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WHAT IS AGGRAVATED TRESPASSING IN NEVADA?
Aggravated trespassing in Nevada involves entering or remaining on property after being warned to leave, or entering property with intent to commit a crime. It is a more serious charge than simple trespassing and can be elevated to a felony in certain circumstances.
WHAT THE PROSECUTION MUST PROVE
To convict you of Aggravated Trespassing in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant entered or remained on the property of another
The defendant was warned to leave or had no right to be present
The defendant acted willfully and knowingly
Aggravating factors: prior warning, intent to commit a crime, or threatening conduct
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR AGGRAVATED TRESPASSING IN NEVADA
Simple trespass
Misdemeanor — up to 6 months jail, $1,000 fine
Aggravated trespass
Gross Misdemeanor — up to 1 year jail, $2,000 fine
Trespass with intent to commit crime
Category D Felony — 1–4 years prison
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending aggravated trespassing charges
Trespassing charges often arise from disputes about property rights — easements, shared driveways, or boundary disputes. Establishing a legitimate claim to be on the property is a complete defense.
Many trespassing cases involve domestic situations — returning to a shared home after a restraining order. The legal status of the property and any court orders are critical.
The warning element is important — for aggravated trespass, the prosecution must prove you were warned to leave or that you had no right to be present. Verbal warnings that were unclear or ambiguous can be challenged.
Trespass charges are sometimes used as a tool in civil disputes. I always examine the underlying motivation for the charge and whether it reflects a legitimate criminal matter.
If you were on the property for a lawful purpose — utility work, delivery, or other authorized entry — that authorization is a complete defense.
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 AGGRAVATED TRESPASSING
Every case is unique, but these are the defenses most commonly raised in aggravated trespassing cases in Nevada:
Lawful right to be on the property
No warning was given or warning was unclear
Consent of the property owner
Mistaken belief about property boundaries
Emergency circumstances justifying entry