English
Spanish
Being charged with burglary or home invasion is one of the most serious criminal allegations in Nevada law. These offenses involve unlawful entry into someone else’s property with the intent to commit a crime inside, such as theft, robbery, or assault. Even if nothing was stolen or damaged, prosecutors may still pursue severe felony charges. A conviction can lead to lengthy prison sentences, heavy fines, and a permanent criminal record.
At The Defense Firm, we understand that many burglary cases involve mistaken identity, misunderstood intent, or illegal searches. Our experienced team of criminal defense lawyers builds strong, evidence-driven defenses to create reasonable doubt and protect your freedom.
Understanding Burglary and Home Invasion
Under Nevada state law, burglary occurs when a person enters a building, home, or vehicle with the intent to commit a crime inside. This could include theft, assault, or any felony offense. Home invasion, by contrast, specifically refers to unlawfully entering an occupied dwelling by force, often while someone is present.
While both are serious, home invasion is considered even more dangerous because it involves force or entry into a person’s property where people are inside. Both offenses can carry severe penalties and life-altering consequences.
Degrees of Burglary in Nevada
Burglary charges are divided into several degrees depending on how the crime occurs and the circumstances surrounding the entry.
A first-degree burglary involves unlawfully entering a home, apartment, or other occupied dwelling with the intent to commit a crime. It is treated as a Category B felony, punishable by up to 10 years in state prison.
A second-degree burglary usually involves entry into a business or structure that is not a residence. It is still a felony, though penalties may be lighter.
A third-degree burglary may apply to entry into vehicles or other nonresidential property. Although less severe, it still carries serious consequences and can result in prison time and a permanent mark on your criminal record.
What Constitutes Home Invasion
Home invasion laws differ from burglary because they involve force. A person enters an occupied dwelling without permission, using physical force, or breaking doors or windows. Whether or not a theft occurs, this act alone qualifies as home invasion.
Under Nevada law, home invasion charges become even more severe if the accused is armed with a dangerous weapon or if someone sustains bodily injury during the incident. These cases are treated as Class A or B felonies, often resulting in life imprisonment or mandatory prison terms.
Even if you believed you were entering your own home or property mistakenly, prosecutors may still treat the situation as unlawful entry unless your attorney can clearly prove your intent was not criminal.
Intent: The Necessary Element in Burglary Cases
For a burglary conviction, prosecutors must prove that you had criminal intent at the time of entry — meaning you planned to commit theft or another crime. Simply walking into a building without permission is not enough to prove burglary under state law.
This key distinction is often where the strongest defenses are built. If your criminal defense lawyer can show that you entered by mistake, had no plan to commit a crime, or were invited onto the property, the case against you may fall apart.
Common Scenarios Leading to False Burglary Charges
Many burglary and home invasion cases begin with confusion or assumptions. People are often accused after entering a home or structure they believed they had permission to access, such as a friend’s apartment or a shared residence. Others may face burglary charges after being found near a property where a crime occurred, even if they were uninvolved.
Mistaken identity also plays a major role. Eyewitnesses under stress frequently misidentify suspects, and police reports can contain errors that unfairly implicate innocent individuals. These misunderstandings can easily escalate into criminal charges that require aggressive defense.
Penalties for Burglary and Home Invasion
The penalties for burglary or home invasion depend on the degree of the offense, the presence of weapons, and whether the dwelling was occupied.
A conviction can result in:
- 5 to 15 years in state prison for first-degree burglary.
- Up to 10 years for second-degree burglary.
- Mandatory sentences for home invasion when force or weapons are involved.
In addition to prison, those convicted face heavy fines, probation, loss of gun rights, and difficulty finding future employment or housing opportunities. The long-term consequences of a felony record make it essential to fight for a reduced charge or dismissal.
The Importance of Early Legal Representation
If you’re facing burglary charges, time is critical. The earlier a defense attorney becomes involved, the stronger your chances are of preventing criminal charges from escalating.
Our attorneys immediately begin investigating the prosecution’s evidence, challenging search procedures, and identifying weaknesses in the prosecutor’s case. We often uncover illegal searches, mishandled evidence, or assumptions of intent that don’t hold up under scrutiny.
Acting quickly allows your lawyer to contact eyewitnesses, preserve video footage, and build the strongest defense possible before the case reaches trial.
Building a Strong Defense Against Burglary Allegations
Every burglary case is different, but the best defenses often focus on intent and identification. Our criminal defense team examines every element of your case, from police procedure to witness testimony, to find inconsistencies and create reasonable doubt.
If evidence shows that you were misidentified, invited into the property, or lacked intent to commit a crime, your charges could be dropped or reduced. We also work to prove when law enforcement violated your rights during a search or arrest — evidence obtained through an illegal search is often inadmissible in court.
Our ultimate goal is to protect your freedom, your criminal record, and your future opportunities.
Why Experience Matters in Burglary Defense
At The Defense Firm, we’ve defended clients in some of the most complex burglary and home invasion cases in Nevada. Our team includes former prosecutors who understand how the state builds its cases — and how to dismantle them.
We combine legal strategy with in-depth knowledge of Nevada’s burglary laws, giving our clients the edge they need in court. Through negotiation, investigation, and litigation, we aim for reduced charges, dismissals, or not guilty verdicts whenever possible.
When your freedom is at risk, experience is not optional — it’s essential.
The Lasting Impact of a Burglary Conviction
Beyond prison time and fines, a burglary or home invasion conviction can follow you for life. Employers, landlords, and licensing boards often view any felony as a major barrier to trust. Your ability to travel, apply for credit, or maintain professional standing can all be affected.
A conviction may also influence child custody cases and relationships with your family. These are serious penalties that go far beyond sentencing — and they’re why our firm fights tirelessly for outcomes that protect our clients’ futures.
How The Defense Firm Can Help
Our experienced attorneys provide aggressive defense for clients charged with burglary or home invasion throughout Las Vegas and the surrounding areas. We take a hands-on approach, meeting personally with every client to explain their rights, evaluate evidence, and map out the best defense strategy.
We know how to challenge every element of the prosecution’s argument — from criminal intent to unlawful entry — while working toward a reduced charge or complete dismissal. Our record of success in criminal cases speaks for itself.
If you’re under investigation or have already been arrested, do not face these accusations alone. The sooner you seek legal help, the better your chances of securing your freedom and your clean record.
FAQ
What is the difference between burglary and home invasion in Nevada?
Burglary involves entering any structure with the intent to commit a crime, while home invasion requires forceful entry into an occupied dwelling.
Can I be charged if I didn’t steal anything?
Yes. Burglary charges depend on your intent, not whether a theft occurred. Prosecutors only need to claim you entered intending to commit a crime.
What are the penalties for home invasion?
A home invasion conviction is a Class A or B felony and can result in life imprisonment, especially when weapons or bodily injury are involved.
How can a lawyer help me fight these charges?
A skilled criminal defense lawyer can challenge the prosecution’s evidence, dispute intent, and uncover illegal searches or procedural mistakes that weaken the case.
What should I do if I’m charged with burglary?
Act immediately. Contact an experienced attorney for a confidential consultation to begin protecting your rights and preserving evidence that supports your defense.
Conclusion
A burglary or home invasion charge can change the course of your life. But with an experienced criminal defense attorney, you can fight back. At The Defense Firm, we’ve successfully defended clients facing some of Nevada’s toughest entry and invasion cases, achieving record-saving outcomes through careful investigation, strategy, and negotiation.
Don’t wait until it’s too late to defend yourself. Contact The Defense Firm today for a free consultation.
Your home, your freedom, and your future deserve the strongest possible defense.