Burglary involves breaking and entering into a structure for the purpose of committing another crime once inside. The crime does not require the use of force to break into the structure. However, the entering of the structure must be unauthorized. This means the person breaking into and entering the property must not have permission from the owner to go into the property.
Are Burglary and Home Invasion the Same Crime in Nevada?
While many states incorporate home invasion with their burglary statutes, Nevada keeps the two crimes separate. In Nevada, burglary can be committed on a commercial or residential property. Home invasion cannot be committed on a commercial property.
What Is the Crime of Home Invasion?
Home invasion is described as forcibly entering into an inhabited property without consent from the owner regardless of whether the individual is at home or not. The property owner can be the person who owns the dwelling or the lawful occupant such as a renter. It does not matter whether the owner is at home at the time of entry or not. Unlike the crime of burglary, the perpetrator does not need to intend to commit another crime inside the home in order to be guilty of home invasion.
Is It Home Invasion If the Property Was Abandoned at the Time of the Break-In?
No. It is not home invasion if the property was abandoned at the time a person broke into the property and unlawfully entered it, even if the property was once a residence. Instead, a person can be charged with burglary or trespassing.
What Is Trespassing?
Criminal trespassing occurs when a person enters or remains on property belonging to someone else without that person’s permission. The property can either be
Will I Go to Prison for a Home Invasion Conviction in Nevada?
Yes, if a person is convicted, then prison time is possible. Invading a home is a category B felony punishable by:
- One to 10 years in prison
- $10,000 fine
- Prison time and a fine
If a deadly weapon was used, then the potential sentence will be:
- One to 15 years in prison
- $10,000 fine
- A fine and prison time
Should I Consult a Lawyer?
If you are facing a home invasion charge, then you will need legal assistance to properly defend yourself in court. Contact a Nevada lawyer immediately to help you with your home invasion charge.