Residential Burglary – NRS 205.060

Residential Burglary

Residential burglary, as defined under NRS 205.060, is a serious criminal offense in Nevada. This crime involves unlawfully entering a dwelling or residential structure with the intent to commit a crime inside. The prosecution must prove the following elements beyond a reasonable doubt for a conviction:

1. Unlawful Entry: The accused entered a residential building or dwelling without permission or legal authority.
2. Intent to Commit a Crime: At the time of entry, the accused intended to commit a crime, such as theft or any other felony, within the residence.
3. No Consent: The entry was made without the consent of the property owner or authorized occupant.

Related Offenses

Residential burglary is closely related to several other offenses, including:

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

Examples

To understand how residential burglary might occur, consider these examples:

• Example 1: Mark enters his neighbor’s home through an unlocked window with the intent to steal electronics and jewelry. Even if Mark does not actually take anything, he can still be charged with residential burglary because he unlawfully entered the home with criminal intent.
• Example 2: Jessica, after having an argument with her roommate, breaks into their shared apartment to retrieve her belongings. If Jessica did not have the right to enter the apartment, and she intended to take items not legally hers, she could face charges of residential burglary.

Defenses to Residential Burglary

There are several defenses that might be used to challenge a residential burglary charge:

1. No Intent to Commit a Crime: If it can be proven that the accused did not intend to commit a crime inside the residence, the burglary charge may be contested. For example, if the entry was for a legitimate reason and there was no intent to steal or commit a felony, this defense could be used.
2. Lawful Entry: Demonstrating that the entry was authorized or that the accused had permission to be in the residence can refute burglary charges. If the entry was not unlawful and was with consent, the charge may be invalid.
3. Mistaken Identity: Proving that the accused was not the person who committed the burglary is a viable defense. Evidence such as an alibi or witness testimony could show that the accused was not present at the scene.

Potential Penalty for Residential Burglary

In Nevada, residential burglary is considered a Category B felony. The potential penalties include:

• Imprisonment: 2 to 15 years in the Nevada Department of Corrections.
• Fines: Up to $10,000.
• Additional Consequences: Conviction may also result in restitution to the victim, probation, and a permanent criminal record.

It is important to note that there is a special subsection under NRS 205.060(3) for a residential burglary which states that “[i]f mitigating circumstances exist, a person who is convicted of residential burglary may be released on probation and granted a suspension of sentence if the person has not previously been convicted of residential burglary or another crime involving the unlawful entry or invasion of a dwelling.”

Criminal Defense for Residential Burglary

If you are facing charges of residential burglary, it is crucial to have a knowledgeable defense attorney on your side. Joshua Tomsheck, a board-certified criminal trial attorney and a registered specialist in criminal trial law with the State Bar of Nevada, is well-equipped to handle such serious charges. Mr. Tomsheck’s extensive experience, including being a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, underscores his capability in securing favorable outcomes for his clients.

With a proven track record of achieving hundreds of complete dismissals and acquittals at trial, Joshua Tomsheck is dedicated to providing strong defense strategies and protecting your rights.

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