Invasion of the Home – NRS 205.067

Overview

Invasion of the home, as defined under Nevada Revised Statute (NRS) 205.067, is a serious criminal offense that involves forcibly entering someone’s residence without permission, regardless of whether the intent is to commit a crime inside. This law is aimed at protecting the sanctity and safety of a person’s home, and it is one of the most heavily penalized property crimes in Nevada. A conviction for invasion of the home can lead to severe consequences, including imprisonment and substantial fines. Attorney Josh Tomsheck of Hofland & Tomsheck is an experienced criminal defense lawyer who has successfully defended clients against such charges, offering a strong and strategic defense to protect their rights and freedom.

Definition of Invasion of the Home

Under NRS 205.067, “invasion of the home” occurs when an individual forcibly enters an inhabited dwelling without permission from the lawful occupant. Key elements of this statute include:

1. Forcible Entry: The individual must have entered the residence through force, threat of force, or any method that involves breaking and entering. This can include breaking a window, kicking in a door, or using tools to gain unauthorized access.
2. Inhabited Dwelling: The statute applies specifically to dwellings that are inhabited, meaning that they are used as a living space, regardless of whether anyone was present at the time of entry.
3. Lack of Permission: The entry must be without the consent of the lawful occupant. Consent can only be given by someone who has the legal right to allow entry into the residence.

Legal Requirements for Prosecution

To obtain a conviction for invasion of the home under NRS 205.067, the prosecution must prove the following elements beyond a reasonable doubt:

1. Forcible Entry: The defendant must have forcibly entered the home, meaning that they used some form of physical force or coercion to gain access to the dwelling.
2. Knowledge of Unlawful Entry: The defendant must have known that they were entering the dwelling without the permission of the lawful occupant.
3. Inhabited Dwelling: The dwelling in question must have been inhabited at the time of the entry, although it is not necessary for anyone to have been physically present during the incident.

Related Offenses

Invasion of the home is closely related to several other criminal offenses in Nevada. Understanding these related charges is essential, as they may be charged in conjunction with or in place of home invasion, depending on the circumstances:

• Burglary – NRS 205.060: Involves entering a building, vehicle, or structure with the intent to commit a felony, larceny, assault, or battery once inside. It differs from home invasion in that it does not necessarily involve forcible entry.
• Trespassing – NRS 207.200: Involves entering or remaining on another person’s property without permission. Trespassing is typically a less severe offense and does not require forcible entry.
• Assault or Battery – NRS 200.471 & NRS 200.481: If the invasion of the home involves violence or threats against the occupants, additional charges of assault or battery may apply.

Examples of Invasion of the Home Offenses

To provide clarity on how NRS 205.067 is applied, consider the following examples:

• Example 1: An individual breaks a window to gain entry into a house they know is occupied, without the owner’s permission, intending to confront a resident. This act constitutes invasion of the home under NRS 205.067.
• Example 2: A person kicks in the door of an apartment because they believe their partner is inside with someone else. Even if they do not intend to commit theft or another crime, their act of forcibly entering an inhabited dwelling without permission can lead to charges of home invasion.

Penalties for Invasion of the Home

The penalties for invasion of the home under NRS 205.067 are severe and can vary depending on the specific circumstances of the case, such as whether a weapon was used or if the dwelling was occupied at the time:

• Category B Felony: Invasion of the home is classified as a Category B felony in Nevada, carrying the following penalties:
  • Imprisonment: 1 to 10 years in the Nevada Department of Corrections.
  • Fines: Up to $10,000.
  • Enhanced Penalties: If a deadly weapon was used during the invasion, or if the home was occupied at the time, the penalties can be significantly increased, potentially leading to additional charges and longer prison sentences.

Defenses Against Invasion of the Home Charges

If you are facing charges for invasion of the home under NRS 205.067, several defenses may be available depending on the details of your case. Attorney Josh Tomsheck can evaluate your situation and craft a defense strategy tailored to your needs. Common defenses include:

1. Lack of Forcible Entry: If the entry was not forced or the accused had some form of access to the residence (such as a key or permission from a lawful occupant), this can be a strong defense against the charge of home invasion.
2. Consent: If the accused believed they had the consent of the lawful occupant to enter the residence, this can be used as a defense. This can occur in cases where there is a misunderstanding about permission or access rights.
3. Mistaken Identity: If the accused can prove that they were not the individual involved in the alleged invasion, this can lead to a dismissal of charges. This defense may involve presenting alibi evidence or challenging the identification process used by law enforcement.
4. No Inhabited Dwelling: If the residence was not actually inhabited at the time of the entry, the prosecution may not meet the elements required for an invasion of the home charge under NRS 205.067.

The Importance of Legal Representation

Facing charges of home invasion requires experienced legal representation due to the severity of the penalties involved. Attorney Josh Tomsheck is a board-certified criminal trial lawyer and a registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in defending clients against serious felony charges, including home invasion, equips him to provide a robust and strategic defense to protect your rights and freedom.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain States Super Lawyer, Josh has a proven track record of achieving favorable outcomes for his clients, including dismissals and acquittals at trial. His dedication to protecting the rights of those accused and his deep knowledge of Nevada’s criminal laws make him a formidable advocate in cases involving home invasion.

Understanding Your Rights

If you have been accused of invasion of the home, understanding your rights is critical. Having skilled legal representation can help you navigate the complexities of the legal system and protect your future. Attorney Josh Tomsheck and the team at Hofland & Tomsheck are committed to providing aggressive and effective defense strategies tailored to your unique case.

Contact Josh Tomsheck Today

For more information about defending against invasion of the home charges under NRS 205.067 in Las Vegas or anywhere in Nevada, 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. Don’t leave your future to chance—let us help you protect your rights and achieve the best possible outcome.