Las Vegas Burglary Defense Attorney
Burglary is a serious charge that can have severe consequences in the future and prevent an individual living a normal life. While burglary may seem like a complex charge at first, its elements are quite simple and straightforward. To learn more about burglary, including its penalties and defense, read the following information below.
What is burglary?
As defined by NRS 205.060, burglary is the act committed by “any person who, by day or night, enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider, boat or railroad car, with the intent to commit grand or petit larceny, assault or battery on any person or any felony, or to obtain money or property by false pretenses.” In simpler terms, any individual can be guilty of burglary if he/she unlawfully enters into any of the listed dwellings with the intent to commit larceny, assault or battery or any other felony.
Penalties for burglary charges:
There are several severe penalties for a burglary conviction that vary depending on the situation.
A person convicted of burglary is guilty of a category B felony and shall be punished:
- A minimum term of 1 year and a maximum term of not more than 10 years
- A fine of not more than $10,000.
If you possessed a weapon during any time during the burglary or at any time before or upon leaving the structure, you can be found guilty of a category B felony and shall be punished:
- A minimum term of not less than 2 years and a maximum term of not more than 15 years in a state prison, and
- A possible fine of not more than $10,000.
It is important to note that if you have been previously convicted of burglary as well or another other crime involving forcible entry or invasion of a dwelling, you will not be released on probation or granted a suspension of sentence.
In addition, Nevada law does not require a person to break and enter into a structure to be charged with burglary. Being simply invited into a home, for example, and having the intent to commit a crime can constitute burglary.
Defences to burglary charges in Las Vegas:
A valid defense to a burglary charge is that you did not have the intent to commit a crime when entering into the structure. As mentioned previously, a person can only be charged with burglary if the prosecution can prove that he/she had the intent to commit the crime before entering the structure. If the prosecution has insufficient evidence to prove intent, they cannot charge the person with burglary.
Because every case is different, you should contact your attorney about the specific facts of your case in order to receive the proper legal advice and help you deserve. Contact Adrian Lobo for a consultation in order to discuss the specific facts of your case.