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Home » Las Vegas Burglary & Theft Defense Lawyer

Charged with Theft or Robbery in Las Vegas, NV?

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Under Nevada law, burglary is a felony that carries serious penalties ― up to 15 years in prison and thousands of dollars in fines, depending on the facts of the case. A felony charge on your record could also have negative long-term consequences, impacting your ability to get a job, find housing, or buy a car.

With so much on the line, you need a criminal defense lawyer immediately if you’re facing burglary charges in Nevada. The Las Vegas criminal defense law firm of Adras & Altig will vigorously uphold your rights and fight to keep you out of jail if you’re in this frightening position.

With nearly 40 years of combined experience, our burglary attorneys provide clients with the top-tier legal help we would expect from our own lawyers if we were accused of a crime. We take a collaborative approach to client service, putting our talents and experience to work for you as we fight aggressively to clear your name and protect your freedom.

Want straightforward legal advice? Contact us today for a free consultation with a trusted burglary defense lawyer.

What Is Considered Burglary Under Nevada Law?

Nevada recently overhauled many of the state’s criminal laws, including the definition of burglary and similar crimes. Under Section 205.060 of the Nevada Revised Statutes (NRS), burglary is broadly defined as the crime of unlawfully entering or remaining in a home, business, other structure, or vehicle.

What Are the Types of Burglary?

Under § 205.060 of the Nevada Revised Statutes (NRS), the crime of burglary involves unlawful entry into almost any structure, including the following:

Residential burglary – Occurs when someone breaks into a dwelling (e.g., house, apartment, townhome, condominium, etc.) with the intent to steal someone’s money or property, or physically attack them.
Burglary of a business – Happens when an individual breaks into a company with the intent to commit grand larceny, petit larceny, assault, battery, or any other felony.
Burglary of a structure – Occurs when a person breaks into any structure (excluding homes or businesses) with the intent to commit larceny, battery, assault, or any other penalty.
Burglary of a motor vehicle – Happens when someone breaks into all or part of a vehicle to steal the vehicle, money, or other property, or attack someone in the vehicle.

There are a few crimes that are related to burglary or breaking and entering. These include:

  • Invasion of the home – Per NRS Section 205.067, invasion of the home is the crime of forcibly entering someone’s home without the permission of the owner, resident, or lawful occupant. You can be convicted of home invasion regardless of whether or not anyone was in the home when you broke in.
  • Burglary with explosives – Per NRS Section 205.075, this is the crime of breaking into any building, inhabited or not, and opening or attempting to open a safe, vault, or other secure area using explosive devices.
  • Possession of instrument with burglarious intent – According to NRS Section 205.080, possessing tools that could be used in a burglary or related crimes is a gross misdemeanor.

To be considered burglary, the unlawful entry must take place with the intent to commit a felony, such as the following:

  • Petit larceny – Stealing less than $1,200 in money or items
  • Grand larceny – Stealing $1,200 or more in money or items
  • Battery – Physically harmful or offensive contact with another person
  • Assault – Intentionally threatening another person with imminent physical harm
  • Other felony crimes – Crimes such as murder, kidnapping, and arson, which are punishable by a minimum of one year in prison under Nevada law
  • Obtaining money or property under false pretenses – Lying to someone to take their money or other possessions in a residential burglary

Burglary does not necessarily have to involve breaking and entering. Offenders who simply trespass through unsecured doors or windows can be charged with burglary. Burglary also does not have to involve committing any offense after unlawfully entering. Prosecutors only have to prove that someone had the intent to commit larceny or another offense listed under § 205.060 at the time of entry.

 

Difference Between Burglary, Robbery, and Theft

Burglary, robbery, and theft are three different crimes. One of the main differences between burglary, robbery, and theft is that burglary and theft are legally defined as crimes against property. In contrast, robbery is defined as a crime against a person. NRS § 200.380 defines robbery as unlawfully taking another person’s property using force, violence, or threat of injury.

Robbery includes using force or threats to do any of the following:

  • Acquire or keep another person’s personal property
  • Prevent or overwhelm resistance from the other person
  • Enable themselves to escape
  • The degree of the force does not matter in a robbery charge. The offender must use it to pressure or frighten the other person into compliance, though. Robbery is distinct from burglary in this way because victims are typically absent during a burglary.

Theft is also considered a crime against property. However, it is distinct from burglary because the crime of burglary is committed as soon as an offender enters someone’s property with unlawful intent. On the other hand, theft involves actually taking or controlling someone else’s money or property without permission.

Under NRS § 205.0832, actions that are considered theft include the following:

  • Controlling another person’s property to keep it from them
  • Transferring someone else’s property, interest, or services without their permission
  • Taking another person’s real or intangible property or services by lying to them
  • Keeping someone’s lost or stolen property without trying to return it
  • Not paying for services that were already provided
  • Writing a check they know will bounce
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What is the Penalty for Burglary in Nevada?

The penalty for burglary in Nevada varies based on the specific crime and if there are any aggravating or mitigating factors. At a baseline level, the penalties for burglary in Nevada are:
Burglary of a motor vehicle

A first conviction for burglary of a motor vehicle is a Category E felony, the lowest possible type of felony in Nevada. The maximum penalty is four years in prison and up to $5,000 in fines, though many offenders receive lesser penalties, such as probation if they don’t have any prior convictions. A second or subsequent conviction for burglary of a motor vehicle is a Category D felony, with the same maximum penalties as a Category E felony but with less chance of receiving probation or other lesser punishments.

Burglary of a structure

This crime is a Category D felony with a maximum penalty of four years in prison and $5,000 in fines.

Burglary of a business

Moving up the scale, burglary of a business is a Category C felony in Nevada, punishable by up to five years in prison and $10,000 in fines.

Residential burglary

As a Category B felony, residential burglary carries the harshest potential penalties of burglary-related crimes in Nevada. A conviction for residential burglary could result in a prison sentence of one to 10 years.

Several factors can affect the penalties you receive for a burglary conviction in Nevada. For example, a person convicted of residential burglary could receive probation and a suspended sentence if there are mitigating circumstances and they do not have any prior convictions for burglary or related crimes.

On the other hand, anyone found with a deadly weapon while committing any type of burglary could receive between two to 15 years in prison, along with $10,000 in fines.

Regarding crimes similar to burglary, a conviction for a home invasion is a Category B felony, punishable by one to 10 years in prison and up to $10,000 in fines. If you use a deadly weapon while committing a home invasion, the penalties go up to two to 15 years in prison. If you’re found guilty after a prior conviction for home invasion or burglary, you will be ineligible for probation or a suspended sentence.

Burglary with explosives is punishable by between two and 15 years in prison. If you’re convicted of possession of burglary instruments, you could be sentenced to up to 364 days in jail and $2,000 in fines.

A burglary charge puts your reputation and liberty on the line. It’s essential to hire a burglary defense attorney as soon as possible if you’re facing charges. Your burglary defense lawyer can begin immediate work on your case and ensure that you receive fair treatment under the law.

How Our Las Vegas Burglary Lawyers Can Help

You could spend a decade or longer behind bars if you’re convicted of burglary in Nevada.

The Las Vegas burglary lawyers at Adras & Altig can help by:

  • Looking at the evidence against you to determine potential defenses
  • Pushing to have evidence against you dismissed if it was obtained through an unlawful search or seizure
  • Negotiating a plea agreement that could result in a lesser sentence
  • Representing you vigorously in court if your case goes to trial

Contact an Experienced Burglary Defense Attorney in Las Vegas Today

The stakes are high if you’re accused of burglary in Nevada, and there’s a lot to lose. But guilty or innocent, you deserve quality legal representation to protect your interests and enforce your legal rights. Put the Las Vegas burglary defense lawyers at Adras & Altig to work for you. Call or contact our office today for a free case review.