Burglary – NRS 205.060

Burglary

In Nevada, burglary is defined under NRS 205.060 and involves unlawfully entering a building or structure with the intent to commit a crime inside. Burglary is a serious offense, and the legal system treats it with considerable severity. To secure a conviction for burglary, the prosecution must prove the following elements beyond a reasonable doubt:

1. Unlawful Entry: The accused entered a building or structure without permission or legal authority.
2. Intent to Commit a Crime: At the time of entry, the accused had the intent to commit a felony or theft within the premises.
3. No Consent: The entry was made without the consent of the property owner or authorized person.

Related Offenses

Burglary is related to several other offenses, including:

1. Robbery – NRS 200.380
2. Theft – NRS 205.083
3. Breaking and Entering – NRS 205.065
4. Possession of Burglary Tools – NRS 205.080
5. Home Invasion – NRS 205.066

Examples

Here are some examples to illustrate how burglary might occur:

• Example 1: John breaks into a vacant house with the intention of stealing electronics and other valuables. Although John did not take any items, he can still be charged with burglary because he unlawfully entered the house with the intent to commit theft.
• Example 2: Sarah, intending to commit a robbery, enters a business after hours through an unlocked door. Even though Sarah did not manage to steal anything, the act of unlawfully entering the business with the intent to commit a crime constitutes burglary.

Defenses to Burglary

Several defenses may be used to challenge a burglary charge:

1. No Intent to Commit a Crime: If it can be proven that the accused did not have the intent to commit a crime at the time of entry, the burglary charge may be challenged. For example, entering the premises for a lawful purpose and not intending to commit a crime negates one of the key elements of burglary.
2. Lack of Unlawful Entry: Demonstrating that the entry was lawful or with permission can be a defense. If the accused had permission from the property owner or was authorized to be on the premises, the charge may not stand.
3. Mistaken Identity: Proving that the accused was not the person who committed the burglary can be an effective defense. This may involve alibi evidence or other proof that the accused was not present at the scene.

Potential Penalty for Burglary

Burglary in Nevada can be charged as either a Category B or Category C felony, depending on the specifics of the crime:

• Category B Felony: Burglary of a dwelling or inhabited structure is typically charged as a Category B felony. Penalties can include 2 to 15 years in prison and a fine up to $10,000.
• Category C Felony: Burglary of a non-residential structure or building is usually charged as a Category C felony. Penalties may include 1 to 5 years in prison and a fine up to $10,000.
• Additional Consequences: Conviction may also result in restitution to the victim, probation, and a permanent criminal record.

Criminal Defense for Burglary

Facing a burglary charge requires a strong defense strategy. Josh Tomsheck is a distinguished criminal defense attorney with extensive experience in handling burglary cases. As a board-certified criminal trial attorney and a registered specialist in criminal trial law with the State Bar of Nevada, Mr. Tomsheck has the expertise needed to effectively defend against such serious charges.

Mr. Tomsheck is also a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer. With a track record of achieving hundreds of complete dismissals and acquittals at trial, he is committed to securing the best possible outcome for his clients.

For more information about defending against burglary charges in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today.