Difference Between Residential and Commercial Burglary in Nevada

Under Nevada law, burglary charges carry serious consequences that can change someone’s life forever. Whether the alleged crime involves a home or business, understanding the distinctions between residential burglary and commercial burglary can make a crucial difference in your defense strategy.

Legal Definition of Burglary in Nevada

According to Nevada Revised Statutes (NRS 205.060), burglary occurs when someone unlawfully enters a structure with the intent to commit a crime inside. The key element here is intent. As such, prosecutors don’t need to prove that a crime actually took place. They need only prove that the person intended to commit one upon entering. These intended crimes might include:

• Theft – Taking property without permission, whether of small or large value
• Battery – Planning to cause physical harm to someone inside
• Assault – Intending to make someone fear immediate harm
• Fraud – Entering with plans to obtain money or property through deception

It’s important to understand that merely entering without permission isn’t enough to constitute burglary. The prosecution must prove the person entered with the specific intent to commit another crime.

What Is Residential Burglary?

Residential burglary involves unlawfully entering a dwelling where people live or stay overnight. This includes:

• Houses – Any structure where people maintain permanent residence
• Apartments – Individual units within larger residential complexes
• Hotel Rooms – Temporary accommodations count as dwellings under Nevada law
• Mobile Homes – Including travel trailers and motor homes

Penalties for Residential Burglary

The law treats residential burglary incredibly seriously because it puts people at risk in their homes. As a category B felony, residential burglary carries these penalties:

• Prison Time – One to 10 years in state prison
• Financial Penalties – Possible fines reaching $10,000
• Criminal Record – A felony conviction that can affect future opportunities

What Is Commercial Burglary?

Commercial burglary involves unlawfully entering a business structure with criminal intent. This applies to:

• Retail Stores – Both large and small retail establishments
• Office Buildings – Including professional complexes and business parks
• Warehouses – Storage facilities and industrial spaces
• Educational Facilities – Schools and training centers

Penalties for Commercial Burglary

As a category C felony, a conviction on commercial burglary charges can result in:

• Prison Sentence – One to five years in state prison
• Monetary Fines – Up to $10,000 in fines
• Restitution – Required payment for any property loss or damage

Defense Strategies When Facing Burglary Charges

Several defense strategies might apply to both residential and commercial burglary cases, such as:

• Lack of Criminal Intent – Evidence showing you had permission to enter
• Mistaken Identity – Proof that someone else committed the crime
• Constitutional Violations – Challenges to illegal searches or evidence collection
• False Accusations – Demonstrating that the allegations lack credibility

Contact Our Nevada Criminal Defense Attorneys for Help

If you face residential or commercial burglary charges, time matters. At Adras & Altig, our experienced criminal defense attorneys have been practicing for over two decades. We understand Nevada’s burglary laws and how to build strong defenses for our clients. We have the skills and resources to fight to protect your rights. Contact us today for a free consultation and learn how we can help defend against these serious charges.