In Nevada, home invasion is the forcible entry into an inhabited residential property without the owner’s consent. The owner, or lawful occupant, does not have to be present at the time of the entry. The state of Nevada treats home invasion and burglary differently. For instance, a person will not be charged with home invasion if they unlawfully entered a commercial property. They would be charged with either trespassing or burglary.
What Is Burglary?
Burglary is the breaking and entering into a property without consent and with the intent of committing another crime once inside the property. It is often classified as a felony.
How Does Nevada Define Burglary?
In Nevada, burglary is defined as entering into a structure with the intent to commit the following:
- Obtain money or property by false pretenses
- Any felony
The term “structure” includes a home, vehicle, railcar, plane, or business.
Can I Be Convicted of Burglary in Nevada Even If I Did Not Use Force to Break In?
Yes. Using force is not a prerequisite to a burglary charge. A person can be charged with burglary whether or not they physically broke into the property.
What If I Broke into a Property Without the Intent to Commit Another Crime?
Then you would not be guilty of burglary. A person must intend to commit another crime in the structure at the time that they are entering the structure in order to have committed burglary. If you break into a property without the intent to commit another crime inside, then you will likely be charged with trespassing or home invasion instead.
Is Burglary a Misdemeanor in Nevada?
No, burglary is a category B felony. This is the second most serious felony in the state.
What Is the Punishment for Burglary in Nevada?
The punishment is a minumum of one year to a maximum on 10 years in prison and/or a $10,000 fine. Prison time increases to a maximum of 15 years if a deadly weapon was used during the crime.
Do I Really Need an Attorney to Help Me with My Burglary Case?
A burglary conviction can dramatically change your future and lead to prison time. Contact a Nevada criminal attorney immediately to help you with your case and avoid a harsh sentence.