Housebreaking – NRS 205.0813

Overview

Housebreaking, as defined under Nevada Revised Statute (NRS) 205.0813, is a serious offense that involves unlawfully entering a structure with the intent to commit a crime inside. This law reflects the state’s commitment to protecting personal property and ensuring the safety of its residents. Understanding the implications of this statute is crucial for individuals accused of housebreaking, property owners, and legal professionals involved in criminal defense.

Definition of Housebreaking

Under NRS 205.0813, “housebreaking” refers to the act of entering a building or structure without permission with the intent to commit an unlawful act, typically theft or another felony. Key components of the law include:

1. Unauthorized Entry: The statute applies when a person enters a structure without the consent of the owner or lawful occupant.
2. Intent to Commit a Crime: The individual must have the intent to commit a crime at the time of entry. This could include theft, vandalism, or other illegal activities.
3. Types of Structures: Housebreaking can apply to various types of buildings, including homes, businesses, and other enclosed spaces.

Legal Requirements for Prosecution

To secure a conviction for housebreaking under NRS 205.0813, the prosecution must prove several elements beyond a reasonable doubt:

1. Existence of Unauthorized Entry: The prosecution must establish that the accused entered a building or structure without permission.
2. Intent to Commit a Crime: It must be shown that the accused intended to commit a crime at the time of entry.
3. Knowledge of Entry: The prosecution must demonstrate that the accused knowingly entered the premises unlawfully.

Related Offenses

Housebreaking is related to several other offenses, including:

• Burglary – NRS 205.060: Often overlaps with housebreaking, but involves entering a building with the intent to commit any crime, not limited to theft.
• Trespassing – NRS 207.200: Involves entering someone else’s property without permission, which can be charged alongside housebreaking.
• Theft – NRS 205.220: If the intent to commit theft is established, the accused may also face theft charges.

Examples of Housebreaking Offenses

To illustrate how NRS 205.0813 is applied, consider these examples:

• Example 1: An individual breaks a window to gain access to a home with the intent to steal valuables inside. This act constitutes housebreaking and can lead to criminal charges.
• Example 2: A person enters a closed business after hours without permission, intending to take money from the cash register. This behavior can also result in charges under NRS 205.0813.

Penalties for Housebreaking

The penalties for committing housebreaking under NRS 205.0813 can be significant:

• For a 1^st offense: As a Gross Misdemeanor, with 12 months in the County jail and fines of up to $2,000.00
• For a 2^nd or Subsequent offense: Housebreaking is typically charged as a Category D felony, which carries:
  • Imprisonment: 1 to 4 years in the Nevada Department of Corrections.
  • Fines: Up to $5,000.
• Enhanced Penalties: If the housebreaking involves burglary or leads to other criminal activities, the penalties may be increased.

Defenses Against Housebreaking Charges

If you are facing charges for housebreaking under NRS 205.0813, several defenses may apply:

1. Lack of Intent: Demonstrating that there was no intent to commit a crime at the time of entry can be a strong defense. If the accused believed they had permission to enter, this may mitigate liability.
2. Insufficient Evidence: If the prosecution cannot provide adequate evidence to prove that the accused knowingly entered unlawfully, the charges may be dismissed.
3. Mistaken Identity: If the accused can prove they were not the person involved in the alleged housebreaking, this can lead to a dismissal of charges.
4. Emergency Situations: If the accused can demonstrate that they entered the property to escape harm or assist someone in danger, this may serve as a valid defense.

The Importance of Legal Representation

Navigating the complexities of housebreaking charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling property crime cases equips him to provide a robust defense against charges under NRS 205.0813.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving housebreaking.

Understanding Your Rights

If you are accused of housebreaking, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against housebreaking charges under NRS 205.0813 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.