Las Vegas Burglary Defense Attorney
Under common law burglary one could be charged with a burglary if:
- there was a breaking and entering of a dwelling,
- at night,
- with the intent of committing a felony therein.
Under common law, 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
a. Grand larceny (steal something of value over $650) or petit larceny (steal something of value less than $650); OR
b. assault or battery on any person; OR
c. obtain money or property by false pretenses
It is important to understand that under Nevada law, there is no requirement that you enter the house, room, apartment, shop, store, etc., by force or by “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. Because of the wide range of crimes that fall under “false pretenses,” it is not uncommon for someone to be charged with burglary after attempting to cash a forged check at a convenience store. Some common offenses that often result in a burglary charge 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 by “breaking and entering,” then the law imposes an inference that you entered the location with the intent to commit grand or petit larceny, assault or battery on any person, or to obtain money or property by false pretenses. This imposed inference means that 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. Persons convicted of burglary can face up to 10 years in prison and fines up to $10,000, and in cases involving the use of a firearm or other deadly weapon, the prison time can be as long as 15 years.
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 also a Class B felony. Persons convicted of home invasion can face up to 10 years in prison and fines up to $10,000, and in cases involving the use of a firearm or other deadly weapon, the minimum prison time is increased to 2 years and the maximum prison time can be as long as 15 years.
If you are facing any of these serious crimes, let the criminal defense attorneys at The Wright Law Group, P.C. help you. Call us now at (702) 405-0001 to arrange a consultation.