Burglary Charges Defense in Nevada

A burglary charge involves breaking a property to steal personal property or committing assault or battery on another person. Nevada’s legal definition of burglary does not require acts of violence. Burglary is a property offense rather than a violent offense. But penalties increase if the alleged burglar has a gun or other deadly weapon. As defined in Nevada, code 205.060, burglary differs from robbery in that it must involve the breaking of a property, which can include:
  • Houses
  • Vessels
  • Vehicles
  • Trailers
  • Airplanes
  • Gliders
  • Railroad cars
Burglary is a class B felony. If the crime did not include the possession of a firearm or deadly weapon, the sentence includes a minimum of 1 year and a maximum of 10 years in prison and may include a fine of up to $10,000. If the burglary involved carrying a deadly weapon, you could face between 2 and 15 years in prison and up to a $10,000 fine. For Nevada to prove someone guilty of committing the crime of burglary, the following elements must be proved beyond a reasonable doubt:
  • An individual entered any area; and
  • At the time of entry, the individual had the intent to commit larceny, to commit grand larceny, to commit assault, to commit battery, obtain money or property by pretenses, or commit any other felony.
It is important to note that a prosecutor in the State of Nevada does not have to prove that the accused committed any crime while inside the location. As the law states, “the crime is complete upon entry.” This means that the crime is the entry with the intent to commit a crime. To be charged with burglary, all the prosecutor must do is state that an individual had the criminal intent to commit a crime at the time they entered the location. If a person is charged with burglary, it does not mean that the person will be convicted of burglary. Many charges are reduced or dismissed because of defenses to the allegation available to a knowledgeable Neahusan Law Criminal Lawyer. A defense to a burglary that can be used at trial is lack of intent. If a person did not intend to commit any crime at any time that he was in the location, they cannot be convicted of burglary. Consent can also be brought up as a defense. If it can be proven that whoever owned the location consented to have the accused be there, the burglary charges will be dismissed. As long as the defense attorney can raise a reasonable doubt that the defendant had burglarious intent, the charge should be dismissed. These broad legal definitions often mean that the accused have been wrongly classified as burglars when simple trespassing or a misunderstanding is the case. Every criminal allegation is distinctive and has important individual details, and every case will have a different defense. If you or someone you know has been arrested or charged with this offense, a call to Neahusan Law is one of the best decisions you can make. An experienced Neahusan Law Criminal Defense Attorney will be able to review the specifics of your case and will be able to examine the law to build the best defense possible pertinent to your unique situation. A suspect may be charged with burglary even if there was no forced entry, meaning that people with the intent to commit a felony or larceny inside a building or vehicle can still be convicted of burglary even if they:
  • Entered through an open door or window,
  • Entered through an unlocked door or window, or
  • Were invited to come inside
However, defendants who do “break” are at a severe disadvantage when fighting burglary charges. If the Neahusan Law defense attorney can show the prosecutors that they have insufficient evidence to sustain a conviction, then the prosecutors may agree to lower the charge to misdemeanor petty larceny or possibly a dismissal. Please consider that prosecutors are more likely to extend a good plea bargain to defendants with no prior criminal record and who are cooperative with police. Furthermore, occasionally police make mistakes that violate defendants’ rights, such as:
  • Coercing a confession
  • Conducting a search and seizure that violates the Fourth Amendment
  • Planting evidence or fabricating evidence
  • Feeding leading questions to witnesses during a line-up
If this happens, a Neahusan Law defense attorney can file a motion to suppress evidence asking the judge to disregard all the evidence that the police unearthed through wrongful means. If the court grants the motion, the prosecutors may be left with too weak a case to continue and may be more willing to dismiss the charge or offer a favorable plea bargain. Under Nevada law, a burglary charge is successful if the prosecution proves you intended to commit a felony while entering a building or other structure. Because the prosecution’s case hinges on proving intent beyond a reasonable doubt, our job as your criminal defense attorney is to demonstrate a reasonable doubt that an intention to commit a crime existed. Neahusan Law begins investigating the circumstances surrounding your arrest, police questioning, and criminal file as soon as we are retained as your defense counsel. Both inside and outside of the courtroom, Neahusan Law fiercely advocates on your behalf. Whether guilty or innocent, a Neahusan Law lawyer with experience litigating before a Nevada jury and negotiating with prosecutors is a pillar of a successful defense. A criminal attorney who understands the details of your burglary case can identify potential defenses that may be available to help you avoid a conviction or reach a favorable plea agreement with the prosecution. Neahusan Law attorneys will fight your legal battles and handle your case with the attention it deserves. Contact Neahusan Law today at 775-420-5142 or on the contact form on our website. We are your legal lifeline in Reno, Sparks, Fallon, Carson City, Fernley, and the surrounding communities of Nevada. Neahusan Law 443 Marsh Avenue, Reno, Nevada  89509 775-420-5142