When a person gets arrested for burglary in Las Vegas, often times they are also charged with a home invasion. These are both a serious crime here and considered a Class B Felony. This is the second worst tier of crimes you could be charged with in the state. When charged with one or both of these crimes, it is important to seek counsel who are experienced in handling criminal cases such as these. Burglary or home invasion charges carry serious consequences and are a complex area of the law. You may be asking yourself what the difference is between the two charges, we will divulge on this subject today.
Burglary Law Definition
According to the NRS 205.060, burglary is defined as; Section 1: A person who by day or night, enters any house, room, apartment, warehouse, store, vehicle, boat etc. with the intent to commit grand or petty larceny, assault or battery on any person or any felony, or to obtain money or property by false pretenses is guilty of burglary. In summary, this means that any person who enters a vehicle or structure unlawfully and with the intent to commit a crime will be charged with said offense.
Sentencing Guidelines & Punishment for Burglary
Burglary is classified as a Class B Felony in the State of Nevada. If convicted, burglary is punished imprisonment of no less than 1 year and no more than 10 years. It also carries a fine of up to $10,000 for the first offense. If at any time during the crime in question, the perpetrator is in possession of, or gains access to any deadly weapon, the punishment is enhanced to 2 years-15 years in a state prison.
What Does a Home Invasion Charge Entail in Nevada?
According to the NRS 205.067, invasion of the home is defined as; A person who, by day or night, forcibly enters an inhabited dwelling without permission of the owner, resident or lawful occupant whether or not a person is present at the time of entry, is guilty of invasion of the home. In summary, this means that any person who kicks in a door, cuts a screen, breaks a window or otherwise forces their way into a home, business or vehicle is guilty of said offense regardless if the homeowner is present or not.
Punishment for Home Invasions
Similar to punishment for burglary, if convicted, home invasion carries a punishment of imprisonment of no less than 1 year, no more than 10 years and a fine of up to $10,000. If at any time during said crime, the perpetrator is in possession of, or gains access to a firearm or other deadly weapon, the punishment is enhanced to 2 to 15 years in State Prison and a fine of up to $10,000.
How to Beat a Home Invasion Charge or Get Burglary Charges Dropped?
These two crimes are one of the rare instances where you are not protected by the Constitutional 5th amendment rights of Double Jeopardy. A burglary charge requires proof that the perpetrator had intent to commit a crime while inside the vehicle or dwelling, whereas home invasion simply requires proof of forcible entry. This means that you can lawfully be convicted of both crimes according the U.S. Supreme Court case law. If you have been charged with one or both of these crimes, seek competent counsel as soon as possible. Remember, you have rights and do not have to speak to anyone about the case unless your lawyer is present. Attorneys can negotiate with prosecutors more effectively than you can on your own and have aggressive defense strategies to protect your legal rights.