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NRS 205.080 – “Possession of Burglary Tools” in Nevada

Understanding NRS 205.080 – Possession of Burglary Tools in Nevada

At Spodek Law Group, we’re committed to providing our clients with the best possible legal representation. If you’re facing charges under NRS 205.080 for possession of burglary tools in Nevada, we’re here to help. Our experienced attorneys understand the complexities of this law and can guide you through the legal process.

What is NRS 205.080?

NRS 205.080 is a Nevada statute that criminalizes the possession of burglary tools. But what exactly does this mean? Let’s break it down:

  1. The law prohibits possessing any tool, instrument, or device with the intent to use it for burglarious purposes.
  2. It also makes it illegal to make, alter, or repair any tool, instrument, or device knowing it will be used for burglary.

Sounds straightforward, right? Well, not quite. The devil is in the details, and that’s where our expertise comes in handy.

The Legal Definition

Here’s the exact wording of NRS 205.080:”Every person who makes, alters or repairs any instrument or thing, knowing or having reason to believe that it is intended to be used in committing a burglary, or who has in his or her possession any instrument or thing commonly used in committing a burglary, under circumstances evincing an intent to use or employ, or allow the same to be used or employed, in the commission of a burglary, or knowing or having reason to believe that the same is intended to be so used, is guilty of a gross misdemeanor.”That’s quite a mouthful! But don’t worry, we’re here to break it down for you.

Elements of the Crime

To be convicted under NRS 205.080, the prosecution must prove several elements beyond a reasonable doubt:

  1. Possession: You must have had the alleged burglary tools in your possession.
  2. Intent: You must have intended to use these tools for burglarious purposes.
  3. Knowledge: You must have known or had reason to believe that the tools were intended for burglary.

It’s important to note that merely possessing these tools isn’t enough for a conviction. The prosecution must prove your intent to use them for burglary.

What Constitutes a “Burglary Tool”?

Now, you might be wondering, “What exactly is a burglary tool?” Well, it’s not as clear-cut as you might think. Technically, almost anything could be considered a burglary tool if used with the intent to commit burglary. Common examples include:

Christine Twomey
Christine Twomey
2024-03-21
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2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
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Keisha Parris
2024-03-15
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Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
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divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • Lockpicks
  • Crowbars
  • Bolt cutters
  • Screwdrivers
  • Hammers
  • Gloves (to avoid leaving fingerprints)

But here’s the catch: many of these items are also common household tools. That’s why the prosecution must prove your intent to use them for burglary.

Penalties for Possession of Burglary Tools

If you’re convicted under NRS 205.080, you’re facing some serious consequences. The law classifies this offense as a gross misdemeanor, which carries the following penalties:

  • Up to 364 days in county jail
  • A fine of up to $2,000
  • Or both jail time and a fine

But that’s not all. A conviction can have long-lasting effects on your life, including:

  • A criminal record
  • Difficulty finding employment
  • Housing challenges
  • Loss of certain rights

That’s why it’s crucial to have an experienced attorney on your side. At Spodek Law Group, we fight tirelessly to protect our clients’ rights and future.

Defenses Against NRS 205.080 Charges

Now, you might be feeling overwhelmed. But don’t lose hope! There are several potential defenses we can use to fight these charges. Here are some common strategies:

  1. Lack of Intent: Remember, the prosecution must prove you intended to use the tools for burglary. If we can show you had no such intent, the charges may be dismissed.
  2. Legitimate Use: Many “burglary tools” have legitimate uses. We can argue that you possessed these tools for lawful purposes.
  3. Illegal Search and Seizure: If the police obtained the evidence illegally, we can move to have it suppressed.
  4. Lack of Knowledge: If you didn’t know the tools were intended for burglary, you can’t be convicted under this statute.
  5. Insufficient Evidence: Sometimes, the prosecution simply doesn’t have enough evidence to prove their case beyond a reasonable doubt.

Every case is unique, and we’ll work with you to develop the best defense strategy for your situation.

Why Choose Spodek Law Group?

When you’re facing criminal charges, choosing the right attorney is crucial. Here’s why Spodek Law Group stands out:

  1. Experience: We’ve been defending clients against criminal charges for decades. We know the ins and outs of Nevada’s criminal justice system.
  2. Dedication: We’re committed to providing personalized attention to each client. Your case isn’t just another file on our desk – it’s our top priority.
  3. Results: Our track record speaks for itself. We’ve successfully defended numerous clients against burglary tool possession charges.
  4. Comprehensive Approach: We don’t just focus on the legal aspects of your case. We consider how these charges affect your life and work to minimize their impact.
  5. Available 24/7: Legal issues don’t always happen during business hours. That’s why we’re available around the clock to address your concerns.

Remember, the sooner you contact us, the better. Early intervention can make a significant difference in the outcome of your case.

FAQs About NRS 205.080

To help you better understand this law, we’ve compiled some frequently asked questions:

  1. Q: Can I be charged under NRS 205.080 if I didn’t actually commit burglary?
    A: Yes. The law criminalizes possession with intent, not the actual act of burglary.
  2. Q: What if I didn’t know the tools could be used for burglary?
    A: Lack of knowledge can be a valid defense. We can argue that you had no reason to believe the tools were intended for burglary.
  3. Q: Can I be charged if the tools were found in my car, not on my person?
    A: Yes. Possession doesn’t necessarily mean the tools were on your person. They could be in your home, car, or anywhere under your control.
  4. Q: What if the tools belong to someone else?
    A: If you can prove the tools belonged to someone else and you had no knowledge of their presence, this could be a strong defense.
  5. Q: Can I get my record sealed if I’m convicted under NRS 205.080?
    A: In Nevada, you may be eligible to seal your record 2 years after your case is closed. We can assist you with this process.

The Importance of Legal Representation

Facing charges under NRS 205.080 can be intimidating. But remember, you don’t have to face this alone. At Spodek Law Group, we’re here to guide you through every step of the legal process.Our attorneys will:

  • Thoroughly investigate your case
  • Identify and interview potential witnesses
  • Analyze all evidence against you
  • Develop a strong defense strategy
  • Negotiate with prosecutors for reduced charges or dismissal
  • Represent you aggressively in court if necessary

We understand that this is a stressful time for you and your loved ones. That’s why we strive to make the legal process as smooth and transparent as possible.

Contact Spodek Law Group Today

If you’re facing charges under NRS 205.080, don’t wait. Contact Spodek Law Group today. Our experienced attorneys are ready to fight for your rights and your future.Remember, the prosecution is already building their case against you. Don’t give them a head start. The sooner you have legal representation, the better your chances of a favorable outcome.Call us at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule a free consultation. Let us put our experience and dedication to work for you.Don’t let a mistake define your future. With Spodek Law Group on your side, you’re not just getting a lawyer – you’re getting a team dedicated to your defense.

Conclusion

NRS 205.080 is a serious charge that can have significant consequences. But with the right legal representation, you can fight these charges and protect your future.At Spodek Law Group, we have the experience, knowledge, and dedication to provide you with the best possible defense. We understand the nuances of Nevada law and will work tirelessly to ensure your rights are protected.Remember, you’re innocent until proven guilty. Don’t let the prosecution intimidate you. With Spodek Law Group on your side, you’ll have a powerful ally in your corner.Don’t face these charges alone. Contact us today and let us help you navigate this challenging time. Your future is too important to leave to chance.Call Spodek Law Group now at 212-300-5196. We’re here to help, 24/7.

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