Las Vegas Burglary Defense Attorney
Under common law burglary one could be charged with a burglary if the following elements were fulfilled if:
- there was a breaking and entering of a dwelling,
- at night,
- with the intent of committing a felony therein.
So back when laws were not codified, if you stole an item from a convenience store, then it would NOT be considered burglary. However that is not the case today.
In Nevada, you can be charged with burglary if
- you enter a house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semi-trailer, or house trailer, airplane, glider, boat or railroad car
- With the intent to commit
- grand (steal something of value over $650) or petit larceny (steal something of value less than $650), OR
- assault or battery on any person, OR
- obtain money or property by false pretenses
Be aware there is no requirement that you have to enter a structure by force or “breaking and entering.” Just the fact that you entered with the intent of committing one of the enumerated crimes is enough to be charged with burglary. Thus, it is not uncommon that if you try to cash a forged check at a convenience store you will be charged with burglary. Acts that may be considered burglary include but are not limited to:
- Cashing a forged check
- Cashing a stolen check
- Cashing a check with insufficient funds (NFS)
- Passing counterfeit money
If you do enter a structure “forcibly” or “breaking and entering” – then the law in Nevada is that there is an inference that you are entering to commit grand or petit larceny, assault or battery on any person, or obtain money or property by false pretenses. In other words, the State can charge you with burglary even though you took absolutely nothing. Only a jury can decide whether you entered with no criminal intent.
Burglary is a very serious crime. It’s a class B felony with penalties from 1 to 10 years in prison, with a fine of not more than $10,000, if convicted. If you use a deadly weapon or a firearm during the burglary then the penalties are raised to 2 to 15 years and a fine of no more than $10,000.
Unlike Burglary, to be charged with Home Invasion there must be a “forcible” entry into an “inhabited dwelling” without the owner’s permission.
Like Burglary, Home Invasion is a very serious crime and is a Class B felony. If convicted you can be facing 1 to 10 years in prison, with a fine of not more than $10,000. This penalty is increased if you possess or gain possession of any firearm during the commission of the crime. If this scenario occurs, you can face 2 to 15 years and a fine of no more than $10,000.
If you are facing any of these serious crimes, let the Criminal Defense Attorneys at Wright Law Group, P.C. help you. Call us immediately at 702-405-0001. We are available 24/7. All initial consultations are free. With over 20 years of experience, we can help you through the criminal legal process.