stay strong – brighter days lie ahead.