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WHAT IS BURGLARY IN NEVADA?
Burglary in Nevada is entering a building, vehicle, or other structure with the intent to commit a crime inside — typically theft, assault, or another felony. The crime is complete upon entry with criminal intent — the intended crime does not have to be completed.
WHAT THE PROSECUTION MUST PROVE
To convict you of Burglary in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant entered a building, vehicle, or other structure
At the time of entry, the defendant intended to commit a crime inside
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR BURGLARY IN NEVADA
Burglary of a Home or Business
Category B felony. 1 to 10 years in Nevada State Prison.
Burglary with Explosives
Category B felony. 2 to 15 years in prison.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending burglary charges
The most important element of burglary is intent at the time of entry. If you entered a building for a lawful purpose and only formed criminal intent after entering, that is not burglary.
Burglary does not require breaking in. Entering through an unlocked door or an open window with criminal intent is still burglary.
Possession of burglary tools — lock picks, slim jims, etc. — is a separate crime in Nevada and can be used as circumstantial evidence of intent.
Home invasion (NRS 205.067) is a more serious charge than burglary when the structure is an occupied dwelling. The penalties are significantly harsher.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO BURGLARY
Every case is unique, but these are the defenses most commonly raised in burglary cases in Nevada:
No criminal intent at the time of entry
Lawful right to enter the premises
Mistaken identity
Insufficient evidence of intent
Unlawful search and seizure