In Las Vegas, Nevada there is a difference between robbery and burglary. The consequences differ and when either of these charges is filed against you, you should seek an experienced attorney to represent you in court and achieve the most optimal solution. Today, we at Kajioka and Associates, Attorneys at Law would like to discuss the differences between robbery and burglary.
What is Robbery?
By means of force or violence or fear of injury, immediate or future, from the unlawful taking of personal property from the person of another, to his or her person or property, or the person or property of a member of his or her family, or of anyone in his or her company at the time of the robbery is all considered robbery. Taking by means of force, fear, or fear of force, or the application of fear to:
– Attain or withhold possession of the property
– Prevent or overcome resistance to the taking
– Aid escape
Punishment & Sentence for Robbery
To the taking of or escaping with the property, the level of force used is immaterial if it is used to compel acquiescence. Though the taking was fully achieved without the knowledge of the person from whom taken that knowledge was prevented by the use of force or fear, which a taking constitutes robbery whenever that appears. A category B felony that a person who commits robbery is found guilty shall be punished by imprisonment in the state prison for a minimum of two years and a maximum of 15 years. Nevada Revised Statute 200.380 is where the Nevada robbery law is found.
What is Burglary?
Burglary is defined in Las Vegas, Nevada as an act by a person who enters any house, room, apartment, tenement, semitrailer or house trailer, barn, stable, outhouse or other building, tent, shop, warehouse, store, mill vessel, vehicle, vehicle trailer, airplane, glider, boat or railroad car, by day or night, with the intent to commit grand or petit larceny, battery or assault to any person, commit any felony, to attain money or property by false pretenses.
Burglary Punishment & Sentence
A person convicted of burglary is guilty of a category B felony. The punishment is by imprisonment in the state prison for a minimum term 1 year and a maximum term of 10 years, and may be assessed a fine of up to $10,000. In the event someone who has previously been convicted of burglary or any other crime involving the forcible entry or invasion of a dwelling in addition to a convicted of burglary will not be released on probation or granted a suspension of sentence. In this State and without reasonable certainty be ascertained in what county the crime was committed as whenever a burglary is committed on a vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, vessel, boat or railroad car, in motion or in rest has occurred, the offender may be arrested and tried in any county through which the vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, vessel, boat or railroad car traveled during the time the burglary was committed. A person convicted of burglary whether they had her possession or gains possession of any firearm or deadly weapon at any time during the commission of the crime, at any time before leaving the structure or upon leaving the structure, is guilty of a category B felon. The punishment includes imprisonment in the state prison for a minimum term of 2 years and a maximum term of 15 years as well as be assessed a fine of up to $10,000. The act of entering a commercial establishment during business hours with the intent to commit petit larceny is not considered a crime of burglary unless the guilty person has been convicted of:
– Within the immediately preceding 7 years, there have been two or more times for committing petit larceny
– A felony.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
In Nevada Revised Statute 205.060 the Nevada burglary law is found. When you are facing burglary or robbery charges in Las Vegas, Nevada, you want the best representation with the experience and understanding of the law. Call Kajioka and Associates, Attorneys at Law to discuss the details of your case.