Why You May Be Charged with Burglary Even if You Didn’t Steal; Crimes Against Property, Tack on Charge & More

A common question among clients consulting with their attorney when recently arrested for a crime, is what does it have to do with the crime of Burglary? Why they are booked on charges which include burglary is what many people simply do not understand. The common theme is that they can’t, or shouldn’t, be charged with the serious crime of burglary if they haven’t broken into a home or business. However, there are literally thousands of different factual circumstances which amount to Burglary in Nevada. Today, we at Kajioka & Associates, Attorney at Law would like to continue on the subject.

Crimes Against Property

To cover “Crimes Against Property” and specifically defined in NRS 205.060, the burglary laws are contained in Nevada Revised Statute (“NRS”) Chapter 205 in Nevada. Nevada defines burglary as when someone enters any structure, like a commercial or residential establishment, or a vehicle when the person entering has the intent to commit any of the following inside: assault, battery, larceny, obtaining money or property under false pretenses or any other felony. Burglary is a category “B” Felony carrying the potential of 1-10 years in prison and a fine up to and including $10,000.00. It has serious consequences.

Burglary as a Tack on Charge

Even if they have never broken into a business or residence and have never stolen anything, this definition of burglary means that people can be arrested or charged for burglary in Nevada. The District Attorney will charge burglary as a “tack on” charge with the other offense when a different crime occurs inside a building or vehicle. This tacked on charge of burglary is quite often more serious than the other crime, unfortunately. This charging tactic is commonly used in Las Vegas, the Clark County District Attorney. Even if they didn’t steal the car an individual can be charged with possessing a stolen car for example. In addition to possession of a stolen vehicle, the State will often charge Burglary in that circumstance. A person can be arrested and charged with the “B” Felony crime of Burglary even if they never get away with a $0.99 pack of gum. Another circumstance is when someone who enters a pawn store to pawn an item that isn’t theirs. For entering the pawn shop, they can be charged with Burglary. Just the same, an individual can enter a business to cash a forged check. The State will file Burglary charges in addition to any charges for the forgery of the check because the person walked into the bank to cash it in that case.

Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada

As you can see there are countless ways in which an individual, despite the preconceived notions that people may have about the crime of burglary. A first-time offender who meant no physical harm or great financial loss to the alleged victim, can be charged with a severe felony carrying significant prison time. Contact Kajioka & Associates, Attorney at Law if you, or someone you know, have questions about the crime of burglary, or any other criminal law matter in Las Vegas or elsewhere in Nevada.

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